Terms & Conditions
THESE TERMS, INCLUDING THIS INTRODUCTORY SECTION, CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND THE CMS. BY USING THE CMS PRODUCTS / SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION OF THE CMS PRODUCTS / SERVICES.
For the purposes of this agreement, "you" means a parent / guardian or any other entity / person / child acting for on your behalf who pays for access to the CMS Products / Services as well as the student, or other User (as defined below) who accesses or uses the CMS Products / Services. If you are a parent, guardian, or other person who enables a minor person/entity/child to access the CMS Products / Services, you agree and undertake to take responsibility of such person for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. If you are using or opening an account to use the CMS Products / Services on behalf of a CMS, entity or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
1. CMS is powered by BSE Institute Ltd, a 100% subsidiary of BSE Ltd. – The World’s Fastest Stock Exchange.
CMS was created with the vision of enabling organizations and individuals to leverage their skills and streamline hiring practices. CMS enables you to certify your latent and existing skills.
The assessments are conducted online, enabling you to conduct your exam on the go, whenever and wherever you wish.
2. Whatever you want to get certified in, CMS is sure to have the right assessment for you. CMS provides one of the most extensive varieties of assessments to choose from and offer multiple levels of certification. CMS will provide you with a certificate respected everywhere- and an inspiring, challenging, yet highly rewarding, experience you won’t find elsewhere.
3. You understand and agree that these Terms are entered into in consideration of your use of the CMS Products / Services and other goods and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
4. Changes to these Terms. CMS reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the website. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the CMS Products / Services after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the CMS that arose prior to the date of such revision.
5. Evolving Nature of Services. The CMS Products / Services are new and subject to change at any time. We are continually looking to improve the CMS Products / Services but if you are at any time dissatisfied with the CMS Products / Services, then your sole remedy is to discontinue use of the CMS Products / Services. However, we do want to hear from our Users, so do not hesitate to contact us via email@example.com to give your valuable feedback.
6. Electronic Notices. By using the CMS Products / Services or communicating with us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the CMS Products / Services. If we identify / learn of a security / privacy breach, we may attempt to notify you electronically by posting a notice on the website or sending an email to you.
4. Connectivity Costs and Equipment
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Company Products / Services, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
5. General Disclaimer
We are not responsible or liable for any interactions involved between the Instructors / faculties and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors / faculties or Users, including, but not limited to, any User's reliance upon any information provided by an Instructor / faculties.
The CMS Products /Services are controlled and operated by CMS from its offices located in various cities of India or from such other locations. CMS makes no representation that materials made available through CMS Products / Services are appropriate or available for use in other locations. Those who choose to access or use the CMS Products / Services from other locations, including from outside India, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to or use of the CMS Products / Services from jurisdictions where the contents or practices of the CMS Products / Services are illegal, unauthorized or penalized is strictly prohibited.
You may only access the CMS Products / Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the CMS Products / Services. You agree not to use the CMS Products / Services or the CMS Content (as defined below) to recruit, solicit, or contact in any form Instructors/ faculties or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors / faculties or other Users of CMS Products / Services. You should be careful before meeting any Instructor / faculties or other User in person and should only do so in public. Remember to always be safe.
7. Specific Obligations of Users using the website
As a User, you agree and take full responsibility that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the website or registering for an assessment;
- If you are under the age of 18, you have obtained parental or legal guardian consent before using the website, or registering for an assessment.
8. Registration and Identity Protection
To use and/or avail certain CMS Products / Services, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will, help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, the "Account") and for all activities and liabilities associated with or occurring under your Account. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each assessment. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account. However, you agree that you will be liable for any losses incurred by us or another party due to any use of your Account, excluding only uses following your notification to us of unauthorized access to your Account.
You may not transfer your Account to any other person and you may not use anyone else's Account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for
(i) the online conduct of such User;
(ii) controlling the User's access to and use of the Services; and
(iii) the consequences of any misuse.
Could we address issues related to parallel access – one user id accessing in parallel from two sources – in this case the account is suspended / terminated.
9. Accuracy of Account Information
In consideration of your use of CMS Products / Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by CMS's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the CMS Products / Services, without making any refunds for payments that you may have already done for availing the Products / Services.
You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the CMS Products / Services (collectively, the "CMS Content") are the proprietary property of CMS and its affiliated and/or third party providers and suppliers (the "Third Parties") and are protected, without limitation, pursuant to Indian copyright and other Intellectual property laws applicable from time to time. You hereby represent and warrant to the CMS that you will not claim or will not have a claim on any CMS Content.
11. Other Prohibited Uses
In using the CMS Products, you further agree not to:
- Create a false identify or impersonate another person or entity in any way;
- Restrict, discourage or inhibit any person from using the CMS Products / Services, disclose personal information about a third person on or through CMS Products or obtained from CMS Products / Services without the consent of such person or collect information about Users of the CMS Products / Services;
- Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the CMS Products / Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the CMS Products / Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by CMS;
- Gain unauthorized access to the Products /Services, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
- Reproduce, distribute, publicly display, publicly perform, communicate to the public, sell, trade, resell or exploit any portion of the CMS Products, use of the CMS Products, access to the CMS Products or content obtained through the CMS Products, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without CMS's express written consent:
- framing, embedding and/or passing off Submitted Content obtained from the CMS Products / Services in such a manner as to present them as originating from a source other than the CMS Products / Services;
- copying, caching or reformatting any Content for commercial purposes in any manner whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the CMS Products / Services to alternative delivery formats;
- altering, defacing, mutilating or otherwise bypassing any approved software through which the CMS Products / Services are made available; and
- using any trademarks, service marks, design marks, logos, photographs or other content belonging to the CMS or obtained from the CMS Products / Services.
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the CMS Products / Services or communications equipment and computers connected to the CMS Products / Services;
- Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the CMS Products, features that prevent or restrict the use or copying of any part of the CMS Products / Services or any content accessible on or through CMS Products / Services, or features that enforce limitations on the use of the CMS Products or any content accessible on or through CMS Products / Services;
- Use any scraper, spider, robot or other automated means of any kind to access the CMS Products / Services, except and solely to the extent permitted by these Terms and the features of the CMS Products / Services, deep-link to any feature or content on the website, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website or Services;
- Interfere with or disrupt the CMS Products / Services, networks or servers connected to the CMS Products / Services or violate the regulations, policies or procedures of such networks or servers;
- Violate any applicable laws or regulations or these Terms; or Assist or permit any persons in engaging in any of the activities described above.
12. Permitted Use of CMS Content and CMS Products/ Services; Reservation of Rights
You may download and print a reasonable number of copies of documentation provided or available in connection with the CMS Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other CMS Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (a) any permitted copies of documentation provided or available in connection with the CMS Content contain, in an unmodified form, (i) all language designations contained in the materials originally provided to you by us and (ii) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (b) you will not modify any of the CMS Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the CMS Content and the CMS Products / Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the CMS Content or otherwise, including, without limitation, by accessing or using the CMS Products / Services or the CMS Content. These rights granted to you are revocable by us in accordance with these Terms and shall expire upon the termination of these Terms.
There are no implied licenses granted in these Terms.
Users hereby agree to all terms and conditions set forth:
- Users shall not use any fake / proxy / nick name, email IDs nor create a false identity or impersonate another person or entity in any way or manner. Strict disciplinary action shall be taken, if someone is found doing so.
- Use of multiple logins is strictly prohibited. It is the users responsibility to ensure that at all times, they login only from one device, with their own name and number, as indicated above. Failure to do so at any time, shall debar the user from the assessment sessions and the CMS reserves rights to take suitable punitive action against such user and participant.
- Transferring login and other credentials to any other person either directly or indirectly, is strictly prohibited. If done, strict disciplinary action will be taken.
- Users must keep their video on for the entire duration of the assessment session. Attendance will be measured on the basis of the same. Non-adherence to this shall give the host, full rights to remove users from the assessment session.
- Users are eligible to attend the programs only by paying the fully prescribed assessment fees. Attending sessions without paying the full fees or partial payment of fees, unless it is approved in writing by the CMS, will be considered illegal and the CMS reserves its right to take necessary action such as debarring the user, forfeiture of fees, in such cases to protect itself inter alia from any form of copyright, content or other intellectual property right infringement, including but not limited to the above.
- Recordings: No recordings, screenshots, screen capture, screen record in any form and manner is allowed and anyone doing so, shall be liable to copyright infringement and strict suitable punitive action. Users shall strictly refrain from allowing any other person or third party to record or do any of the above acts and shall ensure to report such instances, in writing.
- Users shall not undertake, cause, permit or authorize the modification, alteration, creation of derivative works, translation, reverse engineering, decompiling, disassembling, cracking or hacking of any aspect of the virtual assessment session or any part thereof, or attempt to do any of the aforesaid.
- No user shall reproduce, broadcast, distribute, download, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use or make available and exploit any content or other content obtained from the CMS, without the CMS’s express written permission.
Joining the website, browsing for assessments, on the website is free. CMS may change its fee policies at any time in its sole discretion, including charging for access to the website. Unless otherwise stated, all fees are quoted in Indian Rupees and US Dollars. The products and Services offered through this website will be charged in Rupees to the Citizens of India and those using the website from the territory of India, however the products / services offered to Citizens other than Indian and accessing the website from places outside the territory of India will be charged in US Dollars and the same will be converted into rupee as per the Reserve Bank of India Exchange conversion rate for the day when the transaction is done. You are responsible for paying all fees and applicable taxes associated with the website in a timely manner with a valid payment method that is accepted by the CMS in its sole discretion. Once the payment transaction is done and the payment has been received at our end we will send you the link of the Program, if required on your registered email id. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms at our discretion. This may include charging other payment methods on file with us and/or authorized representative and/or legal counsel. We may also block your access to any CMS Products / Services pending resolution of any amounts due by you to the CMS.
The pricing for each and every product / Services available on the website may differ from time to time and is subject to change. The CMS has the sole discretion right to revise the prices of the products / Services made available through our website.
In case of any cancellation of scheduled assessments due to any technical / non-technical reasons then in that case the assessment will be arranged in a reasonable period of time as decided by the CMS. The assessment shall be allowed only by making an application to firstname.lastname@example.org, stating the reasons for not attending the assessment. CMS reserves the right to withhold any result for any reason and may void any test that is conducted. In such cases no refund will be made for the fees that you may have paid for availing the Products / Services. Please note that if we believe that you are abusing our policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the CMS Products / Services, without making any refunds to you for the fees that you may have paid for the assessments. All sales of Assessments through Checkmyskills.in websites are final.
16. Links to third-party websites
Links on the CMS website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the CMS websites. CMS is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, CMS does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the CMS Network, you do this entirely at your own risk.
Linking to this Website
You may create links to this Website from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent CMSs written authorization otherwise, a website that links to this Website:
- may link to, but shall not replicate, any Materials (including any CMS logo);
- shall not create a browser or border environment around any Materials;
- shall not imply that CMS endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with CMS;
- shall not present false or misleading information about CMS, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and shall contain only content that is appropriate for all age groups.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Website or in any CMS Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to Indian Trademark and Intellectual Property Laws. Nothing on the CMS Products / Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the CMS Products / Services or in connection with the CMS Products/ Services or CMS Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce our Intellectual Property Rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide website unless approved by us in advance in writing.
18. Disclaimer; Warranty Disclaimer
You understand that when using the CMS Products / Services, participating in or obtaining information from an assessment, or accessing CMS content, you may be exposed to products, photographs, music, artwork, messages, instructional information, and other materials from a variety of sources, and that CMS is not responsible for the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such products, content or materials. you further understand and acknowledge that you may be exposed to products, content or materials that are inaccurate, harmful, dangerous, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CMS with respect thereto.
the CMS products / services, CMS content, third party content, assessment designs, and any portions of any of the foregoing, made available on or through or in relation to the website or the services, are provided on an "as is," "as available," "with all faults" basis without representations or warranties of any kind, either express or implied, including, but not limited to, in terms of correctness, safety, accuracy, reliability or otherwise. to the fullest extent permissible pursuant to applicable law, CMS and its affiliates, partners, licensors, and suppliers hereby disclaim all express, implied, and statutory warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. no advice or information, whether oral or written, obtained by you from CMS, an employee or representative of CMS, an instructor / faculty, or through the services will create any warranty not expressly stated in these terms. CMS and its affiliates, partners, licensors, and suppliers do not warrant that the services or any part thereof, or any products or content offered through the services, will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. you understand and agree that you use, access, download, or otherwise obtain information, materials, assessments, or data through the CMS products, any associated websites or applications, and any third party websites at your own discretion and risk and that you will be solely responsible for any damage or destruction to your property (including your computer system used in connection with the CMS products / services), injury to yourself or others, or loss of data that results from the download, use, or reliance upon such information, material, assessments, or data.
19. Limitation of Liability
Under no circumstances, including, but not limited to, willful negligence, shall CMS, or any of its officers, directors, employees, agents, successors or assigns, or any other contractors or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out or relating to the use, or the inability to use, the CMS content, the CMS products / services, assessments, or any portion thereof, even if we or an authorized representative of CMS has been advised of the possibility of such damages. if your use of the CMS Products / Services, CMS content, services, assessments, or any portion thereof results in the need for servicing, repair or correction of any equipment or data or medical attention to you or others, you assume any and all costs thereof. In no event shall CMS or its licensors or instructors or faculties be liable in the aggregate for any damages incurred by you that exceed the amount of fees the CMS has received as a result of your use of CMS Products / Services to the action giving rise to the liability.
Neither we, nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the CMS content, the CMS products / services, the assessments, or any portion thereof or in any reports of verification services. you agree not to hold us (or our agents, employees or instructors / faculties) liable for any instruction, advice or services delivered that originated through the CMS products / services, through any verification service or in connection with the CMS content, or any portion thereof. we are not responsible for disputes, claims, losses, injuries, or damages of any kind that might arise out of or relate to conduct of instructors or users.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of or otherwise transmit to us or through the Website or Services, your use of the CMS Products / Services, the CMS Content or any portion thereof, your connection to the Website or Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
21. Modification of Services
We may add, change or eliminate features, pricing, nomenclature and other aspects of the CMS Products / Services and make other changes at any time and these Terms will continue to apply to the CMS Products / Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CMS Products / Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of all or any portion of the CMS Products / Services.
22. Dispute Resolution
- You hereby agree that at all times; you will act in good faith, and make all attempts to resolve all differences howsoever arising out of or in connection with this by discussion failing which, by arbitration.
- You shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement, to arbitration by sole arbitrator mutually appointed by the Parties. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996.
- The place of arbitration shall be Mumbai. The language to be used in the arbitration proceedings shall be English.
- The arbitration proceedings shall be final and binding on the Parties.
- No Class Actions: you and CMS agree that you and CMS may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. further, you agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this mandatory arbitration section shall be null and void.
- Equitable Relief: The foregoing provisions of this Dispute Resolution section do not apply to any claim in which CMS seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by CMS or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against CMS, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
- Claims: You and CMS agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Services, excluding a claim for indemnification, must commence within three months after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Improperly Filed Claims: All claims you bring against CMS must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, CMS may recover attorneys' fees and costs that it may incur, provided that CMS has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
23. Governing Law and Jurisdiction
These Terms and your use of the Service shall be governed by the substantive and procedural laws of India without reference to its choice or conflicts of law principles. All disputes arising between you and CMS under these Terms shall be subject to the exclusive jurisdiction of the Courts of Mumbai and you and CMS hereby submit to the personal jurisdiction and venue of these courts.
24. Termination of Services; Termination of Agreement
We may terminate your use of the CMS Products / Services immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Website from time to time. Furthermore, we may terminate your rights to use the CMS Products / Services for any reason or no reason.
In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which, by their nature, apply after termination, and the miscellaneous provisions below. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to and use of the CMS Products / Services. Upon the termination you will immediately destroy any downloaded or printed CMS Content.
You are free to terminate your use of the CMS Products / Services at any time. You can simply choose to stop visiting or using any aspect of the CMS Products / Services. If you wish to terminate your account on the Website or with the Services, you may do so by contacting us via email@example.com or using any other account termination functionality that may be offered through the CMS Products / Services.
25. Force Majeure
You agree that the CMS shall not be liable for any failure or delay in the performance of its obligations to the extent such failure or delay or both is caused, directly or indirectly, without fault by the CMS, by any reason beyond its reasonable control, including but not limited to, by fire, flood, explosion, earthquake, elements of nature, natural calamity, drought or bad weather, lightning or acts of God, acts of state, strikes, acts of war (whether declared or not), hostilities, terrorism, riots, civil disorders or commotion, lockouts, industrial disputes, rebellions or revolutions, blockages; quarantines, embargoes, epidemics, pandemics and other similar governmental action beyond the control of parties (each a "Force Majeure Event"). However, the CMS shall take all necessary steps to mitigate the delay so caused in spite of such Force Majeure Event.
- Entire Agreement: These Terms and any policies applicable to you posted on the Website constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.
- Severability: If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
- Waiver: A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of CMS to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice: Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
- No Agency: Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the CMS nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
- Headings: The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Disclosures: The CMS Products / Services are offered by CMS operated by BIL, located at 19th Floor, P. J. Towers, Dalal Street, Mumbai - 400001. You may contact us by sending correspondence to the foregoing address or by e-mailing us at firstname.lastname@example.org.