Terms And Conditions Of Service

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1. License Terms & Conditions
The license terms and conditions stated herein (the "License Terms" hereafter) grant non-exclusive rights to AUTHORIZED USERS for using the product(s)/service(s) ("REPORT") offered by "Proficient Market” in any form, and is applicable to all orders (an "ORDER") processed by Proficient Market. The agreement is related to your use of the products and services offered by Proficient Market. By placing the order, an individual ("you"), on his/her own or on behalf of an organization, agrees to the License Terms. The License Terms shall be binding upon the user upon acceptance of the delivery Proficient Market’s research products (includes research reports, survey data, company profiles, custom research services, and any other product created and owned by Proficient Market) or consulting assignments by Proficient Market and any of its authorized distributors. The License Terms supersede and replace any other agreement accepted by you with respect to a prior version of the product/service.
 
License Options

Single-User License
With "Single-User License,” Proficient Market grants one non-exclusive, non-transferable machine-readable license for the report either electronically or online. The right to store, display, use, or stockpile the report is restricted to only ONE authorized computer. For obtaining a single user license, ONLY an individual ("you") is entitled to using the product or as mentioned in the License Terms. Any individual representing an organization is refrained from accessing the products/services of Proficient Market or as stated in the License Terms; any breach of which shall lead to violation of applicable laws in the United States, India, or in the jurisdiction of purchase. The products and services offered are the intellectual property of Proficient Market, and are protected by applicable copyright laws, international treaty provisions, and other applicable laws of the country in which these are being used. Albeit the abovementioned, you are NOT be permitted to:
  • transmit or permit any third party to use and/or gain access to the report
  • resell, sub-license, rent, lease, transfer, or attempt to assign the rights of the report (in whole or in part) to any party NOT authorized by Proficient Market
  • modify, alter, create database, broadcast, communicate, transfer, pledge, rent, reproduce, transmit, display, copy, distribute, commercially exploit, use, or store the content from the report other than for internal business purposes; expressly permitted above
  • use the report in any comportment that would breach the terms and conditions contained in these License Terms or that would violate the applicable laws in the United States, India, or in any other jurisdiction
  • take photocopies, share with non-authorized users, and/or copy content from this publication to further distribute for commercial/noncommercial gains
  • share the information or content either electronically or in printed form with fellow-mates, public libraries, researchers, lecturers, college, university, foundation, government agency, corporate, a non-profit organization, or any other unauthorized users

Multi-User License
With the "Multi-User License," Proficient Market grants up to Five non-exclusive, non-transferable machine-readable licenses for using the report either electronically or online. The right to store, transfer, display, use, or stockpile the report is restricted to only FIVE authorized users. An individual representing an organization or an organization shall ONLY purchase the Multi-User License. The authorized users can print additional duplicate printed copies of the report for distribution to the employees of his/her company (Personnel). Albeit the abovementioned, you are NOT be permitted to:
  • transmit or permit by any means to any third party (i.e., non-personnel) or unauthorized users for use and/or gain access to the report
  • resell, sub-license, rent, lease, transfer, or attempt to redistribute or assign rights of the report (in whole or in part) to any party NOT authorized by Proficient Market
  • modify, alter, create database, broadcast, communicate, transfer, pledge, rent, reproduce, transmit, display, copy, distribute, commercially exploit, use, or store the content from the report other than for internal business purposes; exclusively permitted above
  • use the report in any comportment that would breach the terms and conditions contained in these License Terms or that would violate the applicable laws in the United States, India, or in any other jurisdiction
  • take photocopies, share with non-authorized users, and/or copy content from this publication to further distribute for commercial or noncommercial gains
  • share the information or content either electronically or as printed copies with fellow-mates, public libraries, researchers, lecturers, college, university, foundation, government agency, corporate, a non-profit organization, or to more than 5 AUTHORIZED USERS
 
Enterprise License
With "Enterprise License," Proficient Market grants global, non-exclusive, non-transferable machine-readable licenses for using the report either electronically or online, within the organization and/or its subsidiaries. The authorized users shall have complete right to store, display, transfer, and/or use the report ONLY within the organization or its subsidiaries. Authorized users can take unlimited printed copies of the report for distribution among its employees. Albeit the abovementioned, you shall NOT be permitted to:
  • transmit or permit by any means to any third party (i.e., non-personnel) for use and/or gain access to the report
  • resell, sub-license, rent, lease, transfer, or attempt to assign the rights in the report (in whole or in part) to any party NOT authorized by Proficient Market
  • modify, alter, create database, broadcast, communicate, transfer, pledge, rent, reproduce, transmit, display, copy, distribute, commercially exploit, use or store the content from the report other than for internal business purposes; expressly permitted above
  • use the report in any comportment that would breach the terms and conditions contained in these License Terms or that would violate the applicable laws in the United States, India, or in any other jurisdiction

Hard Copy or CD ROM
The Hard Copy or CD ROM delivery, with different license versions, is also available for our products on request. These License Terms shall apply, mutatis mutandis, to each Hard Copy/CD ROM delivery. The cost of delivery/shipping and handling is inclusive with the price of Group, Site, and Global Licenses; however, for a single-user license, additional charges are to be levied.
Annual Subscriptions
Certain products/product bundles are made available for a set duration of time as an annual subscription. Annual subscriptions are generally with "Enterprise (Global) License" and have usage rights as above regardless of the format of document ordered.
 
2. Ownership
Intellectual Property Rights are the sole property of Proficient Market that includes but is not limited to the following propriety rights: All copyrights, utility models, patents, service marks, trademarks, database rights, design rights (whether registered or unregistered), and proprietary information rights. You should acknowledge that you shall not obtain any Intellectual Property Rights relation to Product(s) or its (their) usage except for the license granted by Proficient Market to use the Product(s) as mentioned henceforth.
In relation to third-party claims, you are liable to indemnify Proficient Market, as a result, any transgression of any Intellectual Property Rights mentioned under the License Terms. You acknowledge that Proficient Market (or its licensors) has the right to initiate any proceedings caused due to any such infringement or any sort of claim relating thereto. Moreover, you shall comply with any such proceedings acknowledging that any recovery in pursuant to such proceedings shall accrue solely for the benefit of Proficient Market.
3. Disclaimer of Warranties and Limitation of Liability
Disclaimer: All Product(s) are provided on an as is, as available basis. Proficient Market adds an express disclaimer to all the warranties including that of merchantability and fitness for a particular purpose. Proficient Market, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Proficient Market or its affiliates make no warranty that the service or content in relation to the product:
  • will comply with any specific requirement
  • will be uninterrupted, timely, secure, error-free, or virus-free
  • will contain accurate, reliable, or complete results. The users are solely responsible for the selection, suitability, and the use of the Product(s) and acknowledge that, as stated above, Proficient Market does not provide any additional warranties or guarantees relating to the Product(s).
No Liability: Proficient Market, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Proficient Market or its affiliates is not responsible for any direct, indirect, incidental, special, consequential, or exemplary damages. The aforementioned damages may include but are not limited to intangible losses (even when implied in advance) and other such damages for loss of profits, goodwill, or data.
The above losses may arise in relation to:
  • the use or the inability to use any Product(s)
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into by the user concerned with the usage of Product(s)
  • any unauthorized access to or alteration of any Product(s)
  • any price change, of any Product(s) or (v) any other matter relating to any Product(s)
4. Confidentiality
The usage of the product(s) must be in compliance with the terms laid down under the License Terms (Confidential Information). In relation to the usage of the product(s) you are prohibited to copy, alter, adapt, publicize, disclose, or in any way part with possession of any information of Proficient Market, which you possess as a result of these License Terms.
This compliance shall exclude information which:
  • you can prove was owned by you at the same date it was received or obtained; or
  • you have obtained from a third party having a sound legal standing
5. Notices
Any notice, invoice, or other document sent from one party to the other shall be duly given if sent to an authorized representative of the other party or individual by following modes of delivery:
This compliance shall exclude information which:
  • registered mail or courier delivery to the recipient party’s principal place of business,
  • facsimile, or
  • email (with return receipt requested)
6. Terms and Termination
General: The aforementioned License Terms shall be deemed to be effective as of the date of acceptance of Proficient Market of an Order from You (the Effective Date) and shall remain in force until the user terminates the association in accordance with the terms of the license agreement. Notwithstanding any term contained in Section 8, Proficient Market may, in its sole discretion, terminate any license granted to you hereunder without notice in the event of non-compliance by you with these License Terms, including, but not limited to the non-payment of any amounts due and payable to Proficient Market.
Annual Subscriptions: Annual Subscription that users make shall commence on the Effective Date applicable to it and will be effective for a 12-month duration (the Initial Term). Thereafter, each Annual Subscription shall renew for the successive 12-months period (each, a Renewal Term). Either party may cancel the relevant Annual Subscription with prior 3-months’ notice communicated in writing to the other party.
7. Agility
Agility is about being nimble & responsive to changes in business while focusing on creating value for the customers. Much agile management, as well as technical practices, have been developed to heal the rift between development and the business.
Proficient Market fosters the agility management techniques with early and planned iterations for each of their projects. We identify and prioritize a superset of features and believe in providing flexibility in terms of our services. Our customers are benefited with iterated information as per their unique requirements. We also provide data insights in terms of numbers, charts, timelines specific to an industry, or a geographic region.
8. Applicable Laws
These Terms and Conditions of Use and any disputes, claims, or proceedings arising out of or in any way relating to these Terms and Conditions of Use shall be governed by the laws of the Republic of India with regard to any principles of conflicts of law. Any disputes arising in connection with these License Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of India. The courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to these Terms and Conditions of Use. The terms and conditions are in compliance with the recently introduced General Data Protection Regulation (“GDPR”) by the European Union.
Our Terms and Conditions currently address the consent to use personal data and is reformed to ensure we comply with Article 7 of the GDPR (Conditions for consent). We are developing processes for recording consent, making sure that we can evidence an agreeing opt-in, and a way to withdraw consent at any time for marketing purposes only. Consent cannot be withdrawn for data relating to financial transactions once activity begins. We do not use any of our users’ data for unethical purposes. Nor do we share the sensitive personal information to any third party without obtaining the prior consent of the User.
9. Miscellaneous
Entire Agreement: The entire agreement entered in by the parties relating to the licensing of the Product(s) consists of these License Terms, along with any terms and conditions set forth in an Order. This makes null and voids all previous agreements and understandings, whether oral or written, relating to such licensing. In the event of any dispute between these terms and conditions and any other Order, these License Terms shall prevail as a final document. Any modifications, amendments, or supplements to these License Terms shall be only effective unless each party signs it. Approvals or consents hereunder by any party have to be in writing.
Assignment: You cannot assign or transfer your rights or obligations under these License Terms to another party without the prior written consent of Proficient Market.
No Waiver: The user shall not ask for any waiver or modification of any term or condition mentioned under the License Terms in case of failure of Proficient Market at any time to enforce any of the other aforementioned terms.
Severability: In case, any provision of these License Terms, or an Order, is held to be invalid or unenforceable by any court of law or administrative body of competent jurisdiction, the invalidity or unenforceability of such provision shall not in any way affect the other provisions of these License Terms, and all provisions not so affected by such invalidity or unenforceability shall remain in effect. Further, all the parties present in the agreement should be ready to substitute for any invalid or unenforceable provision with a valid or enforceable provision to the maximum extent the economic objectives of the unenforceable provision are expected to be achieved.
Survival: Sections 2 through 7 and 9 shall survive the expiration or termination of these License Terms.
Governing Law and Jurisdiction: These License Terms shall be governed by the laws of the Republic of India with regard to any principles of conflicts of law. Any disputes arising in connection with these License Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of India.
Equitable Relief: You should acknowledge that non-compliance of these License Terms may cause Proficient Market irreparable damage for which recovery of money damages may be inadequate. In that case, you shall agree that Proficient Market shall be entitled, in addition to any other appropriate remedies available to it, to seek (in any court of competent jurisdiction) injunctive relief and/or other equitable relief to prevent or restrain any breach by you or otherwise to protect its rights, without being required to post a bond or other security.