Clause 1: Preamble

Welcome to valuationpractices.com (“WEBSITE” or “we” and all the grammatical variations and cognates such as “us”, “our” etc.). WEBSITE shall mean to include owners, directors, and employees thereof.   This Terms of Use Agreement (“User Agreement”) sets forth and shall govern the terms and conditions of usage of the Website by the person who visit the Website (“USER” or “Visitor” or “you” and all the grammatical variations and cognates such as “your” etc.)

We reserve the right to change this User Agreement without informing or intimating or notifying the User. Hence the User must carefully read and understand the terms and conditions of use as stated in the User Agreement at the time of visiting the Website and proceed to browse the Website and consume the content thereon only thereafter.

Clause 2: Definitions

The capitalized words used in this User Agreement hereinafter are defined below and shall be interpreted or construed in the sense, unless context requires otherwise, as defined hereunder.

DOMAIN means valuationpractices.com, which may or may not be parked with the HSP. 

WEBSITE means this website https://www.valuationpractices.com/ and all the existing and live pages encapsulated under or attached to the DOMAIN. However, WEBSITE shall not include any content posted or parked on any sub-domains derived from DOMAIN or any other domains, whether or not owned by the owners or the WEBSITE. Further, WEBSITE shall include the owners, directors, operators and employees of the WEBSITE. 

CONTENT shall mean all the content such as data and information posted on the Website in form of text, images, graphics, audio, video, software code, internal and external links, user interface, user experience etc.

USER CONTENT shall mean the content posted or provided by the USER. Examples of the USER CONTENT are comments, file uploads, information provided by USER etc.

CONSUMPTION shall mean accessing, visiting, browsing, viewing, listening, and experiencing the CONTENT of the Website. The word CONSUMPTION shall include the grammatical variants and cognates such as consume, consuming etc., whether or not capitalized, unless the context does not require such meaning.

SERVICE(S) shall mean provision of CONTENT on the WEBSITE and any other chargeable or non-chargeable services, which the WEBSITE expressly agrees to provide.

USER means the person or system, which visits and access the WEBSITE, whether directly or through any link, and whether or not with an intent to consume the CONTENT. USER shall also include the legal entities on behalf of which the person visits and accesses the WEBSITE.

HSP shall mean the Hosting Service Provider which is usually the third party or external service provider who has provided the space on their servers for hosting of WEBSITE.

IP means Internet Protocol Address, which is the identity of the hardware (computer, mobile device, internet connected device, etc.) on the network.

Certain other words or the group of words are specifically defined or explained in the specific clauses. Unless specifically stated, such words or group or words shall have the meaning defined, explained and stated therein and shall hold good for the entire User Agreement.

Clause 3: Hosting of WEBSITE:

The WEBSITE is hosted on the servers of the HSP. When the USER access this Website, he / she will be connected to the servers of the HSP, and he / she must understand the risks and perils of such connections through professional advice or otherwise. WEBSITE will not be responsible for any consequences, including but not limited to any authorized or unauthorized access to your system by any third party (including hackers), on account of such connection of your system and browser to such servers of HSP.

Clause 4: Access to WEBSITE:

WEBSITE hereby grants you non-exclusive, non-transferable and non-assignable license for CONSUMPTION. WEBSITE reserves the unconditional and unqualified right to deny the full or partial access to the WEBSITE to any particular person or system or devices or IP or region or territory or nation / country (whether or not sovereign) and / or any class thereof. Such denial may be necessary for compliance of the laws of India or any other country or owing to the public policy or on moral grounds or any other reasonably genuine reasons. For example, access may be fully or partially denied to the persons under a certain age, for whom, consuming the CONTENT may not be appropriate. However, the WEBSITE shall not deny or discriminate the access on the basis of any gender, caste, community, race, color, religion etc. Further, the WEBSITE may offer, at its own discretion, disproportionate and more favorable services to any person or class of persons, who might be, in the opinion of the WEBSITE, are perceived as under privileged or require special assistance to consume the CONTENT. For example, the WEBSITE may provide special audio services to the differently abled or Divyang persons, who could not read in normal course due to blindness.      

Clause 5: Delay or Disruption of SERVICES:

WEBSITE shall not be responsible for any delay or disruption or denial or non-availability of SERVICES, in full or part, whether attributable to WEBSITE or HSP or any other third-party, unless expressly agreed by the WEBSITE for any specific service.

Clause 6: Intellectual Property:

The WEBSITE has exclusive copyright over the CONTENT generated or created by the WEBSITE. Any content which is sourced by the WEBSITE from any external open sources, whether or not paid, or public domain, shall not be considered as copyrighted content. For example, any content such as articles or images or music / sound tracks etc. obtained through private label rights from external sources shall not be considered as copyrighted by WEBSITE. However, such content may be copyrighted by its owners, who have granted the private label right or right to use in general or in species.

Any unauthorized CONSUMPTION or reproduction or retransmission or replication in any media or any other unauthorized use of the CONTENT shall be deemed to be infringement of the copyright and shall be subject to the appropriate legal action.

Any infringement of the intellectual property rights such as copyright, trademark, design etc. of the WEBSITE or respective owners of such intellectual property rights, may result in the legal action and liabilities for infringement and such liability as well as defense to the legal action or suit shall be the sole responsibility of the USER.

Clause 7: USER CONTENT:

USER may post the USER CONTENT on the WEBSITE only where expressly permitted or invited by the WEBSITE and to the extent permitted by the WEBSITE. The WEBSITE reserves the sole, unconditional, and unqualified right to approve or disapprove the USER CONTENT.

USER CONTENT, even if approved by the WEBSITE in good faith, WEBSITE do not endorse such USER CONTENT or guarantees, in any way whatsoever, about the authorization, authenticity, accuracy, correctness, fairness, genuineness, or compliance with the applicable laws, including intellectual property rights, of such USER CONTENT.

WEBSITE reserves the right to delete or remove the USER CONTENT, without giving any reasons therefore, to the USER or any other person, unless required by law or order of the Court or any statutory authority.

USER shall not post any USER CONTENT which is inappropriate or infringement of any intellectual property rights of others or in breach of any contractual obligation of the USER or is in non-compliance or contravention of any applicable laws, rules, regulations or standards or public policy. Any USER CONTENT from any country, which may in the opinion of the WEBSITE is in non-compliance of or contravention of Indian laws or Indian public policy shall not be approved, or if approved in good faith may be deleted or removed by the WEBSITE.

If the USER thinks or finds the USER CONTENT posted by her or him to be inappropriate or unauthorized or non-compliant, such USER shall request to the WEBSITE to delete such USER CONTENT, if the USER herself or himself is not able to delete or remove such USER CONTENT. For clarification of the doubts, it is hereby clarified that any content which may be reasonably considered to be, including but without limitation, hate speech, defamation, abusive, harassment, threatening, intimidation, invasive, nudity / porn, discriminatory against any gender or race or community or religion or otherwise or baseless allegations or unlawful claims of rights or infringement of intellectual property rights or irrelevant to the context or any software code, whether or not virus, shall be deemed to be inappropriate. WEBSITE shall be sole judge to determine the inappropriateness.     

WEBSITE may delete or remove any USER CONTENT based on complaints or requests received from other users or any class of users or class of persons or any orders received from statutory authorities under whose jurisdiction the WEBSITE falls.

USER shall indemnify and hold harmless the WEBSITE in case of any third-party claims or judicial or statutory orders on the WEBSITE or any reputational harm to the WEBSITE due to the reasons attributable to the USER CONTENT.

Clause 8: Disclaimers:

System Disclaimer

The CONTENT is optimized for accessing on normal computer devices such as personal computers, laptops, tablets, and mobiles through the widely prevalent browsers. However, the WEBSITE does not give any guarantee or warranty for access for any specific device or browser.

CONTENT Disclaimer

The CONTENT may be a compilation and aggregation from multiple sources or may be created by the WEBSITE. Whereas the WEBSITE has taken all the care and diligence in the process of creation, compilation, aggregation and presentation of the CONTENT, the CONTENT may be subject to the typographical errors, judgmental errors, conceptual errors, inaccuracies, unsupported facts / evidence, non-evidentiary, best judgment or best belief hearsay, personal opinions, disputed, debatable or otherwise. WEBSITE do not give any representations or warranties for, and expressly disclaims, the suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality of such CONTENT or USER CONTENT.

Any CONTENT in form of articles, videos, audios, opinions, polls, surveys, images, infographics, web stories, carousels, or any other form of information, which is contributed by and third-party authors or content creators or contributors on WEBSITE, it shall be the personal views and opinions of such authors or content creators, and the WEBSITE shall not be liable, in whatsoever manner, in respect of such CONTENT. WEBSITE do not make any representations or give any warranties as to the suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, or otherwise of the CONTENT of such third-party authors or content creators or contributors.

WEBSITE shall take due and reasonable care in ensuring that the CONTENT contributed by such third-party authors or content creators or contributors is not inappropriate or not infringement of the intellectual property rights or privacy rights, however, WEBSITE shall not be liable, in whatsoever for any inappropriateness or infringement of intellectual property rights or privacy rights.

USER accepts the CONTENT on “AS-IS WITH ALL FAULTS” basis and agrees not to hold WEBSITE liable for any CONTENT for whatsoever reason.

Links Disclaimer

The WEBSITE may contain the forward links to the third-party websites. WEBSITE do not make any representations or endorsement or give any warranties or guarantees as to the suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, or otherwise of the content of such websites. USER understands, agrees, and accepts that USER will solely be responsible for the consequences of whatsoever nature, including but not limited to any losses of whatsoever value or quantum, by clicking on such links or visiting such websites.

USER may access this WEBSITE through the links from third party websites (usually known as “Backlinks”). WEBSITE do not make any representations or endorsement or give any warranties or guarantees as to the suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, or otherwise of the content of such websites, where the Backlinks directing to the WEBSITE are embedded.

For the purpose of this User Agreement, the term third-party websites shall mean any website or landing page or portal or app or software or user interface other than this WEBSITE, whether or not owned by the owners of the WEBSITE.

Affiliate Disclaimer

WEBSITE may contain the links directing to the third-party websites or display of affiliate codes as a part of affiliate marketing programs which WEBSITE might have signed up for. Such affiliate marketing programs may be in relation to any goods or services, whether physical products or digital products (hereinafter “Affiliate Products”). In case of such affiliate marketing programs, the WEBSITE may get commission from the seller, whether or not out of the price paid by the purchaser.

WEBSITE do not make any representations or endorsement or give any warranties or guarantees as to the price, value, suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, or otherwise of any of such Affiliate Products or the content or claims or representations or warranties or guarantees of such websites or sellers. USER should make necessary enquiries and ensure the price, value, suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, or otherwise of any of such Affiliate Products, as well as the claims, of whatsoever nature, including but without limitation, as to the representations, warranties, and guarantees, made by the sellers of such Affiliate Products.  

WEBSITE expressly disclaims the liability of whatsoever nature in relation to such Affiliate Products and the WEBSITE expressly notifies, cautions, informs and intimates the USER to follow the principle of caveat emptor i.e., buyer beware, before buying or deciding or intending to buy any Affiliate Products from the affiliate links or affiliate codes embedded, displayed, recommended, or otherwise contained on the WEBSITE. 

Advertisement Disclaimer

WEBSITE may contain advertisements of third parties either through the ad-networks or direct advertisements. Such advertisements might be static or dynamic, and with or without links to third-party websites. Such advertisements might be informative or soliciting any goods and / or services, whether physical or digital or donations, charities etc. (hereinafter “Advertised Products”).

WEBSITE do not make any representations or endorsement or give any warranties or guarantees as to the price, value, suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, or otherwise of the Advertised Products, either displayed in the advertisement on the WEBSITE or in the third-party websites, links whereof are embedded in such advertisements. USER understands, agrees, and accepts that USER will solely be responsible for the consequences of whatsoever nature, including but not limited to any losses of whatsoever value or quantum, by buying or deciding to or intending to buy Advertised Products.

WEBSITE expressly disclaims the liability of whatsoever nature in relation to such Advertised Products and the WEBSITE expressly notifies, cautions, informs and intimates the USER to follow the principle of caveat emptor i.e., buyer beware, before buying or deciding or intending to buy any Advertised Products from the advertisers or otherwise.

WEBSITE may contain the CONTENT which might be sponsored for solicitation or recommendation for certain goods and / or services, whether physical or digital, of third parties, or any appeals for donations / charities to the third parties (hereinafter “Sponsored Products”). WEBSITE may also contain the links to the third-party websites giving more information of such Sponsored Products.

WEBSITE do not make any representations or endorsement or give any warranties or guarantees as to the price, value, suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, or otherwise of any of such Sponsored Products or the content or claims or representations or warranties or guarantees of such third-party websites or sellers. USER should make necessary enquiries and ensure the price, value, suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, or otherwise of any of such Sponsored Products, as well as the claims, of whatsoever nature, including but without limitation, as to the representations, warranties, and guarantees, made by the sellers of such Sponsored Products.  

WEBSITE expressly disclaims the liability of whatsoever nature in relation to such Sponsored Products and the WEBSITE expressly notifies, cautions, informs and intimates the USER to follow the principle of caveat emptor i.e., buyer beware, before buying or deciding or intending to buy any Sponsored Products or making donations or charities to any third-party websites or otherwise. In case of the claims made in the CONTENT, the USER expressly agrees that this User Agreement shall prevail over such CONTENT about the Sponsored Products.

Professional Advice Disclaimer

The CONTENT of the WEBSITE is and intended to be only of the informative nature. Certain goods and / or services or properties / assets, whether physical or digital, or certain persons or entities or organizations, whether or not for profit and whether publicly or privately or jointly owned, might be featured in the CONTENT in articles / blog posts or reviews or editorial or comments or publications or images or videos or otherwise of WEBSITE (hereinafter “Featured Subjects”). Any such CONTENT containing Featured Subjects shall not constitute or deemed to constitute any professional advice or recommendation. If, owing to the language or view of the CONTENT, any such Featured Subject is perceived as a recommendation or solicitation, it is hereby expressly clarified that such language or view or perception shall not be deemed to be a recommendation or solicitation and should be construed as merely informative and this User Agreement shall prevail over such CONTENT related to the Featured Subjects.

WEBSITE do not make any representations or endorsement or give any warranties or guarantees as to the price, value, suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, or otherwise of any of such Featured Subjects or the content or claims or representations or warranties or guarantees of such third-party websites or sellers. USER should make necessary enquiries and ensure the price, value, quality, quantity, dimensions, characteristics, suitability, fitness, usability, merchantability, genuineness, timeliness, truth, fairness, materiality, risks, character, or otherwise of any of such Featured Subjects, as well as the claims, of whatsoever nature, including but without limitation, as to the representations, warranties, and guarantees, in relation to such Featured Subjects.

WEBSITE expressly disclaims the liability of whatsoever nature in relation to such Featured Subjects and the WEBSITE expressly notifies, cautions, informs and intimates the USER to follow the principle of caveat emptor i.e., buyer beware, before buying or deciding or intending to buy any Featured Subjects, where it is a goods / services / products or making donations or charities or otherwise dealing, for whatsoever reason and objective, with any Featured Subjects, where it is a person or entity or organization, whether or not for profit, and whether publicly or privately or jointly owned.

WEBSITE is neither authorized to provide, nor claims or intends, directly or indirectly, to provide, any professional advice for any fields such as finance, legal, tax, healthcare / medicine, architecture, engineering, diet, fitness, childcare etc., for which only certain class of certified or trained or licensed professional persons are entitled to practice such profession. WEBSITE strongly recommends that before taking any decision for buying or selling or dealing in the Featured Subjects, where it is goods / services / products / properties, or dealing with Featured Subjects, where it is person or entity or organization, professional advice must be sought, from the concerned practicing professional advisors, in relation to any decision for buying or selling or dealing with the Featured Subjects. 

For clarification, Featured Subjects shall include, without limitation, physical goods, physical services, hybrid (physical and digital mix) goods / services, digital products / digital services, financial products / financial services such as broking, intermediation, advisory, information, analysis, securities, loans, investments, crypto or block chain based assets etc., educational products such as academic programs, trainings, workshops, digital pre-recorded or live courses, webinars, educational advisory, career counseling etc., healthcare products / services such as medicines, alternative medicines, solutions, remedies, treatments, therapies, supplements, fitness guidance / trainings, diet guidance / plans, meditation guidance, pediatrics / childcare advice etc., engineering services, architectural services, and other similar services.

General Disclaimer

CONSUMPTION by the USER shall be at the sole risk of the USER with reference to the CONTENT, programming codes and backend and frontend technology,

WEBSITE hereby disclaims all the representations, warranties, liabilities, indemnities, of whatsoever nature, including but not limited to, correctness, conclusiveness, accuracy (technical, grammatical, mathematical, scientific, engineering, legal, financial, or otherwise), suitability, merchantability, quality, quantity, price, value, etc. for CONTENT, user interface, user experience, server connection etc. USER agrees, admits, and accepts that the access to the WEBSITE and CONSUMPTION of CONTENT shall be at the sole risk of the USER. If USER does not agree to the General Disclaimer or other disclaimer clauses / sub-clauses of this User Agreement, USER should refrain to access the WEBSITE and CONSUMPTION of CONTENT, directly or indirectly.

Clause 9: Indemnities

USER shall indemnify, defend and hold harmless the WEBSITE (including its directors, employees, affiliates, agents, representatives or subcontractors) from any and all claims raised on and the losses, direct or indirect or consequential, incurred by or any third party action or any statutory action, as a result of (a) Unauthorized CONSUMPTION of CONTENT by the USER; or (b) USER CONTENT which is not in compliance clause 7 of this User Agreement; or (c) any non-compliance or contravention of this User Agreement;

Clause 10: Limitation of Liability

In case of any CONTENT or any goods or services for which the WEBSITE has charged the monetary consideration from the USER and the USER has duly paid that monetary consideration, the liability of the WEBSITE shall be limited to such monetary consideration only. Such liability shall arise only in the case where the CONTENT or any goods or services is displayed on the WEBSITE to be for sale for consideration and the USER has officially purchased such CONTENT or goods or services by paying, the requisite amount of consideration, to the WEBSITE. For any unauthorized CONSUMPTION of the CONTENT, which is intended to be a paid CONTENT, shall not make WEBSITE liable in any way.

For purchasing any paid CONTENT or goods or services from the WEBSITE, the USER may be directed to any external payment gateways, for processing the payment of the USER. It is recommended that the USER must read and understand the privacy and data protection policies, terms and conditions of use and disclaimers of such external payment gateways. WEBSITE does not, in any way, make any representations or give any warranties of the services of such external payment gateways and the WEBSITE shall not be liable for any loss incurred by the USER due to any acts or omissions of such external payment gateways.

The paid CONTENT for the purpose of this User Agreement may be such as digital courses, e-books, books, webinars, live courses, etc., sold by and sold on this WEBSITE or through the storefront or payment gateway of this WEBSITE.

Goods or services in this clause shall be construed as those goods or services which are offered for sale by the WEBSITE as a seller.

It is hereby expressly clarified that the Affiliate Products, Advertised Products, Sponsored Products and Featured Subjects shall not be deemed or construed to be the paid CONTENT or shall not be deemed or construed to be offered for sale by the WEBSITE.

Clause 11: Force Majeure

Notwithstanding anything contained in this User Agreement, WEBSITE shall not be liable, in whatsoever manner, directly or indirectly, for any claims raised or losses incurred, whether direct or indirect or consequential, by any purchaser of any paid CONTENT and / or SERVICES or any other goods or services sold by the WEBSITE, in case of force majeure events.

Force Majeure events shall be events, which are not controllable by the WEBSITE. Such events may be one time or recurring or continuing. Force majeure events shall include, but without limitation, the events such as natural calamities or disasters, earthquakes, cyclones, tsunami, etc., pandemics or epidemics, whether at global or national or local level, terrorist attacks, riots, civil disturbances, embargos, government, or statutory orders of shut down of operations, whether general or specific, and such other events.

Further technology-based events and factors which may be uncontrollable by WEBSITE shall also be deemed to be force majeure events. Such technology-based events and factors includes, but not limited to, security breaches at HSP, temporary cessation or down time of hosting services provided by HSP, cessation of the business of HSP, destruction or demolition of the infrastructure of HSP, cessation of hosting services by HSP for any other reasons not attributable to WEBSITE, hacking of local computers of WEBSITE or hacking of WEBSITE at server level.

Clause 12: Governing Law and Jurisdiction

This User Agreement shall be governed exclusively by the laws of India and shall be subject to the exclusive jurisdiction of Courts in Thane City of Maharashtra in India.

Clause 13: Severability

Any clause of this User Agreement declared or deemed to be void or void ab initio or voidable or invalid or illegal shall be deemed to be severed and shall not affect the validity or enforceability of the remainder of clauses of this User Agreement,  which are valid and legal.

Clause 14: Policies

The separate policies such as Privacy policy, Cookies policy and Refund policy are separately hosted on the WEBSITE and USERS must read and understand such policies along with this User Agreement.

Clause 15: Conflicting Terms

Any terms appearing in the other documents such as policies as referred above, which may be conflicting or reasonably interpreted differently than this User Agreement, than the interpretation or meaning of such terms shall as per this User Agreement and shall prevail and override such conflicting terms in such other document, except where it is expressly provided in such other document that the term therein shall be specifically construed as such in that document and override the User Agreement for purpose of that document only. For example, any words defined in the Privacy Policy, Refund Policy, Cookies Policy etc. shall prevail for such policies and override this User Agreement for the purpose of such concerned policy.

Clause 16: Entire Agreement

This User Agreement constitutes the entire agreement between the WEBSITE and the USER and no other agreement, whether written or verbal, for governing access, use and CONSUMPTION of this WEBSITE exists between the WEBSITE and the USER.

Clause 17: Deemed Acceptance

By accessing, visiting and CONSUMPTION of WEBSITE, the USER gives his / her deemed acceptance to this User Agreement and his / her CONSUMPTION shall be subject to and strictly governed by this WEBSITE.