Terms and Conditions governing access and operations by Members and their Users to CCIL/Clearcorp’s Report Browser

  1. This Document sets out the terms and conditions governing access and operations by Members and their Users to CCIL/Clearcorp’s Report Browser;


  2. Access to the Report Browser shall generally be restricted to the Members of various Business Segments of CCIL/Clearcorp and their authorised Users under the extant provisions of the Bye Laws, Rules and Regulations of CCIL/Clearcorp;


  3. CCIL/Clearcorp shall have the discretion to extend access to the Report Browser to other non-member entities also subject to such terms and conditions as may be decided by them on a case to case basis;


  4. Access to the Report Browser by a Member shall at all times be restricted to their authorised officials only;


  5. Based on a specific request being received from its Member in the format prescribed for the purpose, CCIL shall create and activate one designated User for every Member who would be responsible for creating, managing, assigning roles/access privileges, monitoring other Users of the Member accessing and operating on the Report Browser. All actions taken by this designated User shall be binding on the concerned Member;


  6. Members shall identify and create their Users after careful consideration and necessary prior approvals as required in terms of their internal policies in this regard;


  7. All Users created for the Report Browser would need to be approved by CCIL. Mere creation of a User by a Member would not automatically grant the User access to the Report Browser as they would need to be first approved by CCIL. Every Member shall arrange to obtain such approval;


  8. The Report Browser is accessible over both the INFINET as also over the Internet. At the time of deciding on the mode of access for a User, due care should be taken to ensure that all security and performance concerns are properly addressed and ensured such that there will not be any cause for concern on these counts;


  9. As part of User creation, every User needs to be assigned a specific role profile which in turn would determine the Member Reports would gain access to. While doing so, every care should be taken to ensure that the role and access profiles are identified and assigned in a manner whereby the concerned User is given access to only those Reports that he/she is required to view and download in keeping with his/her extant role responsibilities;


  10. Every User shall adhere to the User Log-in and Password Policy as implemented in the Report Browser;


  11. Every Member shall keep CCIL promptly posted about any changes to any of the details provided by them in respect of any of their Users;


  12. It shall be the responsibility of every Member to ensure that the necessary IT infrastructure is always available at their end for ensuring speedy, secure and efficient performance;


  13. CCIL/Clearcorp and all their officials shall always stand indemnified against any forms of losses, claims, damages, penalties, liabilities and/or any consequences arising out of the unauthorised access to the Report Browser by any of the officials of any Member or misuse of the User IDs/Passwords of any User of any Member;


  14. CCIL/Clearcorp shall not be liable for unavailability of any Report or Data for viewing and/or downloading or for any failure on the part of CCIL/Clearcorp to perform any of its obligations under these terms and conditions due to any Force Majeure event (defined below) and in such case their obligations shall be suspended for so long as the Force Majeure event continues.
     Force Majeure Event shall mean any event due to any cause beyond the reasonable control of CCIL/Clearcorp, including without limitations, unavailability of   any communication systems, breach, or virus in the processes or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, riots, strikes or industrial action of any kind, insurrection, war, acts of Government, computer crashes, malfunctioning in the computer terminal or computer systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc;


  15. Failure to enforce any rights conferred by these terms and conditions or any law shall not be deemed to be a waiver of any such rights or operate so as to the exercise or enforcement thereof at any subsequent time;


  16. CCIL/Clearcorp has no means of verifying the true identity of the person accessing information on the Report Browser except details of the User Log-in ID and Password utilised by the concerned User on the basis of which the other information provided in respect of the concerned User can be linked. Access gained by an unauthorised User through misuse of a genuine User ID and Password obtained by him/her in respect of a genuine User will result in the latter rendering himself/herself liable for appropriate legal and other action as requisite in addition to whatever action that may be taken against the unauthorised User. It is therefore the primary responsibility of every User of the Report Browser that all information pertaining to his/her access to the Report Browser is kept extremely secure and confidential to guard against any possibility of misuse;


  17. Every Member who has been granted access to the Report Browser undertakes to ensure that they and all their Users shall always adhere to and abide by all terms and conditions governing the use of the Report Browser, as applicable from time to time, including any Orders, Circulars, Directives and/or Notifications relating thereto and that they shall at all times constitute a legally binding contract between the Member on the One Part and CCIL/Clearcorp on the other;


  18. CCIL/Clearcorp has the absolute right and discretion to amend, modify or supplement any of the terms herein contained at any time. All Users shall be governed by the amended/modified terms and conditions with effect from when the same comes into effect;


  19. CCIL/Clearcorp may at their sole discretion, as it deems fit and proper, including but not limited to suspension or termination of membership, may either wholly or in part, withdraw, suspend or terminate a Member’s or User’s access to their Report Browser. They shall also have the absolute right and sole discretion to restore the facility on due and timely performance/discharge/fulfilment by the concerned Member and/or User as applicable and set out by CCIL/Clearcorp in this regard;


  20. These terms and conditions governing the operations of a Member and their Users in respect of the Report Browser shall be governed by the Laws of the Republic of India and no other nation. It is clearly understood by every Member and every User of every Member that merely because the Report Browser may be accessible from a country other than India, the same shall not be interpreted to imply that the laws of the said country govern these terms and conditions;


  21. Every member as well as Clearcorp/CCIL agrees to submit to and adopt the procedure for dispute resolution as set out in the Bye Laws, Rules and Regulations of CCIL/Clearcorp.