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Written by: LUMINIS

Category: Uncategorised

Luminis India respects the intellectual property rights of others. You can notify Luminis India of possible copyright infringement, and Luminis India will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:

1. A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on Website reasonably sufficient to permit Luminis India to locate the material;
4. Your contact information, including your address, telephone number, and email;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Contact the agent designated to receive and act on copyright violations under the Indian Copyrigth Act 1957 (the “Designated Agent”). The contact information for the Designated Agent is listed below.

PLEASE NOTE THAT, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE PENALTIES MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED BY A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Counter-Notice

If the Luminis India user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the India, for any judicial district in which Luminis India is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Luminis India may send a copy of the counter-notice to the original complaining party informing that person that Luminis India may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 business days or more after receipt of the counter-notice, at Luminis India’s discretion.

Designated Agent

Please contact Luminis India’s Designated Agent at the following address:

Email: info@luminisindia.com

Mail:
Luminis Consulting Services Private Ltd.,
J-45, 2nd Floor, Street - 7,
Beriwala Bagh, Hari Nagar,
New Delhi 110064
India

Details

Written by: LUMINIS

Category: Uncategorised

Last Updated: March 12, 2022

The following terms and conditions govern all use of the Luminisindia.com website and all content, services, features, activities and products available at or through the website, including, but not limited to, Luminis India Traffic System, Luminis India Events, Online trainings, offline trainings, mobile sites, other information or digital products and applications (collectively, the “Services”). The Services are owned and operated by Luminis Consulting Services Private Ltd, India (“Luminis India”, “us” or “we”). We ask you to review these terms and conditions, which, together with Luminis India’s Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, which policies are incorporated by reference herein in their entirety, constitute a legally binding agreement between you and Luminis India that conditions your use of the Services (this “Agreement”). 

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

By using or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. 

1. Content on the Services

1.1. In General. Any opinions expressed by the contributors, authors and moderators who post content to Luminis India are the personal opinions of the authors, not of Luminis India, whether or not the authors are employees or contractors of Luminis India. The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Luminis India or any other party.

1.2. Ownership. The Content (as defined below) on the Services is intended for your personal, noncommercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) (collectively, the “Content”) are protected by copyright pursuant to Indian and international copyright laws, and are owned or controlled by Luminis India or the party credited as the provider of the Content. Except as set forth in Sections 1.3 and 5.4 of this Agreement, you may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without the express written consent of Luminis India or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use any Luminis India logo or proprietary graphic or trademark without Luminis India’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in Luminis India and/or its content providers or licensors. Luminis India reserves any rights not expressly granted in this Agreement.

1.3. Limited License. Subject to your strict compliance with this Agreement, Luminis India grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access, download (temporary storage only), display, view, use, play and/or print the Content (excluding, for purposes of this Section 1.3, Content accessed through Luminis India Traffic System and further excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device, for your personal noncommercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, in Luminis India’s sole discretion, and without advance notice or liability.

2. User-Generated Content

2.1. Prohibited Actions. You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of Luminis India; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.

2.2. Luminis India’s Exclusive Right to Manage the User Submissions. You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by Luminis India in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any User Submissions from the Services at any time, for any reason or for no reason at all. Luminis India reserves the right to treat User Submissions as content stored at the direction of users for which Luminis India will not exercise control except to block or remove content that comes to Luminis India’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to Luminis India, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to Luminis India’s attention. However, Luminis India shall not be responsible for controlling or editing any Content, and Luminis India has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.

2.3. License to Luminis India of Your User Submissions. You hereby grant to Luminis India, and you agree to grant to Luminis India, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to Luminis India to your User Submissions, you also hereby grant to Luminis India, and agree to grant to Luminis India, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if your User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against Luminis India for any alleged or actual infringement or misappropriation of any proprietary right in your User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Submissions or any of the rights granted in this Section 2.3.

2.4. Representations and Warranties Related to Your User Submissions. Each time you submit a User Submission, you represent and warrant that, as to that User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the User Submission, or you have a lawful right to submit the User Submission and grant Luminis India the rights to it that you are granting by this Agreement, all without any Luminis India obligation to obtain consent of any third party and without creating any obligation or liability of Luminis India; (B) the User Submission is accurate; (C) the User Submission does not and, as to Luminis India’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the User Submission complies with all applicable laws and regulations.

2.5. Responsibility of Users. You are entirely responsible for the content of, and any harm resulting from, your User Submissions. Luminis India does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.

2.6. Non-Confidentiality of Your User Submissions. The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to Luminis India (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that Luminis India may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.

2.7. Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.

3. Links to Third-Party Websites

The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and Luminis India is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of Luminis India and, as such, Luminis India is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on Luminis India does not imply an endorsement or recommendation by Luminis India. Luminis India is not responsible for any form of transmission received from any link, nor is Luminis India responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.

4. Copyright or Intellectual Property Infringement Notification

If you believe in good faith that material or Content available on Luminis India infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify Luminis India in accordance with Luminis India’s Copyright or Intellectual Property Infringement Notification Policy, currently accessible at http://www.luminisindia.com/copyright/. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.

5. Terms Applicable to Users of Luminis India Traffic System

5 .1. In General. Luminis India offers the opportunity to sign up to obtain enhanced content and features through Luminis India Traffic System. By using or accessing any products, content, features, services or events offered through Luminis India Traffic System, you agree to be bound by the terms and conditions of this Section 5, which are specific to use of Luminis India Traffic System and shall not apply to the use of any of the Services other than Luminis India Traffic System.

5.2. Luminis India Traffic System Account. In order to access certain features of Luminis India Traffic System, you will be required to create an online account (e.g., “User Account”). You agree to: (A) take reasonable measures to maintain the security of your user identification, password and other information relating to your User Account; (B) refrain from sharing your User Account password or from allowing access to your User Account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and content that you receive, transmit or store using Luminis India Traffic System and the User Account; (D) be responsible for all charges resulting from use of your User Account, including unauthorized use prior to your notifying Luminis India in writing of such use and taking steps to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable Indian and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of Luminis India Traffic System.

5.3. Fees; Payment Terms; Account Cancellation.

1. Luminis India may charges a subscription fee (“Fees”) for the use of Luminis India Traffic System. By registering for a User Account, you agree to pay Luminis India the Fees applicable to the account level/type chosen. Unless otherwise stated, all Fees are in U.S. Dollars. Luminis India expressly reserves the right to change the Fees at any time, upon notice to you. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use Luminis India Traffic System, which shall be your sole responsibility. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay Luminis India all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of Luminis India Traffic System, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level that you elect, your credit card may automatically be charged the new rate on your next bill or billing cycle.

2. All Fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrades/downgrades, or for months when you did not use Luminis India Traffic System. We reserve the right to deactivate your access to Luminis India Traffic System if you fail to pay applicable fees. You must provide current, complete and accurate billing information. You must promptly update all billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify Luminis India if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Luminis India in the event of any refusal of your credit card issuer to pay any amount to Luminis India for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Luminis India may immediately suspend or terminate this Agreement and your access to Luminis India Traffic System.

3. Your subscription will renew automatically, unless we terminate it or you terminate your subscription by providing written or electronic notice through one of the following methods:

Email: info@luminisindia.com
Mail:
Luminis Consulting Services Private Ltd.,
J-45, 2nd Floor, Street - 7,
Beriwala Bagh, Hari Nagar,
New Delhi 110064
India

You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

5.4. Limited License to Luminis India Traffic System Users. Subject to your strict compliance with this Agreement, Luminis India grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on Luminis India Traffic System (the “Luminis India Traffic System Content”) as described below. You may:

• View the Luminis India Traffic System Content while accessing Luminis India Traffic System.
• Download or print one copy of any Luminis India Traffic System Content for personal use.
• Incorporate, on a non-systematic and non-routine basis, a small excerpt of the Luminis India Traffic System Content (e.g., a few lines of text, a paragraph, a specific graphic, chart or graph) within a report or presentation that is distributed to an audience that is internal to the company for which you are employed (“your company”), as long as you attribute Luminis India Traffic System as the source.
• Briefly summarize, on a non-systematic and non-routine basis, Luminis India Traffic System Content in your own words, and distribute the summary to an audience that in internal to your company in connection with a specific project, as long as you attribute Luminis India Traffic System as the source.
• Distribute, in digital or hard copy, Luminis India Traffic System Content for which you have purchase reprint rights, to audiences inside or outside your company.
• If your User Account was obtained under an enterprise license made by your company, distribute Luminis India Traffic System Content in accordance with the terms of that license. Except as expressly provided in this Section 5.4, you may not post or otherwise distribute Luminis India Traffic System Content (e.g. via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Luminis India Traffic System Content, and (B) may be immediately suspended or terminated for any reason, in Luminis India’s sole discretion, and without advance notice or liability.

 

6. Digital Products

You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Ethical Hacking Masterclass, Cybersecurity Career Passport, and Cybersecurity Breakthrough Masterclass are registered trademarks (India) of COMPANY and/or its related companies.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contact Us” of this website.

Here are some additional policies specific to digital products, including online trainings, online pieces of training or of similar nature:

1. Order Fulfillment. If you are provided a password to access this website, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
2.  Refund Policies. We offer a 7-day money back guarantee on most of our products. If you are not completely satisfied, you can alert us within 7 days of the date on which your program begins; however, if the program you purchased states a different refund policy, that product-specific refund policy shall apply. For live events, we also offer a 7-day money back guarantee. Upon requesting a refund for a program or live event within the applicable time period, we will rescind access to the product or cancel your event registration and give you a full refund.
3. Payment Plans. For some of our programs, we may offer payment plan options from time to time. You are responsible for keeping a current credit card on file with us until your payment obligations have been met. Also, if your card on file ever declines and you therefore become behind on any installment payments to us, you agree that upon providing us with a new credit card, we have permission to charge your updated card for all past due payments.
4. For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
5. For products that you purchase from us that are delivered through a membership site, you will be given a username and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without written permission.
6. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.
7. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
8. We reserve the right to discontinue or modify without notice or liability, any portion of this website. However, in the rare event that We decide to discontinue a particular online product or service you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered. If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.
9. You understand and agree to not place an unreasonable burden on the server hosting this website or membership site, to not interfere with the running of this website and to not attempt unauthorized access to any portion of this website.
10. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.

7. Operation of the Services

Luminis India reserves complete and sole discretion with respect to the operation of the Services. Luminis India may, among other things: (A) make available to third parties information relating to the Services and their users, subject to the Privacy Policy; and (B) withdraw, suspend or discontinue any functionality or feature of the Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Luminis India may undertake from time to time; or (iii) causes beyond the control of Luminis India or which are not reasonably foreseeable by Luminis India.

8. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED BY LUMINIS INDIA ON AN “AS IS” BASIS. LUMINIS INDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUMINIS INDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. LUMINIS INDIA MAKES NO REPRESENTATIONS, WARRATIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PRO ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 7 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL LUMINIS INDIA BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF LUMINIS INDIA MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.

The Services are controlled and offered by Luminis India from its facilities in the India. Luminis India makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. VIOLATIONS / INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LUMINIS INDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

11. WAIVER AND RELEASE

YOU AGREE THAT NEITHER LUMINIS INDIA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE LUMINIS INDIA SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT LUMINIS INDIA SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST LUMINIS INDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF LUMINIS INDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.

12. Complete Agreement

This Agreement, which incorporates Luminis India’s Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, constitutes the entire agreement between you and us relating to your access to and use of the Services and supersedes any prior or contemporaneous written or oral agreements, communications or other understandings relating to the subject matter hereof (with the sole exception of any separate license agreements for Luminis India Traffic System or Luminis India Traffic System Content to which you are a party or beneficiary, which shall remain in full force and effect and which shall supplement the terms of this Agreement). This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 12.

13. Modifications / Termination

12.1. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of Luminis India; or (B) as set forth below in Section 12.2.

12.2. Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the Luminisindia.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on Luminisindia.com the first time that you visit Luminisindia.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on Luminisindia.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.

14. Dispute Resolution / Jurisdiction / Agreement to Arbitrate

Any dispute arising out of the use of this website or in connection therewith shall be governed by Laws of India and New Delhi Courts shall have exclusive jurisdiction to resolve any such dispute.

15. Construction

If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

16. Notice

Luminis India may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your Luminis India account or by written communication delivered by first class postal mail to your address on record. You may give notice to Luminis India at any time via electronic mail to the following address: info@luminisindia.com.

17. General Disclaimer

The documents and graphics on this website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Luminis may make improvements and/or changes herein at any time. Luminis makes no representations about the accuracy of the information contained in the documents and graphics on this web site for any purpose. All documents and graphics are provided "as is". Luminis hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, Luminis and/or its licensor/ supplier shall not be liable to any party for any direct, indirect, special or other consequential damages for any use of the sites, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Luminis is expressly advised of the possibility of such damages.

18. Miscellaneous

Luminis India may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with Luminis India’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Luminis India in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.

Details

Written by: LUMINIS

Category: Uncategorised

As used in this Privacy Policy, “Luminis” & “Luminis India” refers to all websites (including luminisindia.com, and Traffic System adopted by Luminis), mobile sites, applications, and other properties or services owned or operated by Luminis Consulting Services Private Limited, India.

By visiting Luminis India, viewing our content, attending or viewing any of our events or programs and/or using any of our services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy is part of Luminis India’s Terms of Service and covers the treatment of user information, including Personally Identifiable Information (defined below), obtained by Luminis India, including information obtained when you access or log in to Luminis India, and/or register for content, webinars, or the forum provided by Luminis India.

This Privacy Policy does not apply to the practices of companies that Luminis India does not own or control, or to individuals whom Luminis India does not employ or manage, including any of the third parties to which Luminis India may disclose user information as set forth in this Policy.

What Types of User Information Does Luminis India Obtain?

Luminis India may obtain the following types of information from you or concerning your computer or device (“Information”), which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):

• Name
• Email Address
• Mailing Address
• Telephone Number(s)
• Credit Card Information
• Blog or Website URL
• Social Networking Handle or Username
• Photo
• Demographic Information (e.g., age, gender, interests, and preferences)
• Professional Title
• Company
• Industry
• Activities or Content Viewed on Luminis India
• Information Collected Automatically ( detailed below )
• Information Received from Third Parties ( detailed below )

In certain cases, we may request that you provide some of the Information identified above in order to obtain specific products or services (such as registering for a Luminis India Traffic System or logging in to download Luminis India reports or other documents, etc). If you choose not to provide the Information we request, you may still use Luminis India, but you may be unable to access certain features or services.

When you register to receive any products or services from Luminis India or provide information to Luminis India in any other manner, you agree to provide only true, accurate, current and complete information.

Information Collected Automatically

Luminis India may automatically receive and log certain types of information when you visit or interact with our websites, services, mobile applications or other products, including:

• Browser Information
• Operating System Information
• Mobile Device Information (e.g., device identifier, mobile operating system, etc.)
• IP Address
• Internet Service Provider
• Content Viewed
• Geographic Location
• Connection Speed
• Time of Visit
• Referring Site, Application, or Service
• Registration Time

Information Received From Third Parties

Events and Webinars

If you register for events or webinars provided by Luminis India, we may receive Information about you from the service providers that host or process registration for these programs or that provide other services to support these programs (such as technical support), which may include certain Personally Identifying Information identified above.

Third Party Websites/Social Networking Sites

If you choose to use any third party website or service that is integrated with Luminis India, including a third party social networking or blogging site, such as LinkedIn, Facebook, Twitter or WordPress (“Third Party Websites”) – or if you use any Luminis India application provided through any Third Party Website – we may receive Information, including Personally Identifying Information, from such Third Party Websites, including, but not limited to:

• Name
• Nickname or Username
• Photo or Graphic Avatar
• Unique Third Party Website Identifier (e.g., Facebook User ID)
• Biographical or Demographic Information (e.g. professional title, gender, college attended, etc.)
• Likes and Interests
• Contacts/Friends/Associations
• Any Information That Is Publicly Available on Third Party Websites

For example, Luminis India may offer the ability to use certain Third Party Websites to facilitate your registration on Luminis India. We may also use information about your profile and connections on Third Party Websites to allow you to share or connect with your friends and contacts on Luminis India or to personalize your experience. In addition, Luminis India offers “plug ins” and “widgets” from various Third Party Websites that allow you to share Luminis India content off of our service, as discussed in “Disclosure of Information to Third Parties”.

Your decision to use, or share with, a Third Party Website when accessing or using Luminis India products and services is completely voluntary. Luminis India is not responsible for compliance with the policies or practices of any Third Party Website. You should ensure that you are comfortable with the information such Third Party Websites may make available to Luminis India by reviewing those Websites’ privacy policies and service terms, and by modifying your privacy settings and preferences on those Services.

Any information we receive from Third Party Websites will be governed by this Privacy Policy.

How Do We Use This Information?

We use the Information we obtain from or concerning you or your computer or device to provide Luminis India products and services, fulfill your requests, improve our products and services, personalize and tailor your experience on Luminis India, operate our business, and understand how users are engaging with Luminis India.

In addition, we may use Information from or concerning you or your computer or device to facilitate the delivery of content or advertisements that we believe may be of interest to you, or to communicate with you about new or existing products and services or special offers. For example, we may periodically send promotional materials or notifications related to our products and services to the email address associated with your account.

Luminis India’s Use of Cookies

Luminis India may place “cookies” on your computer or device that may contain anonymous Information that is associated with you. Cookies are small text files a website uses to recognize users, and are typically placed on your hard disk by a web server. Cookies contain information that can later be read by a web server in the domain (here, Luminis India) that issued the cookie to you or that, in some cases, can be read by a third party domain.

Our cookies may record Information about your use of Luminis India so that we can provide a continuous and more personalized experience for you, including for one or more of the following purposes: to help identify visitors; assess usage patterns; identify preferences; control the display of ads; diagnose problems with our servers; gather demographic information; analyze trends and usage patterns; conduct research; deliver editorial content; record registration and personalized information; and otherwise administer Luminis India products and services.

If you do not wish to have Luminis India place and use cookies on your computer, you should set your browser preferences to refuse cookies before accessing Luminis India. Luminis India is not responsible for any failure by you or your browser to accurately implement or communicate your browser preferences or settings. If you choose to decline cookies, you may not be able to sign in or use other interactive features of Luminis India that depend on cookies.

Luminis India does not control and is not responsible for the use of cookies by its third party partners or advertisers. The use of cookies by some of these third parties is discussed below (see “Analytics Services”).

Reviewing and Modifying Your Personally Identifying Information

We offer several ways for you to update Personally Identifying Information that is obtained and stored by Luminis India, or to change your account preferences on Luminis India:

1. If you have an online account with Luminis India, you can update or change your account information by emailing at info@luminisindia.com
2. You may unsubscribe to any of our e-mail updates or products by following the unsubscribe instructions in the body of any message (see Email or Text Message Communications )
3. You may contact us at info@luminisindia.com.

Disclosure of Information to Third Parties

Luminis India may disclose Information (including Personally Identifying Information) from or concerning you or your computer or device to third parties in the circumstances described below. By visiting, accessing, attending or using Luminis India’s products, services or events, you consent to the disclosure of your Information to certain categories of third parties in the manner described below. This Privacy Policy does not apply to the policies or practices of any of these third parties.

Corporate Subscriptions

If your employer or another party provides you with a subscription to Luminis India Traffic System, we may notify the provider when you access or use your subscription. When providing such notices, we may disclose Personally Identifying Information, such as your name or email address.

Service Providers

Luminis India relies on third party vendors and service providers to provide support and assistance for its products, services and events (“Service Providers”), and we may disclose your Information (including Personally Identifying Information) to these Service Providers to the extent necessary to support our products, services or events, or as otherwise set forth below.

Payment Processors

Luminis India uses third party payment processors, including PayPal, CCAvenue.com, etc. to process financial payments for certain Luminis India services. When you make payments to Luminis India and/or obtain certain Luminis India products or services, Luminis India may transfer certain Information (including Personally Identifying Information) to these payment processors for the sole purpose of facilitating the payment transaction, such as your Name, Address, and Credit Card Information.

Event Registration

Luminis India uses third parties, such as EventBrite, to process registration for Luminis India events and programs. Luminis India may provide your Information (including Personally Identifying Information) to such registration services when you register for a Luminis India event or program. In addition, as discussed below, Luminis India (or its third party registration service) may provide your Information (including Personally Identifying Information) to companies that sponsor or underwrite portions of an event that you register for, attend, or view.

Web Hosts

Luminis India website services are hosted by Hostgator, an enterprise web publishing platform. All Information obtained and stored by Luminis India’s websites ( see What Types of User Information Does Luminis India Obtain?) is processed and stored on servers that are owned and operated by Hostgator.

Webinars

Luminis India uses third parties, such as GoToWebinar, Wufoo, and Wistia, Cisco WebEx etc. to process registration and/or host and provide technical support for Luminis India webinars. If you register for and/or download or view a Luminis India webinar, Luminis India may provide your Information (including Personally Identifying Information) to these third parties to facilitate registration and access to the webinar. In addition, as discussed below, Luminis India (or its third party registration service) may provide your Information (including Personally Identifying Information) to companies that sponsor or underwrite portions of a webinar that you register for, download, or view.

Third Party Sponsors

If you have elected to register for one of our sponsored webinars or events, or to access research or content from Luminis India, we may share your Information (including Personally Identifying Information) with business partner(s) and/or sponsor(s) of the webinar, event, research and/or content. You agree that these sponsor(s) and/or business partner(s) may use your Personally Identifying Information to contact you to provide additional information about their products or services.

Third Party Websites

Luminis India offers the ability to share Luminis India content on Third Party Websites, including social networking and blogging services such as LinkedIn or Facebook, through “plugins” or “widgets” (such as LinkedIn’s “in” button or Facebook’s “Like” button). When you elect to share content and information with others on Third Party Websites, Luminis India may transmit your Information (including Personally Identifying Information) to such Third Party Websites. This Information may be visible on the Third Party Website to anyone who has access to that content or Information. Your decision to share information in this manner is completely voluntary. You should ensure that you are comfortable with how Third Party Websites may share your Information by reviewing their privacy policies and/or modifying your privacy settings directly on those Third Party Websites.

URL/Referrer Header Information

When you visit Luminis India websites, certain information about the content or activities you have engaged in on Luminis India may be reflected in the Uniform Resource Locator (“URL”) for the page you are viewing on Luminis India (i.e., the Internet “address,” commonly displayed in the browser window). For example, the date or title of an article you are viewing may appear in the URL for that page. In addition, if you are logged into a Luminis India account, certain account information (may be visible in the URL when you visit your account on Luminis India. If you leave Luminis India to visit a third party website, including when you click on an advertisement or link or when you share information through a social plug-in (like the Linked In “in” button), the information contained in the URL may be transmitted to the third party website by your browser.

Advertisers and Analytics Services

As discussed in (“Third-Party Advertising on Luminis India”), Luminis India uses third party advertisers, including ad networks, to provide advertising on its websites. In addition, as discussed in (“Analytics Services”), Luminis India uses third party analytics products to obtain information about how users are using and interacting with Luminis India. These third parties may receive Information (including Personally Identifying Information) from Luminis India as discussed in greater detail in (“Security and Protection of Personally Identifying Information”).

Law Enforcement/Legal Process

We may disclose your Information (including Personally Identifying Information) when we believe in good faith that disclosure is necessary to comply with any law, regulation or legal request; enforce, apply, or investigate breaches of our terms of use and other agreements; respond to public requests; or protect the rights, property, user experience or safety of Luminis India, our employees, our users, or others. This can include exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Comments and Public Posts; Sharing on Third-Party Websites

Luminis India encourages active participation by users, including through comments on Luminis India. However, please be aware that if you voluntarily disclose Information, personal or otherwise, on Luminis India, that Information can be viewed, collected and used by others, including other users, search engines, advertisers, third party applications developers, and anyone with access to Luminis India. Luminis India has no control over the use, collection or disclosure of any Information that you post publicly on Luminis India.

Change of Control

If Luminis India, or substantially all of its assets, is acquired by another company or party, user Information will be one of the assets transferred or acquired by the purchaser. You acknowledge that such transfers may occur, and that any purchaser of Luminis India or its assets may continue to collect, use and disclose your Information as set forth in this Policy.

Third-Party Advertising on Luminis India

Luminis India may allow third party advertising serving companies, including ad networks (“Advertisers”), to display advertisements or provide other advertising services on Luminis India. These third party Advertisers may use techniques other than HTTP cookies to recognize your computer or device and/or to collect and record demographic and other Information about you, including your activities on or off Luminis India. These techniques may be used directly on Luminis India. Please keep in mind that your web browser may not permit you to block the use of these techniques, and that browser settings that block conventional cookies may have no effect on such techniques.

Advertisers may use the information collected to display advertisements that are tailored to your interests or background and/or associate such information with your subsequent visits, purchases or other activities on other websites. Advertisers may also share this information with their clients or other third parties.

Luminis India has no responsibility for the technologies, tools or practices of the Advertisers that provide advertising and related services on Luminis India. This Privacy Policy does not cover any collection, use or disclosure of Information by Advertisers who provide advertising and related services on Luminis India. These Advertisers’ information gathering practices, including their policies regarding the use of cookies and other tracking technologies, are governed entirely by their own privacy policies, not this one.

Luminis India currently may be using one or more of the following Advertisers to provide advertising and related services on Luminis India. If you would like to know about their information gathering and privacy practices, please visit the links below

Analytics Services

In addition, Luminis India uses third party analytics providers and products to obtain, compile and analyze Information (that may include Personally Identifying Information) about how users are using and interacting with Luminis India. Luminis India may provide Information (including Personally Identifying Information) to these analytics providers for the purpose of obtaining statistics and other information about how users are using and interacting with Luminis India. These analytics providers may use tracking techniques other than HTTP cookies to recognize your computer or device and/or to collect or compile this information. These techniques may be used directly on Luminis India. Luminis India has no responsibility for the technologies, tools or practices of the third parties that providing analytics products and services to Luminis India. Please also keep in mind that your web browser may not permit you to block the use of these techniques, and that browser settings that block conventional cookies may have no effect on such techniques.

Security and Protection of Personally Identifying Information

We have implemented reasonable security measures and practices in an effort to protect the confidentiality of your Personally Identifying Information (other than Personally Identifying Information that you have elected to disclose to others). However, no security system is impenetrable. It may be possible for third parties to intercept or access information you provide to Luminis India. Luminis India cannot guarantee the security of your Personally Identifying Information, nor can we guarantee that information you supply will not be intercepted while being transmitted to Luminis India. It is important for you to protect against unauthorized access to your password(s) and computer or device, and to log off when using any shared computer.

Email or Text Message Communications

We may contact you by e-mail, text message or other equivalent electronic communications if you access Luminis India products or services or register for events, webinars or other content or services provided by Luminis India. By visiting or using Luminis India content, products or services, or registering for or attending Luminis India events or webinars, you specifically consent to the receipt of these e-mail or text message communications. If you do not want to receive emails, text messages or other communications from us, please notify us by email at info@luminisindia.com and include sufficient information for us to identify your account, including your Name, Email Address (or Cellphone Number) and the specifics of your request. If you unsubscribe, Luminis India may still contact you via email or text message for administrative purposes or concerning any products, services or events for which you have registered or are using.

Changes to the Privacy Policy

Luminis India retains the discretion to amend or modify this Privacy Policy from time to time. Use and disclosure of Information we obtain is subject to the later of: (1) the Privacy Policy in effect at the time such Information is collected or (2) any subsequent Privacy Policy of which you have notice. If we make material changes to the way we collect, use or disclose Personally Identifying Information, we will notify you by posting a clear and prominent announcement on Luminis India or through a direct communication. Your continued access to or use of Luminis India following notice of material changes to this Privacy Policy shall constitute consent to any amendments and/or modifications. Your use of Luminis India is entirely voluntary, and you may discontinue use of Luminis India at any time.

How to Contact Us

Luminis India welcomes any questions or comments you may have regarding this Privacy Policy or its implementation. Any such questions or comments should be submitted via email to info@luminisindia.com or directed to the address below. We will undertake reasonable efforts to resolve or address your concern.

Luminis Consulting Services Private Ltd.,
ATTN: Privacy
J-45, 2nd Floor, Street - 7,
Beriwala Bagh, Hari Nagar,
New Delhi 110064
India

Effective Date of this Privacy Policy

This Privacy Policy is effective as of October 30, 2013

Details

Written by: LUMINIS

Category: Uncategorised

Dear Visitor,

Your query has been successfully received by us.  

Team Luminis would be glad to revert back as soon as possible.

Thanks.