- This Document sets out the terms and conditions governing access and operations
by Members and their Users to CCIL/Clearcorp’s Report Browser;
- 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;
- 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;
- Access to the Report Browser by a Member shall at all times be restricted to their
authorised officials only;
- 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;
- 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;
- 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;
- 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;
- 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;
- Every User shall adhere to the User Log-in and Password Policy as implemented
in the Report Browser;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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.
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