Privacy Statement
 

PositiveClimateCare.com's privacy policies are detailed in our Privacy Statement. By consenting to these terms and conditions you are agreeing to be bound by the provisions in to PositiveClimateCare.com's Privacy Statement.

Information Provided by Users & Authority

You accept responsibility for all Information submitted through your access to the Site, using the User Codes or otherwise. In the event that Information is submitted through to the Site erroneously, or any User later determines that Information should not have been submitted, for any reason, the User accepts full financial responsibility for such entry. Further, by logging on to our Site on behalf of an entity or corporation, you are agreeing that you have the right and authority to bind that entity or corporation to the obligations and responsibilities incurred by utilizing this Site.

User Code Protection

The User Codes are for the personal use of the User's authorized personnel only and such authorized personnel are not permitted to provide the User Codes to or permit the User Codes' use by any other party. The User shall be solely responsible for the safeguarding, security and confidentiality of the User Codes and shall be responsible for all use, activities and transactions associated with or arising from User's use of the Site. The User agrees to notify PositiveClimateCare.com immediately in the event of loss or theft of part or all of the User Codes, or if the User believes the confidentiality of part or all of the User Codes has been compromised in any way, or in the event that the User learns about a possible or actual unauthorized use of the Site. The User shall implement and enforce procedures sufficient to ensure that all transactions related to the User's use of the Site comply in all respects with the laws, rules and regulations to which User and its transactions are subject. If you or any authorized person loses any or all of these identification devices or handles them in a manner that permits any third party to discover them, you are solely responsible for any transactions or other actions that occur using them until you notify us of that loss or discovery and we have had a reasonable opportunity to act on your notice. If any third-party gains access to our online services through your User Codes, you will cooperate in defending and indemnifying us against any liability, costs or damages arising out of claims or suits by such third parties based on or relating to such access or use. The User shall implement and enforce procedures governing authorized access, validation of transaction size and verification of the accuracy of Information submitted to the Site.

Users Responsibility for Monitoring

If you enter or input a request, order, trade or information through our online services, it is your responsibility to review the confirmations, reports or responses on first receipt, to ensure that your Information has been properly entered and transmitted. You understand and agree that, as a condition of using our online services, you will immediately notify PositiveClimateCare.com if:

  • you receive acknowledgment of a transaction that you did not enter into or any similar conflicting or inaccurate confirmation, report or response; or
  • you become aware of any unauthorized use of your User Codes or any similar identification device.

If you fail to notify us when any of the above conditions occur, neither PositiveClimateCare.com, its Affiliates, nor any of their respective directors, officers, employees or agents can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any request, order, trade or information.

No Guarantee of Uninterrupted Service

We cannot guarantee the privacy or transmission speed of any request, order or trade. We cannot guarantee that our online services will be operated without interruption or error free or that we will actually receive information you transmit to us. Therefore, you agree that your use of our services is as is and at your own risk, and that you will not hold us responsible for any information, communication, request, order or trade that is delayed or lost while in transit to us or whose security is compromised.

If you experience difficulties placing a request, order, trade or sending information, you should promptly Contact Us.

Electronic Communication Delivery

We may deliver communications to you electronically. You acknowledge that, by receiving communications electronically, you may incur online charges depending on how you arrange for online services.

You agree to notify PositiveClimateCare.com immediately by e-mail of any change in your e-mail address and we shall require that you provide certain information prior to changing your e-mail address. Communications sent by us to your e-mail address will, until we have received written notice of a different e-mail address delivered to us, be deemed to have been personally delivered to you whether actually received by you or not. You also authorize us to deliver to you any communication by sending you a notice by e-mail or otherwise that directs you to an address on our Site where the communication is posted and from where it can be read and printed. You agree that our sending such a notice will constitute good and effective delivery to you of the communication regardless of whether you follow the directions in the notice and actually access the communication from our Site.

Users should note that checking boxes, or clicking buttons, that state I Accept, I Agree or other similar phrases on our Site will be a legally binding obligation to these terms and conditions, any other provisions in which you give your assent in the above manner.

Monitoring E-Mail

For your and our protection and to correct misunderstandings, you understand and agree that we may monitor and retain e-mail communications conducted with us. Personally identifiable information, including the contents of and addresses of e-mail, may be shared with our Affiliates and third parties, such as Marketing Partners. A User may be able to opt-out of having such information shared with third parties, except such information may be disclosed by PositiveClimateCare.com in order to be in compliance with all appropriate and applicable regulations and laws for the conduct of the business of PositiveClimateCare.com and in response to a request or demand for such information made by any governmental entity, including law enforcement agencies of such governmental entity.

No Legal, Taxation or Accounting Advice

You acknowledge that we do not provide, through our Site or otherwise, any legal, taxation or accounting advice. You assume full responsibility with respect to legal, taxation and accounting matters relating to your use of the Site

Not a Recommendation or Solicitation

We may make information available to you through our Site about various transactions, investment strategies or services, including our own reports and commentaries and materials prepared by others. You should not view the fact that we make this information available as our recommendation to you of any particular transaction, investment strategy, service or service provider. This information is not personalized and is in no way tailored to reflect your own financial circumstances or investment objectives, and the transactions or investment strategies discussed might not be suitable for you. You acknowledge that you are not relying upon any representations or opinions of PositiveClimateCare.com to influence your decision to execute any transaction, whether through the Site or otherwise. We are not acting as a fiduciary or a financial, investment or trading or other advisor for you and we have no obligation to determine that any transaction or service is suitable for you.PositiveClimateCare.com makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any item or Information posted on the Site. PositiveClimateCare.com does not control the quality, safety, truth or accuracy of the listings or Information and makes no representation thereof. PositiveClimateCare.com shall assume no obligation or responsibility for investigating the background or confirming the identity of Users. PositiveClimateCare.com shall have no obligation to review the Site's content and Information, or to remove any such Information. PositiveClimateCare.com reserves the right, in its sole discretion, to monitor, review, remove, edit, or delete or refuse to post, any Information that PositiveClimateCare.com deems objectionable or in violation of any term of these terms and conditions. PositiveClimateCare.com does not make any representation or warranty regarding the accuracy of any Information provided by a User and PositiveClimateCare.com makes no guarantee that a User actually will complete any transaction.

Not Responsible for News & Information

You agree that the Information we provide you (directly or indirectly through a third-party information provider) are for your personal use only and you will not retransmit or republish this Information in any form. You acknowledge that the Information is obtained from sources we believe reliable, is provided solely on an "as available" basis for your convenience, and that no guarantees are made by us or by any information provider as to the Information's accuracy, completeness or timeliness. You shall not hold PositiveClimateCare.com liable in any way for any inaccuracy, error or delay in, or comission of, any Information or message or non-performance or interruption in such Information or message, due either to any negligent act or omission by PositiveClimateCare.com, to any "force majeure" or to any other cause beyond our reasonable control. While PositiveClimateCare.com uses reasonable efforts to obtain Information from reliable sources, we make no representations or warranties as to the accuracy, reliability or completeness of any Information on this Site. Information, opinions and any other contents of this Site are subject to change without notice.

Hyperlinks

This Site may provide links to certain web sites sponsored and maintained by third parties. Such web sites are publicly available and PositiveClimateCare.com is providing access to such web sites through this Site solely as a convenience to you. The content of other web sites, services, goods or advertisements that may be linked to this Site is not maintained or controlled by PositiveClimateCare.com, and PositiveClimateCare.com makes no representations or warranties concerning the content of such web sites and the fact that access to such web sites is provided does not constitute any endorsement, authorization or sponsorship of such web sites or their sponsors by PositiveClimateCare.com nor is there any affiliation between PositiveClimateCare.com and such sponsors and such sponsors do not endorse, authorize or sponsor this Site. Moreover, PositiveClimateCare.com is in no way responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, the web site and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the web site, or guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the Site. You understand and agree that you will use or rely on such web sites solely at your own risk and that PositiveClimateCare.com does not grant to you any rights in respect of such web sites.

Screaming Media Content

When you use the Site, access to certain news and information provided by Screaming Media, Inc. ("Screaming Media" and the "Screaming Media Information") might be made available to you. The Screaming Media Information is the sole and exclusive property of Screaming Media or its licensor. By accessing the Screaming Media Information, you agree to be bound by the following terms and conditions:

  • Neither Screaming Media or any of its licensors or affiliates guarantees the timeliness, sequence, accuracy or completeness of the Screaming Media Information;
  • THE SCREAMING MEDIA INFORMATION IS PROVIDED "AS IS". NEITHER SCREAMING MEDIA OR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM INACCURACIES, ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR NON-PERFORMANCE DUE TO ANY NEGLIGENT ACT OR OMISSION OF SCREAMING MEDIA OR ANY OF ITS LICENSORS OR AFFILIATES;
  • Neither Screaming Media or any of its licensors or affiliates may be held liable for any discontinuance in the provision of the Screaming Media Information or for any change in the manner of distribution for any reason;
  • The Screaming Media Information is made available solely for your personal use and you are prohibited from furnishing such information to any other person or entity;
  • At any time, Screaming Media or its distributor may terminate your access to the Screaming Media Information; and
  • Screaming Media is a third-party beneficiary under these terms and conditions and is entitled to enforce the terms of these terms and conditions by legal proceeding or otherwise against you or any person or entity that gains access to the Screaming Media Information other than as these terms and conditions contemplate. You shall pay the reasonable attorney's fees that Screaming Media may incur in so enforcing the terms of these terms and conditions.

SCREAMING MEDIA AND ITS AFFILIATES, ITS SOURCES (OR OTHER DISTRIBUTION AGENT) AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES (THE "SCREAMING MEDIA PARTIES") SHALL NOT BE LIABLE TO POSITIVECLIMATECARE.COM OR ITS VENDORS OR USERS, OR REGISTERED MEMBERS FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (i) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF SCREAMING MEDIA INFORMATION OR ANY OTHER INFORMATION (HEREINAFTER REFERRED TO AS THE "DATA") SUPPLIED TO POSITIVECLIMATECARE.COM, ITS VENDORS, USERS, OR REGISTERED MEMBERS OR (ii) ANY DECISION MADE OR ACTION TAKEN BY POSITIVECLIMATECARE.COM OR ANY OF ITS VENDORS, USERS, OR REGISTERED MEMBERS IN RELIANCE UPON THE DATA. THE SCREAMING MEDIA PARTIES SHALL NOT BE LIABLE TO POSITIVECLIMATECARE.COM OR ITS VENDORS, USERS, OR REGISTERED MEMBERS FOR LOSS OF BUSINESS REVENUES, LOST PROFITS OR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE SCREAMING MEDIA PARTIES ARISING OUT OF ANY LEGAL CLAIM IN ANY WAY CONNECTED TO THE DATA EXCEED THE FEES PAID BY POSITIVECLIMATECARE.COM HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO SUCH CLAIM.

POSITIVECLIMATECARE.COM EXPRESSLY ACKNOWLEDGES THAT THE SCREAMING MEDIA PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO POSITIVECLIMATECARE.COM OR ITS VENDORS OR USERS OR REGISTERED MEMBERS WITH RESPECT TO THE DATA, INCLUDING, WITHOUT LIMITATION: (i) ANY WARRANTIES WITH RESPECT TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA OR (ii) ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY POSITIVECLIMATECARE.COM, ANY OF ITS OR VENDORS, OR USERS, OR REGISTERED MEMBERS ANY OTHER PERSON OR ENTITY IN CONNECTOIN WITH THE USE OF THE DATA.

Amendments

PositiveClimateCare.com can amend these terms and conditions relating to your use of our online services and the Site. Your conduct of any business through our Site after such amendments will constitute your agreement to the amendments. Notice of amendments can be e-mailed to you at your request. If you require such notification, please go to Contact Us , and select "Notification of Amendments" as the title of your e-mail. Absent such action, PositiveClimateCare.com is under no obligation to use e-mail to notify Users of amendments.

Trade Requests

You understand the terms, conditions and risks (economic and otherwise) of your submitting a request, order, trade, information (including a Trade Request) and you are capable of assuming and willing to assume (financially and otherwise)those risks.You acknowledge that you are submitting a Trade Request as principal, and not as agent, fiduciary or any other capacity .

Indemnity

You agree to indemnify, hold harmless, and defend at you own cost PositiveClimateCare.com and its officers, directors, employees, agents, successors, and assigns from and against any liability, claim, loss or damage (including attorney's fees and other expenses) arising out of, or in connection with, any inaccuracy of a representation or breach of a warranty or covenant made by you herein.

Severability

Should any provision of these terms and conditions be held by a court of law to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions of these terms and conditions shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions, unless waived in writing, shall not constitute a waiver of that party's right to enforce each and every term and condition herein. Any prior agreements between you and PositiveClimateCare.com shall remain in full force and effect. In the event that there are conflicts between such prior agreements and these terms and conditions, these terms and conditions shall control.

Disputes & Notice

These terms and conditions shall be governed by, and construed in accordance with, the laws of India applicable to contracts made and to be fully performed in India without reference to principles of conflict of laws. Each party hereto submits to the jurisdiction of the Supreme Court of the State of India and the Indian District Court for the Rajasthan for the enforcement of these terms and conditions and agrees to service of process by mail.

Notices for service of process for PositiveClimateCare.com should be sent to
Legal Advisor,
M/s. Positive Climate Care Private Limited
Rajasthan, India

No Representations

The Site is designed for sophisticated individuals and institutions. Notwithstanding the foregoing, PositiveClimateCare.com makes no representation or warranty with respect to the authentication, eligibility or qualification of any User (including Registered Members) or Marketing Partner. Determination of the eligibility, qualification or creditworthiness of any User (including Registered Members), or Marketing Partner is the responsibility of the Users entering into any request, order, trade or transaction

I hereby acknowledge that I have carefully read and reviewed all of the terms and conditions above and I and any person authorized to act on behalf of the User hereby understand and consent to all of these terms and conditions .