(This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.)
When using the Platform, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "Policies"). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms and Conditions of Use and any other document that has been incorporated by reference herein, these Terms and Conditions of Use shall control & supersede all others.
These Terms and Conditions of Use are the property of JMK Energy having its registered office at B-42, Bhati Mines, Main Road, New Delhi 110074, hereinafter referred to as JMK Energy and shall govern your usage of the Platform.
For the purposes of the Terms and Conditions of Use, "I", "we" and "us" shall refer to JMK Energy, "Client", "Customer", "You" shall refer to the Client or prospective Client who is browsing through this Platform.
Through our Platform, we aim to provide relevant information about our businesses and to help the Users know us better. The Platform is a software suite of products which are made in order to leverage the synergies of data and business logic.
3.1 By accessing this Platform, You are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using or accessing the Platform. The materials contained in this Platform are protected by law governing copyright and trademarks.
3.2 Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform.
3.3 The content on the Platform is not meant for children and therefore it is not advisable for children to be visiting/accessing/becoming a member of the Platform. JMK Energy reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to JMK Energy's notice or if it is discovered that you are under the age of 18 years.
3.4 You assume all responsibility for the use of JMK Energy Platform. You also waive all claims against JMK Energy, its officers, directors, employees, suppliers, and programmers that may arise from the use of the JMK Energy Platform.
3.5 JMK Energy or its licensors own all Intellectual Property Rights in and to the Content, Platform, and Services made available to You through the Platform. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Platform.
3.6 You acknowledge that you do not acquire any ownership rights by your permitted use of the Platform, or its Content. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Platform and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
3.7 You agree that your use of the Platform must comply with all applicable local, state, national, and international laws, and that you will not use the Platform for any illegal purpose.
To access this Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of this site that all the information You provide on this Site will be correct, current, and complete. If JMK Energy believes the information You provide is not correct, current, or complete, JMK Energy has the right to refuse You access to this Site or any of its resources, and to terminate or suspend Your access at any time.
You may only use this Site for purposes expressly permitted by this Agreement. As a condition of Your use of JMK Energy’s website, You warrant to JMK Energy that You will not use the website for any purpose that is unlawful or prohibited by this Agreement. For example, You may not (and may not authorize any party to) (i) co-brand this site, (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of JMK Energy. For purposes of this Agreement, “co-branding” means to display a name, logo, or trademark, in such a manner as is reasonably likely to give a user the impression that such party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with JMK Energy in preventing any unauthorized co-branding, framing or hyper-linking. In addition, You may not use JMK Energy’s website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
- Trademarks, service marks, logos, and copyrighted works (including the collection and arrangement of content) appearing in this site are the property of Renew Group PTE Ltd. or the party that provided the trademarks, services marks, logos, and copyrighted works to Renew Group PTE Ltd. and used by JMK Energy under license. Except as provided in this Agreement, neither Renew Group PTE Ltd. or JMK Energy grants You any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. In accordance with the Limited Liability section of this Agreement, as part of the use of this Site, You agree not to bring any claim against JMK Energy, its affiliates, officers, directors, employees, agents, sponsors, third party content providers, licensors, licensees or the like for any claim of intellectual property infringement.
- Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the content or create derivative works based on the whole of or any part, or which incorporate, the content into any software program.
- Use of the content not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of JMK Energy's copyright or JMK Energy's other intellectual property rights, and/or the copyright or other intellectual property rights of JMK Energy 's licensors.
7.1 The materials, including the information, available on the Platform are provided “as is” and is prepared solely for the purpose of providing information about JMK Energy, its subsidiaries and associated companies and the products and/or services which they offer.
7.2 Whilst JMK Energy has used reasonable care and skill in compiling the content of the Platform, it makes no warranty (express or implied) as to the accuracy or completeness of any information on the Platform.
7.3 JMK Energy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
7.4 JMK Energy, its agents, affiliates and representatives make no guarantee that the information contained in reports provided to Clients, whether implied or stated, either orally communicated or in writing, are true and accurate and JMK Energy accepts no liability for any inaccuracies in its reporting, the misuse or any loss arising from its reports.
This Site may provide a link to other websites by allowing You to leave this Site to access third-party material (“Linked Site”). JMK Energy is not related to, nor does it have discretion to alter, update, or control the content on, a Linked Site. JMK Energy has not reviewed such Linked Sites and is not responsible for the content of those sites. The fact that JMK Energy has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. Linked Sites are to be accessed at the user’s own risk, and JMK Energy makes no representations or warranties about the content, completeness or accuracy of these Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. JMK Energy is not responsible for such provisions and expressly disclaims any and all liability related to such provisions.
9.1 You expressly agree that use of the Site is at Your sole risk. Neither JMK Energy nor its affiliates, any of their officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy, completeness, reliability, or security of the Materials.
9.2. This site and the information, content, and materials on this site are provided on an “as is,” “where is,” and “where available” basis. JMK Energy makes no representations or warranties of any kind, express or implied, as to the operation of the site, or to the content, information, or the materials on this site. JMK Energy expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, or information on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement.
9.3. You, and on behalf of Your agents, attorneys, employees, predecessors-in-interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, hereby fully release, discharge, waive, and absolutely forgive JMK Energy, and each of its respective agents, attorneys, employees, predecessors-in- interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, from any and all lawsuits, demands, controversies, disputes, actions, causes of action, rights to accountings, fees, invoices, billings, proceedings, obligations, debts, liabilities, costs, disbursements, expenses, attorneys’ fees, damages and other claims of whatever character, nature and kind, in law or in equity, past, present or future, know nor unknown, joint or several, suspected or unsuspected, arising from or relating to Your use of the Site and/or any works obtained therefrom (collectively, “Claims”). You covenant not to sue with respect to any Claim subject to the foregoing release, discharge or waiver.
You understand that JMK Energy cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. JMK Energy does not assume any responsibility or risk for Your use of the Internet.
JMK Energy, its subsidiaries, affiliates, licensors, service providers, attorneys, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss data, use, revenue or income, pain and suffering, emotional distress, or similar damages, even if JMK Energy has been advised of the possibility of such damages.
Each time You upload any user submitted content (“User Content”), You confirm Your acceptance of and agreement to be bound by this Agreement. You shall, and hereby do, indemnify, defend, and hold harmless JMK Energy, its affiliates, agents, employees, sponsors, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to Your User Content, use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This includes, but is not limited to, defense and indemnification of JMK Energy for any unlawful or unpermitted uploading of any information by a user. This indemnification shall survive any termination or suspension of Your use of this Site.
All User Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that You, and not JMK Energy, are entirely responsible for all User Content that You upload, post, e-mail, or otherwise transmit via this Site. You shall not transmit User Content or otherwise conduct or participate in activities on the Site that are prohibited by law in applicable jurisdictions. You hereby waive all intellectual property right, including copyright, and any other right to any User Content that You submit, and shall, and hereby do, grant to JMK Energy and any other user, a fully paid-up, royalty-free, perpetual, irrevocable, non-exclusive right and license (with the right to sublicense through multiple tiers) to use, reproduce, copy, modify, publish, adapt, host, cache, index, archive, store, create derivate works from, translate, perform, display, and distribute such User Content, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or herein after developed without accounting, notification, credit, or other obligation to You.
JMK Energy does not control User Content. JMK Energy has the right but not the obligation to monitor submissions by users and reserves the right to modify, move, or remove any content at any time and for any reason in its sole discretion. You grant JMK Energy and other users of this Site the right to use any material, information, ideas, concepts, know-how, or techniques contained in any User Content You provide or otherwise submit to JMK Energy for any purpose whatsoever, including but not limited to, educational purposes and developing and marketing commercial products (if any as JMK Energy deems fit in its sole discretion) using such information. You will not be entitled to any compensation for any of the rights You grant in and to the User Content. You authorize JMK Energy to use Your name, likeness, and any other information in connection with use of the User Content You provide. You agree that JMK Energy may use or disclose information about You or Your use of this Site, including User Content, to comply with laws and requests by governmental or regulatory agencies, to protect and/or defend JMK Energy’s rights or property, or to protect the safety of JMK Energy, JMK Energy’s employees, agents, sponsors, membership, or the public.
JMK Energy reserves the right to terminate Your access to any part or the entire Site at any time without notice for any reason whatsoever. JMK Energy also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. JMK Energy reserves the right to seek all remedies available at law and in equity for any violation of this Agreement.
You agree that no agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship exists as a result of this Agreement or use of the Site. You acknowledge that You, do, not have authority or power to bind JMK Energy In no event shall JMK Energy be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
This Agreement constitutes the entire agreement between JMK Energy and You with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and JMK Energy with respect to this Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by JMK Energy to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.
JMK Energy may revise this Agreement at any time and You agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is Your responsibility to return to this Agreement from time to time to review the most current terms and conditions. JMK Energy does not, and will not, assume any obligation to notify You of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from JMK Energy solely through electronic transmission. You agree that, when in the future You click on an “I agree,” “I consent” or other similarly worded “button” or entry field on this Site, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
Any use of this Site in violation of the foregoing violates these Terms and Conditions and may result, among other actions, in termination or suspension of Your rights to use the Site. Any decision as to whether User Content violates these Terms and Conditions or JMK Energy’s posting rules will be made in JMK Energy’s sole discretion.
JMK ENERGY takes copyright very seriously. If you discover any content on JMK ENERGY that you believe infringes your intellectual property, please provide us with a copyright notice with the following information:
a) statement that you have identified content on JMK ENERGY that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b) description of the copyright work(s) that you claim have been infringed;
c) description of the content that you claim is infringing and the location where such content can be located;
d) your full name, address and mobile number, a valid email address on which you can be contacted;
e) statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
f) and a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
g) with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
h) your electronic or physical signature (which may be scanned copy).
Any passwords used for this site are for individual use only. You will be responsible for the security of Your password. JMK Energy will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that JMK Energy considers insecure, JMK Energy will be entitled to require the password to be changed and/or terminate Your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, JMK Energy reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. JMK Energy reserves the right to investigate suspected violations of this Agreement.
JMK Energy reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing JMK Energy to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS JMK ENERGY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JMK Energy DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JMK Energy OR LAW ENFORCEMENT AUTHORITIES.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.
As a policy, we at JMK ENERGY never disclose any information relating to the user i.e. You unless required by law. After an investigation is concluded, and JMK ENERGY has informed You of the results, all papers, documents or electronic data including emails, computer files and media shall be immediately destroyed.
24.1 Any claim relating to the Platform or arising out of the services of JMK Energy shall be governed by laws of India and courts at New Delhi, shall have exclusive jurisdiction. You specifically consent to the said jurisdiction of courts at New Delhi in connection with any dispute between You and JMK Energy arising out of this Agreement, use of this Site, or pertaining to the subject matter hereof. You agree the exclusive venue for any dispute between the JMK Energy and You arising out of this Agreement or Your use of this Site will be before the courts at New Delhi.
24.2 JMK Energy makes no representation that the materials are appropriate or available for use outside India. If You access this Site from outside India, You will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to Your use of this Site.
Any claim relating to the Platform or arising out of the services of JMK Energy shall be governed by laws of India and courts at New Delhi, shall have exclusive jurisdiction.
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Platform or the services offered by JMK ENERGY, you may contact us at firstname.lastname@example.org
You may also write an email to : email@example.com.