Terms and Conditons
These Terms and Conditions (the “Terms”) constitute an agreement between Global Market Studies (“GMS”), and you. By clicking the “I Accept” button, placing an order for content or services or by creating an account, signing in via a web browser or mobile app or otherwise or accessing and/or using all or a portion of the Content or Services, you acknowledge and agree that you have read and understand the Terms, that the provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable and that your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon you by any person or entity. Written approval is not a prerequisite to the validity or enforce ability of the Terms.
For purpose of the Terms:
- "Services" means the subscription portals and the services made available through access to and use of the one or more of GMS’s web sites, including but not limited to www.globalmarketstudies.com (collectively, the "Site").
- "Content" means the reports, articles and other materials made available through the Services, including but not limited to, all data, charts, graphs, pictures and tables.
If your use of the Services or Content includes the registration by you of individuals in addition to yourself (“Other Registrants”) you hereby represent and warrant that you have the authority to bind such Other Registrants to the Terms. By registering, you further represent and warrant to GMS that all registration information you submit is truthful and accurate, and that you will update such information as and when necessary to keep it accurate and up to date. In addition, you agree that each use of the term “you” in the Terms will include you and each of such Other Registrants and that you shall be responsible for ensuring that each such Other Registrant complies with the Terms. If you are acting on behalf of an entity, you hereby represent and warrant that you have the authority to bind such entity and that you and each of the Other Registrants is an employee of such entity. You agree further that each use of the term “you” in the Terms shall refer to such entity.
The definition of “Terms” shall include any terms describing additional obligations or restrictions accompanying your order of the Content or Services, including, without limitation, any payment obligations, specified Service period and usage restrictions. If you are deemed to have ordered the Content or Services, GMS’s acceptance is expressly conditional on your assent to the Terms to the exclusion of all other terms. Notwithstanding anything to the contrary contained in these Terms, if you have executed a separate written agreement with GMS that governs access to or use of the Content or Services, then the terms of such agreement and not these Terms shall govern and control. If the Terms are considered an offer by you, GMS’s acceptance is expressly limited to the Terms.
The Terms contain warranty disclaimers and other provisions that limit GMS’s liability to you. Please read the Terms carefully and in their entirety. If you do not agree to be bound to each and every term and condition set forth herein, please do not use or access the Services.
By using the Content or Services, you hereby grant GMS permission to send you messages regarding the Content or Services, its features, service alerts, and network activity. GMS reserves the right to modify the Terms from time to time with or without notice, and GMS will post the modified Terms at www.globalmarketstudies.com or other interfaces through which you have ordered the Content or Services. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. With respect to such modified Terms, GMS may, at its sole discretion, require you to execute a “click accept” agreement incorporated into or as a condition of accessing Content or Services after initial delivery. Even without such “click accept” agreement, your continued use of the Content or Services after such modifications will constitute your acknowledgement and agreement of the modified Terms.
If you do not agree to any changes in the Terms as they may occur, your continued right to access and use such Content or Services shall immediately terminate and you agree that you shall discontinue your use of the Content or Services. You agree that GMS is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
Use of Content
GMS may provide certain Content (e.g. Sample Report or Table of Contents) at no cost and certain Content (e.g. full reports) at a cost. You may view free Content online at the Site, download it onto the drive of one hardware device or print one copy of it, and use it for your own reference purposes in connection with your internal business purposes only; provided that you keep intact any and all copyright and proprietary notices. All other rights in the free Content are reserved by GMS.
You may also purchase from the Site Content made available at a cost (the “Purchased Content”), provided that you keep intact all and any copyright and proprietary notices on and within the Purchased Content. With Purchased Content, you may not:
- assign your rights under the Terms;
- offer the Purchased Content for resale or sublicense;
- scan, photocopy, fax, or in any other way reproduce or copy the Purchased Content other than as permitted;
- distribute or disclose the Purchased Content to any third party, whether by electronic mail or over a network or otherwise;
- upload the Purchased Content to any database or server or display or make available the Purchased Content to any third party or unregistered parties;
- except as specifically provided for elsewhere in these Terms, you may not knowingly permit anyone other than any Other Registrant to access or use the Purchased Content or the Services; or
- use Purchased Content that has been updated or revised by GMS in its original form.
Access; Duration; Deletion of Content
You are responsible for obtaining and maintaining all of the hardware, software, Internet access, and other products and services that you may need to use the Services and the Content. You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other login information (collectively, “Passwords”) that are provided to you or that are generated in connection with your use of the Services and the Content. You are fully and solely responsible for all activities that occur using your Passwords.
The Terms shall be effective as of the date you accept them or first access or use the Content or the Services (the “Effective Date”) and shall remain in effect until such acceptance or access is terminated in accordance with these Terms. GMS shall have the right to terminate the Terms at any time with or without cause. The terms herein that contemplate obligations after termination, include but not limited to Indemnification, Disclaimer, Limitation of Liability, Governing Law, Severability and Confidentiality, shall survive termination.
You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Services. You represent and warrant that you will not breach the security of the Software or Services or attempt to gain unauthorized access to or interfere with operation of the Software or Services or with any other person’s use of the Services. You agree not to use the Services in excess of or beyond the maximum number of registered users and/or devices for which you have been registered. For purpose of the Terms, “Software” means (i) the server, platform and application software hosted by or on behalf of GMS underlying and used to deliver the Services and the Content, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing. Upon termination of the Terms, you shall no longer be permitted to use or access the Services or the Content.
GMS Intellectual Property Rights
The Content, the Software, the Services and all processes, analyses and methodologies, know-how, and trade secrets used by GMS in performing the Services and creating the Content and any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by GMS, or by or with the input of another party (the “GMS Intellectual Property”) are protected by India copyright and other intellectual property laws, belong to GMS and may not be used or reproduced by you without the express written permission of GMS. GMS hereby reserves any and all intellectual property rights in the GMS Intellectual Property. You agree that, except as specifically permitted in these Terms, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble or hack the Software or Services, or create derivative works from the GMS Intellectual Property; (b) license, share, resell, sell, provide for service bureau use, or otherwise transfer the GMS Intellectual Property or access to such GMS Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the GMS Intellectual Property; (d) remove or alter any copyright notices or other notices included in the GMS Intellectual Property; (e) access or use the Services to offer, build or support, or assist a third party in offering, building or supporting, products or services competitive with GMS; (f) perform or disclose any benchmark or performance tests of the Services without GMS’s prior written consent; or (g) perform or disclose any of the following security test activities related to the Services or associated infrastructure without GMS’s prior written consent: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing or penetration testing.
Refund
You acknowledge that you have read all the available information about the Purchased Content before placing your order. Due to the confidential nature of the information contained in our market research reports, cancellation of orders cannot be accepted after the Purchased Content has been delivered.
Privacy
Your use of the Services is subject to your acceptance of the terms and conditions set forth in GMS’s Privacy Policy, the terms of which are hereby incorporated herein, and which can be found at
https://globalmarketstudies.com/privacy-policy (the “Privacy Policy”). The terms and conditions set forth in the Privacy Policy may be changed by GMS in its sole discretion and those changes become effective upon posting. It is your responsibility to review the Privacy Policy for revisions thereto.
Disclaimer
You acknowledge and agree that notwithstanding anything to the contrary contained in the Terms or the Content, the Content and Services are for information purposes only and do not constitute managerial, legal or accounting advice, nor do they serve as a corporate policy or guide, laboratory manual or an endorsement of any product, service or process. The information contained in the Content and Services are intended to be as accurate as possible at the time of publication, but GMS assumes no responsibility for any losses or damages that might result because of their use by you or any acts taken or not taken by you based on the Content which you may apply to a specific purpose or otherwise.
Third Party Links, Payments
The Services may, from time to time, contain embedded access and links to third party web services and web sites including but not limited to embedded access to third party payment applications. This access and these links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by GMS of the security, services, information, content and/or data on such third party web services or sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. GMS is not responsible for the content of linked third party web sites or embedded services you access and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on or available through, such third-party services and websites. If you decide to access linked third-party web sites or use embedded third party services, you do so at your own risk. Your use of third-party websites and embedded services is subject to the terms of use for such sites and services, respectively.
Disclaimer of Representations and Warranties; Limitation of Liabilities
The Services and Content are provided on an “as is,” “as-available” basis. GMS makes no representations or warranties of any kind with respect to the Services or Content. GMS assumes no liability or responsibility for any errors or omissions in providing the Services or Content or any losses or damages arising from the use of the Services or Content.
The Content provided through the Services is general and may not be suitable for your particular needs. You should verify critical information before taking action with respect to the Content generated by the Services. GMS expressly disclaims all representations and warranties relating to the services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that any update will continue to be made available, that defects in the Services or Content will be corrected, or that the Services will be compatible or work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. GMS disclaims all liability for damages caused by any such interruption or errors in functioning.
Furthermore, GMS disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Services due to inappropriate equipment, disturbances related to internet service providers, cellular service providers, cellular network operators, to the saturation of the internet network and for any other reason. You acknowledge that the Services rely upon data communication mediums which are not controlled by GMS and which may be vulnerable to data or security breaches, including, without limitation, networks used by your carriers and the databases and servers controlled by your internet providers. GMS shall not be liable for any such breaches. You acknowledge that the Services are not intended or suitable for use in situations or environments where the failure or time delay of, or errors or inaccuracies in, the Content or information provided by the Services could lead to death, personal injury, or severe physical, financial or environmental damage.
Without limiting the generality of the foregoing, GMS makes no representations or warranties with respect to any Content offered or provided within or through the Software or Services. Under no circumstances, as a result of your use of the Services, will GMS or any other contributor or other user be liable to you or to any other person for any direct, indirect or speculative damages (including, without limiting the foregoing, consequential, incidental, and special damages) including, but not limited to, loss of use, business interruptions, and loss of profits, regardless of whether these parties had advance notice of the possibility of any such damages. GMS and its affiliates’ and contributors and their respective officers’, directors’, shareholders’, employees’, and agents’ total liability (in the aggregate) to you for any claim arising out of or relating to your use or inability to use the Services or Content and the Terms, whether in contract or in tort, shall not exceed one hundred dollars (US$100). Each provision of the terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of the terms. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy under the terms. No oral or written information or advice given by GMS or an approved representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply. The following applies to end users who live within Australia, the UK and the EU:
GMS uses reasonable care and skill to ensure the accuracy of the content provided through the Services. Information contained on the site may not be fully accurate and is provided “as is”.
Release
In the event that you have a dispute with one or more other users of the Services you agree that the dispute is between you and such other user and you hereby release GMS (and its officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute(s).
Indemnification
You agree to indemnify and hold GMS and its officers, directors, employees and agents harmless from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees and expert fees) due to, arising out of or relating in any way to (1) any Content, (2) any violation by you of the Terms or any applicable rule, regulation or law, and (3) your access or use of the Services and/or the Content.
Force Majeure
GMS will not be responsible for a breach of the Terms caused by any failure or delay of performance if caused by: an act of war, hostility, or sabotage; an act of God; a pandemic; an electrical, internet, cellular network or telecommunication outage that is not caused by GMS; government restrictions (including the denial or cancelation of any export, import or other license); or another event outside the reasonable control of GMS.
Invalidity
If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
Governing Law and Jurisdiction
For the purposes of the Terms: (a) the term “Dispute” will mean any dispute, controversy, or claim arising out of or relating to: (i) the Terms, its interpretation, or the breach, termination, applicability or validity of the Terms; or (ii) any other dispute arising out of or relating to the relationship between GMS and you. ; (b) the term “GMS Group” will mean GMS, its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, beneficiaries, assignees, successors in interest, and any third party which provides products or services purchased from or distributed by GMS; and (c) the term “User Group” will mean you and those in privity with you, such as your affiliates, employees, partners, contractors, agents, family members and beneficiaries.
These Terms shall be governed and interpreted by and construed in accordance with the substantive Laws of India and subject to arbitration provisions below, each Party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the terms, interpretation, duties, performance, breach, etc. of these Terms.
Should any Dispute, controversy or difference arise out of or in connection with these Terms, the parties hereto shall first endeavor to settle such Dispute by amicable consultations. If the Dispute is not resolved through amicable consultations within fifteen (15) days after commencement of discussions or such longer period as the parties mutually agree in writing, then either party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force.
The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. If the parties are unable to agree on a sole arbitrator within fifteen (15) days of a written request by either party for referral of the Dispute to arbitration, then in that event, the arbitration shall be conducted by an arbitral tribunal comprising three (3) arbitrators, of which the GMS and you shall each appoint one arbitrator and a third arbitrator shall be appointed by the two party-appointed arbitrators. The seat of arbitration shall be at in the state of Maharashtra, India, and the language of the proceedings shall be English.
The Award rendered in any arbitration commended hereunder shall be final and conclusive and judgment thereon may be entered in any court having jurisdiction for its enforcement. The parties undertake to implement the arbitration award. In addition, the parties agree that no party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Agreement.
Notices
Any notice required or permitted to be given in accordance with the Terms shall be in writing. Notices to GMS shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to: Global Market Studies, 304 S. Jones Blvd #1494, Las Vegas, NV 89107. For contractual purposes, you consent to receive communications from GMS electronically. Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account. All notices will be deemed given: (i) when delivered personally; (ii) 24 hours after electronic mail is sent, unless GMS is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail (or ten (10) days for international mail); or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery (or two (2) days for international courier packages specifying 2-day delivery). Either party may change its address for receipt of notice by notice to the other party in accordance with this Section.
General
GMS’s failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. GMS is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. The Terms contain the entire agreement between you and GMS and supersedes all prior agreements between the parties regarding the subject matter contained herein, except as otherwise specifically noted herein. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Content, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or Content. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. GMS may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you.