Terms of Use
1. ACCEPTANCE AND BINDING EFFECT
These Terms of Use ("Terms"), together with the Privacy Policy and any additional terms published on this website, constitute a binding legal agreement between the visitor or user ("User," "you," "your") and Dr John Mathews, an individual consulting professional based in Mumbai, India ("Organization," "we," "our," "us," "Service Provider").
By accessing, browsing, or using this website in any manner whatsoever, whether by viewing content, downloading materials, submitting forms, requesting reports, or engaging in any other interaction, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to be bound by these Terms in their entirety, you must immediately cease accessing and using this website.
The Organization reserves the right to modify these Terms at any time. Such modifications become effective upon publication on this website. Your continued use of the website following such publication constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for updates.
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2. ELIGIBILITY AND RESTRICTIONS​
2.1 Eligibility Requirement
This website and the services offered herein are intended exclusively for individuals and organizations seeking information or consulting services related to anti-money laundering, financial crime compliance, and regulatory risk management for professional, business, or educational purposes.
You represent and warrant that:
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You are at least eighteen (18) years of age or older.
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You possess the legal capacity to enter into binding agreements.
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You are authorized to accept these Terms on behalf of your organization (if accessing for organizational purposes)
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Your use of the website and services is for lawful purposes only.
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Your use does not violate any applicable law, regulation, or third-party right.
If you do not meet these eligibility criteria, you are not permitted to use this website.
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2.2 Jurisdictional Restrictions
This website is operated from India and is subject to Indian law. Users accessing this website from jurisdictions where such access is prohibited or restricted are responsible for compliance with applicable local laws. The Organization is not responsible for determining whether your access or use complies with local law.
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3. INTELLECTUAL PROPERTY RIGHTS AND PERMITTED USE
3.1 Ownership of Intellectual Property
All intellectual property embodied in, arising from, or associated with this website is and shall remain the exclusive property of Dr John Mathews, unless expressly stated otherwise. This includes, without limitation, all copyrights, trademarks, service marks, trade names, logos, trade dress, domain names, database rights, design rights, moral rights, and all other proprietary or intellectual property rights, whether registered or unregistered, subsisting under Indian law or any other applicable jurisdiction.
Without limitation, the Organization expressly asserts ownership over all original content and materials published on this website, including but not limited to written articles, blogs, white papers, explanatory materials, frameworks, diagrams, illustrations, presentations, downloadable resources, website structure and layout, user interfaces, workflows, and compilations thereof.
The analytical frameworks, methodologies, concepts and models presented on this website, including the DAREM model, the “Goldilocks Approach to Anti-Money Laundering”, and all associated logic, structure, weighting methodologies, scoring logic, classifications, decision trees, interpretive frameworks and analytical assumptions, constitute proprietary intellectual property and confidential know-how of the Organization.
These proprietary elements are protected under applicable laws relating to copyright, confidential information, trade secrets, unfair competition and passing off. The disclosure of any such framework or model through this website does not constitute a waiver of any intellectual property rights, nor does it grant any licence or right to use such methodologies beyond the limited purposes expressly permitted under these Terms.
3.2 No Transfer or Assignment of Rights
Nothing contained on this website, whether by implication, estoppel or otherwise, shall be construed as granting, assigning or transferring any intellectual property rights to any user. All rights not expressly granted are reserved in full by the Organization.
Access to the website, viewing of content, generation of an indicative DAREM report, or communication with the Organization does not confer upon any user any ownership interest, licence, or proprietary right in respect of any intellectual property belonging to the Organization.
3.3 Limited License and Permitted Use
Subject strictly to compliance with these Terms, the Organization grants users a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and view the content on this website solely for internal, non-commercial, educational and informational purposes.
This limited licence permits users to:
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read and review published content for personal or internal organisational understanding;
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generate and internally review an indicative DAREM assessment report for educational purposes; and
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evaluate whether the Organization’s consulting services or publications may be of interest.
This licence does not permit any form of commercial exploitation, redistribution, republication, or derivative use.
3.4. Prohibited Uses and Restrictions
Without the prior express written consent of the Organization, users shall not, directly or indirectly:
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reproduce, copy, download, store, distribute, transmit, publish, display, perform or otherwise disseminate any content from the website;
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adapt, modify, translate, abridge, annotate, or create derivative works from any content, framework or report;
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incorporate any content, framework or analytical logic into training materials, compliance manuals, software tools, products, presentations, audits, advisory services or commercial offerings;
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reverse engineer, decompile, disassemble, infer, extract or attempt to reconstruct the logic, structure, methodology or weighting of the DAREM model or any proprietary framework;
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scrape, mine, harvest or systematically extract data, content or analytical outputs using automated tools;
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remove, alter or obscure any copyright notices, trademarks or proprietary legends; or
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represent, directly or indirectly, that any proprietary framework or output originated from or is endorsed by the user.
Any unauthorized use shall constitute a material breach of these Terms and may give rise to civil and criminal liability under applicable law.
3.5. Citation, Referencing, and Academic Use
Limited citation of publicly accessible, non-confidential content from the website may be permitted for bona fide academic, journalistic or research purposes, provided that:
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the citation is factual and non-derivative;
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no proprietary methodology, logic, or framework is disclosed;
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the content is properly attributed to Dr John Mathews; and
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such citation does not imply endorsement, collaboration or affiliation.
Any use beyond fair quotation, including incorporation into training materials, policy documents, compliance frameworks, or advisory outputs, requires prior written permission.
3.6. User Submissions and Feedback
Any information, suggestions, feedback or non-confidential material submitted by users through the website (excluding personal data governed by the Privacy Policy) shall be deemed non-confidential and may be used by the Organization for lawful purposes, including improving services, methodologies or content, without any obligation to compensate the user.
Notwithstanding the above, ownership of any intellectual property pre-existing in user submissions remains with the submitting party, provided such submission does not infringe third-party rights.
3.7. Enforcement and Remedies
The Organization reserves the right to take all lawful action in response to infringement or misuse of its intellectual property, including but not limited to:
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suspension or termination of access to the website;
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issuance of cease-and-desist notices;
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takedown requests;
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civil proceedings for injunctive relief, damages and account of profits; and
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pursuit of criminal remedies where applicable.
No failure or delay in enforcing intellectual property rights shall operate as a waiver of such rights.
3.8. Survival
All provisions relating to intellectual property ownership, restrictions, and enforcement shall survive termination of access to the website and continue in full force and effect.
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3.9 Third-Party Content
Some content on this website may be sourced from or reference third-party materials, including published articles, regulatory guidance, case law, or industry best practices. Such third-party content is included for educational and reference purposes only. The Organization does not assert ownership of third-party content but respects the intellectual property rights of the original authors and publishers. Users are responsible for compliance with any licensing or attribution requirements associated with third-party content.
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4. ACCEPTABLE USE AND CONDUCT
4.1 Prohibited Activities
You covenant and agree that you will NOT use this website to:
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Engage in any illegal activity or violate any applicable law, statute, regulation, or ordinance.
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Transmit malware, viruses, worms, Trojan horses, ransomware, or any software code designed to damage, disable, or compromise systems.
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Attempt to gain unauthorized access to accounts, systems, or restricted areas of the website.
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Disrupt, degrade, or interfere with the functioning or performance of the website.
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Engage in "denial of service" attacks or other activities that overload or incapacitate systems.
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Harvest, scrape, or automatically collect data from the website using robots, spiders, crawlers, or similar automated tools.
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Phish, spoof, or impersonate the Organization or any other entity.
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Engage in harassment, abusive language, hate speech, or discriminatory conduct.
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Transmit unsolicited bulk communications, spam, or advertisements.
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Engage in competitive intelligence gathering or commercial espionage.
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Reverse engineer or attempt to derive proprietary methodologies or analytical approaches.
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Violate the intellectual property rights of the Organization or third parties.
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Engage in any conduct that is deceptive, fraudulent, or misleading.
4.2 Warranties Regarding Your Conduct
You represent and warrant that:
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You are authorized to submit any data or information that you provide through this website.
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You own or have secured all necessary rights and permissions regarding any information you submit.
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The information you submit is accurate, complete, and not misleading.
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Your submission and use of the website do not infringe upon the intellectual property, privacy, or other legal rights of any third party.
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You will comply with all applicable laws and regulations in your jurisdiction regarding your use of the website.
5. NATURE OF SERVICES AND ENGAGEMENT TERMS
5.1 Consulting Services
This website provides general information, educational content, and indicative assessment reports related to anti-money laundering and financial crime compliance. The website does NOT constitute an offer to provide professional consulting services or establish an attorney-client, accountant-client, or consultant-client relationship.
No Consulting Relationship Without Written Agreement: A professional consulting engagement relationship is established ONLY where:
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A data principal has submitted a consulting inquiry, and the Organization has explicitly agreed to provide consulting services in response
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A separate, written consulting agreement has been executed between the data principal's organization and the Organization
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The consulting agreement specifies the scope of services, fees, deliverables, timeline, and terms
Visiting this website, browsing content, or submitting a contact form does NOT create a consulting relationship. The Organization reserves the right to decline any consulting inquiry or to decline to enter into a consulting engagement for any reason, including perceived conflicts of interest, resource constraints, or unsuitability of the potential engagement.
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5.2 Educational and Informational Nature of DAREM Reports
The DAREM assessment report is generated automatically based on data inputs you provide through the form. The report is generated for educational and informational purposes only and carries the following characteristics and limitations:
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Indicative Only: The assessment is indicative in nature and reflects general assessment methodologies, not comprehensive analysis of your organization
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No Professional Advice: The report does NOT constitute professional advice, audit finding, consulting opinion, legal analysis, or regulatory guidance
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Limited Scope: The assessment is based solely on the information you voluntarily provide through the form and does not incorporate institutional knowledge, interviews, documentation review, or other analytical techniques
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Educational Value: The report is intended to inform and educate about AML control frameworks and may highlight areas of potential concern or strength, but does not provide professional recommendations
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Verification Required: You are responsible for verifying the accuracy and completeness of the inputs you provide. Errors, omissions, or inaccuracies in input data will result in errors in the report output
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Not a Substitute for Professional Engagement: The report is NOT a substitute for engagement with qualified compliance professionals, external auditors, or legal counsel
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User Acknowledgment: By requesting a DAREM report, you acknowledge and agree that:
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You have read and understood these limitations
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You will not rely solely on the report for any compliance decisions or regulatory submissions
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You will consult with qualified professionals before taking any action based on the report
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You accept all risk associated with reliance on the report
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The Organization is not liable for any consequences arising from reliance on the report
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5.3 Non-Professional Nature of Website Content
All articles, blogs, commentary, and educational content published on this website are provided for general informational and educational purposes only. Such content:
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Does NOT constitute professional legal advice, audit opinion, regulatory guidance, or consulting recommendation
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Does NOT address your specific legal, compliance, or organizational circumstances
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Is NOT a substitute for engagement with qualified legal counsel, compliance professionals, external auditors, or regulatory consultants
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Reflects general principles and may not apply to your specific situation
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May contain simplified explanations of complex regulatory or legal concepts
General Information vs. Professional Advice: Users must understand the distinction between general information (which is provided herein) and professional advice (which requires a formal consulting engagement and is not provided through this website). General information cannot be tailored to your specific circumstances, does not account for your organization's unique risks, and should not be the sole basis for compliance decisions.
6. THIRD-PARTY LINKS AND EXTERNAL WEBSITES
This website may contain links to third-party websites, including websites for purchasing books or educational materials ("Buy Now" links), references to regulatory agencies, research institutions, or industry publications. These links are provided for convenience and reference only.
No Endorsement or Liability: The Organization does NOT:
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Endorse, control, or assume responsibility for the content, accuracy, or legality of third-party websites
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Guarantee the quality, completeness, or timeliness of third-party content
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Assume liability for any harm, damage, or loss arising from your access to or reliance on third-party websites or content
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Control pricing, availability, or service terms on third-party websites
Your Responsibility: Before engaging with third-party websites or purchasing products or services, you are responsible for:
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Reviewing the third-party website's terms of service and privacy policy
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Evaluating the credibility and reliability of the third party
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Verifying current pricing and product information
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Complying with any licensing or usage restrictions imposed by the third party
Your access to third-party websites and engagement with third-party services are governed exclusively by the third party's terms and policies, not by these Terms.
7. DISCLAIMERS AND LIMITATIONS ON LIABILITY
7.1 "As Is" Basis
This website, all content, and all services or information provided herein are offered on an "AS IS" and "AS AVAILABLE" basis without any warranties, representations, or guarantees of any kind, whether express or implied.
The Organization DISCLAIMS all warranties, including but not limited to:
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Warranties of merchantability (that the website is suitable for sale or commercial purposes)
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Warranties of fitness for a particular purpose (that the website will meet your specific requirements or objectives)
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Warranties of non-infringement (that the website does not infringe upon third-party intellectual property rights)
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Warranties of accuracy, completeness, currency, or reliability of content
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Warranties regarding system performance, uptime, availability, or uninterrupted service
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Warranties that errors or defects will be corrected
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Warranties that the website is free from malware, viruses, or harmful code
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7.2 No Liability for Content
The Organization is not liable for:
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Errors, omissions, inaccuracies, or incompleteness of any content
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Reliance by any user on content that proves to be inaccurate or misleading
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Consequences arising from your application of general information to your specific circumstances
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Harm or damage resulting from your reliance on educational content in place of professional advice
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Technical inaccuracies or misconceptions in explanations of complex legal or regulatory concepts
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7.3 Limitation of Liability
To the maximum extent permitted under applicable law, the total and aggregate liability of the Organization, whether arising in contract, tort (including negligence), statute, misrepresentation, restitution, equity or otherwise, and whether arising out of or in connection with the website, its content, any tools, reports, services, information or materials made available through it, shall be strictly limited to the lower of:
(a) the total fees, if any, actually paid by you to the Organization for the specific service giving rise to the claim during the three (3) months immediately preceding the event giving rise to such claim; or
(b) Indian Rupees Fifty Thousand (INR 50,000).
This limitation shall apply in the aggregate to all claims, causes of action and liabilities of every kind and shall apply irrespective of the number of claims asserted, the legal theory invoked, or whether the alleged liability arises from breach of contract, negligence, gross negligence, misrepresentation, intellectual property infringement, failure of consideration, or otherwise.
For the avoidance of doubt, where no fees have been paid by you to the Organization in relation to the relevant service, the Organization shall have no monetary liability whatsoever, save and except to the extent such limitation is expressly prohibited by mandatory law.
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7.4 Exclusion of Consequential Damages
In no event shall the Organization be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
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Loss of profit or revenue
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Loss of business opportunity or goodwill
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Loss of data, information, or records
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Loss of use or functionality
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Regulatory fines or penalties imposed on your organization
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Reputational harm or damage to your organization
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Cost of procurement of substitute services
This exclusion applies even if the Organization has been advised of the possibility of such damages.
7.5 Basis for Limitation
These limitations on liability are fundamental to the consideration supporting this agreement and reflect the allocation of risk between the parties. You acknowledge and accept these limitations as a condition of receiving the information and services provided herein.
8. INDEMNITY AND HOLD HARMLESS
You agree to indemnify, defend, and hold harmless Dr John Mathews and all associated entities, agents, employees, and advisers from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
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Your breach of any provision of these Terms or the Privacy Policy
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Your violation of any applicable law, regulation, or third-party right
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Your use of the website in violation of these Terms
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Any content or information you submit through the website (including consulting inquiries or DAREM report data)
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Your violation of intellectual property rights
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Any harm, damage, or loss caused by your conduct or use of the website
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Third-party claims arising from your actions or use of services
This indemnity is conditioned on the Organization:
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Providing you with prompt written notice of the claim
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Granting you sole control of the defence and settlement (provided settlements do not admit liability on behalf of the Organization without the Organization's consent)
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Providing you with reasonable cooperation in the defence
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9. GOVERNING LAW AND JURISDICTION
These Terms and all matters relating to your use of this website and any services provided herein are governed by and shall be construed in accordance with the laws of India, specifically the laws of the State of Maharashtra, without regard to conflicts of law principles.
Exclusive Jurisdiction: Both parties irrevocably consent to the exclusive jurisdiction and venue of the courts located in Mumbai, Maharashtra, India, for resolution of any disputes, claims, or legal proceedings arising from or related to these Terms or your use of the website. You waive any objection to venue in these courts and any claim that such courts are an inconvenient forum.
Dispute Resolution: Before initiating formal litigation, the parties agree to attempt resolution of disputes through good-faith negotiation. If negotiation is unsuccessful, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996 (if mutually agreed).
10. PROFESSIONAL CONDUCT AND BAR COUNCIL COMPLIANCE
10.1 Informational Nature and No Implied Engagement
This website is operated for the purpose of disseminating information, thought leadership, analytical frameworks and educational material relating to anti-money laundering, compliance risk and governance, and to provide a platform through which interested users may learn about, enquire into, or request further information regarding consulting services, publications and related offerings made available by the Organization.
The availability of information, tools, reports, contact details or enquiry forms on this website does not, by itself, constitute the provision of professional advice, nor does it create or imply any consulting, advisory, fiduciary or professional relationship between you and the Organization. Any consulting or advisory services are offered strictly on a commercial basis and shall arise only pursuant to a separate, written engagement agreement executed between the parties.
Nothing contained on this website shall be construed as legal advice, regulatory advice, audit advice or as a solicitation of legal work, nor shall it be interpreted as creating obligations beyond those expressly agreed in writing. Users remain free to choose whether or not to engage the Organization’s services or purchase any publications or materials, and any such decision is taken at the user’s sole discretion and risk.
10.2 Visitor Acknowledgment of Self-Initiated Access
By accessing this website, you acknowledge and confirm that:
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You are accessing this website of your own volition and entirely at your own initiative
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No solicitation, invitation, inducement, or advertisement has been made by the Organization to encourage your access
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Your visit is voluntary and self-initiated
10.3 No Client Relationship
Visiting this website, reading content, submitting a contact form, or engaging in preliminary discussion does NOT establish a consulting relationship. A formal consulting engagement is established only through:
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Explicit written agreement to provide consulting services
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Execution of a separate consulting services agreement specifying scope, fees, timeline, and deliverables
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Confirmation of engagement in writing by the Organization
11. MODIFICATION, SUSPENSION, AND TERMINATION
11.1 Right to Modify Services
The Organization reserves the right to modify, suspend, or discontinue any aspect of this website or its services, including but not limited to:
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Modification of website design, functionality, or user interface
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Removal or addition of content
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Modification of the DAREM model or assessment methodology
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Suspension of the DAREM tool or other services
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Discontinuation of the website itself
Such modifications will be effective upon publication unless advance notice is required by law.
11.2 Termination of Access
The Organization reserves the right to terminate your access to the website at any time, with or without cause, and without liability. Grounds for termination may include:
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Violation of these Terms or any applicable law
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Violation of the acceptable use policy
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Attempts to reverse engineer or compromise proprietary systems
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Abusive, harassing, or threatening conduct
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Non-payment of fees for consulting services
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Any conduct the Organization deems harmful to its interests or other users
Upon termination, all licenses and rights granted to you automatically cease.
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12. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
These Terms, together with the Privacy Policy and any additional terms published on this website, constitute the entire agreement between you and the Organization regarding your use of the website and services. These Terms supersede all prior negotiations, representations, and agreements, whether written or oral, relating to this subject matter.
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13. CONTACT AND SUPPORT
For questions, support requests, or concerns regarding these Terms, the website, or services provided, please contact:
Dr John Mathews
Email: hello@drjohnmathews.com
