Last Updated on 15 March 2021
WTO-Boutery: Talk Global Trade (“our”, “us”, “we”) is a sole proprietorship which has developed the WTO-Boutery: Talk Global Trade website available at: https://www.talkglobaltrade.com/ (“Website”). We, via our Website (i) provide our users (“you”, “your”, “yours”) access to newsletter, reports, research articles, videos and updates relating to international trade. Our mission is to make international trade law more accessible to you and other stakeholders. The Website is not monetized and is for educational and informational purposes only.
We may revise these Terms as well as update the Website and our Services from time to time, so please keep visiting this page regularly. If you do not agree with any part of these Terms, please stop using the Website immediately.
1. Eligibility and Use
In order to use or access our Website and services, you must be competent to enter into a contract under applicable laws. If you continue using the Website, then you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws. In the event you access or use the Website or Services for and on behalf of a legal entity (whether a single or multiple entities), you represent and warrant that you have the authority to bind such entity (and its affiliates or associated entities) to these Terms.
2. Opt-Out Request
If you provide us with your email address then, we may send you Research Materials and any information we deem relevant regarding our Services, including release of new services or modification to the features of the Services. If you do not wish to receive such messages and notifications and would like to unsubscribe from our mailing lists, you may do so by contacting us at firstname.lastname@example.org. Do note that we may still send you information we deem necessary and in your interest despite your unsubscribing from our mailing list.
3. Third-Party data and Content
In order to host the Website and provide you the Services we may use various third-party data, software and/or services. While we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data or services.
4. Disclaimers and Limitations
As per the rules of the Bar Council of India, we are not permitted to solicit work and advertise. The information provided under this website is solely available at your request for informational purposes only, should not be interpreted as soliciting or advertisement. We are not liable for any consequence of any action taken by the user relying on material / information provided under this website. In cases where the user has any legal issues, he/she in all cases must seek independent legal advice.
All the data and information on the Website and Services is invalidated at the time of publication and may be amended, without notice, at any time. While we have exercised reasonable skill and care in compiling the information on the Website, under no circumstances will we be liable in contract, tort or otherwise for any direct or indirect, special or consequential loss, injury or damage including loss of revenue, loss of reputation or good will, loss of profit, compute or device failure, lost or corrupted data, interruption of business, arising directly or indirectly use or access of the Website, the Services or reliance on the information so provided to you.
We accept no responsibility for any of the information that we communicate or Services we provide to you in good faith. We are not responsible for any losses that you might incur from any inaccuracies in our information and data. Our services are provided on an “as is” basis without any representations or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Website, or Services, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use.
Any views or opinions represented in this blog are personal and belong solely to us. They do not represent the opinions and views of people, institutions or organizations that we may or may not be associated with in professional and personal capacity, unless explicitly stated.
5. Intellectual Property
All rights, interest and title in all content, all images, illustrations, graphics, video clips, text, reports generated, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, copyrights, trademarks, patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto in relation to the Services, Research Material, APIs, API documentation, products or Website (“Intellectual Property”) unconditionally vests with us and constitutes our exclusive Intellectual Property.
You only have a limited, non-assignable, non-exclusive, non-commercial, revocable, non-transferable license to access our Website and use its various features for your personal and/or internal business use and lawful requirements only. You do not have the right to duplicate, distribute, creative derivative works of display, or commercially exploit our Intellectual Property, directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.
We shall further have a worldwide, non-exclusive, sub-licensable, perpetual, royalty-free and irrevocable right to use any and all text, images, profile information, data, video, content, materials, information or communications, feedback, or hyperlinks to any of the foregoing, that you provide to us, for (i) any marketing as well as product or Service improvement, (ii) formulating reports based on your information and data (in aggregate and anonymous form) to optimize and benchmark our Services for other users, and (iii) perform such other actions as may be reasonably necessary in connection with your use of the Service. You agree that any feedback or communication you provide to us as provided herein is unsolicited and without restriction and does not place us under any fiduciary or other obligation, and that we are free to use the same without any additional compensation to you, and/or to disclose it on a non-confidential basis or otherwise to anyone. In the event that you provide us with your name, likeness, or image then we shall also have a worldwide, non-exclusive, sub-licensable, perpetual, royalty-free and irrevocable right to use such name, likeness, and images for marketing purposes.
We are committed to ensuring that none of the information or content on the Website violates the law or infringes third-party intellectual property rights. While we preliminarily review content on the Website, we are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 36 (thirty-six) hours of making such a determination, take down such content.
7. Limitation of liability
Neither we nor any of our affiliates and respective researchers or agents shall be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of the use of or the reliance on the Website. In any case, our total aggregate liability arising from any Dispute shall never exceed Rs. 500 (Rupees Five Hundred).
You agree to indemnify and hold harmless us as well as our affiliates and the researchers or agents thereof from any and all costs, losses, damages, liabilities, claims, including third party costs, claims and damages arising from your breach of these Terms, or from your use of the Website or Services.
9. Restriction on Use
You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Website for any information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. You will not: (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, decode or decompile, modify, alter, scrape, or create derivative works of any part of the Website, or Service, remove any copyright notices and proprietary legends from the Service; (ii) use the Website or Service in any manner or for any purpose that violates any applicable law; (iii) use the Website or Service in any manner that could reasonably be interpreted to suggest that the use represents our views. If you do or attempt any such acts, we may terminate your use of the Website or Services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.
You further covenant that you shall not, whether directly or indirectly identify us or display any portion of the Website on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights. You shall not identify or refer to us, the Website or any products or Services made available by us in a manner that implies an endorsement or any relationship between us.
10. Term and Termination
This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Website and/or Services; and/or (ii) terminate this agreement and your use of the Website or Services with or without cause.
Upon termination of these Terms, you shall destroy and remove from all websites, applications, computers, hard drives, networks, and other storage media all copies of the Service, you shall stop using all aspects of the Service, and you shall certify to us that such actions have occurred. We shall have the right to inspect and audit your websites, applications, and facilities to confirm the foregoing.
11. Grievance Officer
Sections 4 (Disclaimers and Limitations), 5 (Intellectual Property Rights), 7 (Limitation of Liability), 8 (Indemnity), 10 (Term and Termination), 11 (Grievance Officer) and 12 (General Provisions) shall survive termination of this agreement.
In order to address any questions or grievances that you may have regarding the use of the Website, please contact our grievance officer (“Grievance Officer”) in the following manner:
Name: Divyashree Suri
12. General Provisions
Modification We reserve the right to modify, suspend, or discontinue the Website and any Services provided vide the Website (in whole or in part) with or without notice to you, in our sole discretion. This includes requiring you to create a user account and providing us with certain personal information to us, as well as charging you a fee for any of the Services we deem fit. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or Services or any part thereof. If a modification to these Terms, or use restrictions is unacceptable to you, you should immediately stop and discontinue your access and use of the Website and the Services. Continued use of the Website and/or Service will be deemed acceptance of any such modifications.
These Terms and any action related thereto will be governed by the laws of New Delhi. Any disputes arising out of or related to the Terms, Website, or the services (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in New Delhi. Any and all Disputes shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by you and us mutually. The seat and venue of arbitration shall be New Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.
You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction.
Unless otherwise stated expressly, any delay or failure in our exercising of any rights/remedies arising out of these Terms and/or other policies available on the Website, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.
Copyright Notice If you believe that that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us at email@example.com with the following information in writing:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient for us to contact you, such as your address, telephone number, and e-mail address; and
A statement 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 law.
You consent to receiving communications from us electronically. This shall include notifications and other communications related to our Website, information and other content and services. We will communicate with you by e-mail, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Website and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.
If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.
We may update, change and alter these Terms without notice to you. Please visit this page from time to time to remain aware.