Terms of Use

This Terms of Use Agreement (the “Agreement”) governs the use of this website, www.thephoenixcompany.in (the “Website”). The Website includes all pages within this website. The terms incorporated herein below apply in full force and any User of this Website expressly accepts all the terms and conditions contained herein. You must not use this Website if you do not consent to this Agreement entirely with no additional terms or modifications of any sort.

The Phoenix Company reserves the right to change any and all of the terms of this Agreement without any prior notice to any User. Please check www.thephoenixcompany.in for changes in terms periodically.

The parties agree as follows,

1. Definitions:

1.1. ”User”, “You”, or “Customer” refers to any user of this Website, with or without a username.

1.2. ”We”, “Us” or “Our” refers to The Phoenix Company.

1.3. “Company” refers to the The Phoenix Company

 2. Intellectual Property Rights:

2.1. All the content displayed on this Website is exclusively owned by the Company. The Company and its licensors own all rights to the intellectual property and materials contained in this Website. All such rights are reserved.

2.2. You are permitted to view the content(s) of the Website only to the extent the Company allows you to do so.

3. Restrictions:

3.1.You shall not:

3.1.1.      publish content from this Website without express written permission from Company;

3.1.2.      use any of the content for personal, promotional or profitable purposes;

3.1.3.      Sell or sublicense any of the content from this Website;

3.1.4.      use the Website in a manner that may damage this Website;

3.1.5.      use the Website in any way that impacts user access to this Website;

3.1.6.      use this Website in a manner that contravenes any applicable law(s), or harm any person or business;

3.1.7.      engage in data mining, data harvesting, data extraction, or any other similar activity in relation to this Website, or while using this Website;

3.1.8.      use this Website as a platform for marketing or advertising;

 4. Your Content:

4.1. Any content, written or otherwise, posted by any User on the Website shall be done at his sole discretion. By displaying it, the User grants the Company a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt , publish, translate and distribute it in any platform or media

4.2. Any content, written or otherwise, posted by you must not infringe any third party’s rights. The Company reserves the right to remove any content posted by any user from this Website at any time, for any reason, without prior notice.

5. Representations and Warranties:

5.1. The Website is provided “as is”, with all faults, and the Company makes no express or implied representations or warranties, of any kind related to this Website and its contents

5.2. Nothing contained on this Website shall be construed as providing consult or advice to anyone.

6. Limitation of Liability:

6.1. The Company, nor any of its officer or employees, are liable for anything arising out of or in any way connected with the use of this Website, whether such action be under contract or tort.

6.2. We are also not liable for any indirect, consequential or special liability arising out of or in any way related to the use of this Website.

6.3. For and under any dispute that may arise between any User(s) and the Company with reference to any product purchase or services offered and paid for, the Company shall be liable only to the extent of the sale price of the said purchase or payment (not including shipping and handling charges if any).

7. Indemnity:

7.1. You hereby indemnify the Company to the fullest extent from and against any and all liabilities, costs, demands, causes or action, damage, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach any of the provisions of this Agreement.

8. Assignment:

8.1.The Company may assign, transfer, and subcontract its rights and/or obligations under this Agreement without any notification or prior consent of any User(s).

8.2. No User may assign, transfer, and subcontract its rights and/or obligations under this Agreement.

9.Severability: If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force.

10. Amendments: The terms of this Agreement may not be amended or modified except by a written instrument signed by both parties.

11. Waiver:  Failure on part of the Company to exercise their respective rights under this Agreement does not constitute a waiver of the said or any other right(s) under this Agreement, or any other right.

12.Force Majeure:

12.1.Delay in performance of a service or delivery of a purchase to the extent that performance or delivery is rendered impossible by civil unrest, war, fire, flood, earthquakes, labor strike, boycott, lockout, governmental acts or orders, or any other reason where failure to perform is unforeseeable and beyond the control, and not caused by the negligence, of the Company will not be deemed as default on part of the Company.

13. Entire Agreement:This Agreement constitutes the entire Agreement between the parties concerning its subject matter, and supersedes any previous understanding or agreement, between the parties, express or implied. No variation of this Agreement shall be valid unless it is in writing and signed by both parties and their legal representatives.

14. Arbitration: In case of a dispute between the Company and any User(s), they agree that:

14.1.1.  The parties shall arbitrate any dispute arising out of or relating to the Agreement.

14.1.2.  The parties shall nominate their arbitrators within thirty days of the date that one party receives a notice to do so by the other.

14.1.3.  The parties must try to settle the dispute amicably before commencing arbitration.

14.1.4.  For all disputes between the parties that cannot be settled by arbitration, the courts in Chennai alone shall be exclusive jurisdiction whenever there is a possibility of the said dispute being settled within any court in Chennai.  

15. Governing Laws: This Agreement shall be governed by the laws of India without reference to conflict of laws principles.