These
Terms of Use
constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (“you”)
and IFELSE
TECHSMART SOLUTION PTV LTD
("
Company
", “we”,
“us”, or “our”), concerning your access to and
use of the https://www.visitdesk.io/ website as
well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively, the
“Site”).
We are registered in
India
and have our registered office at 16/4, Salai Street,
, Choolai
, Chennai
, Tamil Nadu
600112
.
You agree that by accessing the Site, you have read, understood, and agree
to be bound by all of these
Terms of Use
. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE
, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time
to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these
Terms of Use
from time to time
. We will alert you about any changes by updating the “Last updated”
date of these
Terms of Use
, and you waive any right to
receive specific notice of each such change. Please ensure that you check
the applicable Terms every time you use our Site so that you understand
which Terms apply. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised
Terms of Use
by your continued use of the
Site after the date such revised
Terms of Use
are posted.
The
information provided on the Site is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use this Site.
You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
Unless
otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly provided
in these
Terms of Use
, no part of the Site and no
Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided
that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
By
using the Site, you represent and warrant that:
(1) all registration
information you submit
will be true, accurate, current, and complete; (2) you will maintain
the accuracy of such information and promptly update such
registration information as
necessary;
(3) you have the legal capacity
and you agree to comply with these
Terms of Use
;
(4) you are not a
minor in the jurisdiction in which you reside
;
(5) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for
any illegal or unauthorized
purpose; and (7) your use of the Site
will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof).
4.
USER REGISTRATION
You
may be
required to register with the Site. You agree to keep your
password
confidential and will be responsible for all use of your account
and password.
We reserve the right to remove, reclaim, or change a username
you select if we
determine, in our sole discretion, that such username is
inappropriate,
obscene, or otherwise objectionable.
We accept the following forms
of payment:
You may be required
to purchase or pay a fee to access some of our services. You agree to
provide current, complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment
method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an online
billing account for purchases made via the Site. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices
at any time. All payments shall be in U.S. dollars
or Indian Rupees .
You
agree to pay all charges or fees at the prices then in effect for your
purchases, and you authorize us to charge your chosen payment provider
for any such amounts upon making your purchase.
If
your purchase is subject to recurring
charges, then you consent to our charging your payment
method on a recurring basis without requiring your prior
approval for each recurring charge, until you notify us of
your cancellation.
We reserve the right
to correct any errors or mistakes in
pricing, even if we have already requested or received payment. We also
reserve
the right to refuse any order placed through the Site.
We
offer a 14 -day free trial to new users
who register with the Site.
You will be automatically downgraded to
the Basic Free plan.
at the end of the free trial.
If you
are unsatisfied with our services, please email us at
hello@visitdesk.io
or call us at
+919884899868
.
8.
SOFTWARE
We
may include software for use in connection with our
services. If such software is accompanied by an end user
license agreement (“EULA”), the terms of the EULA will
govern your use of the software. If such software is not
accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to use
such software solely in connection with our services and in
accordance with these
Terms of Use
. Any Software
and any related documentation is provided “as is” without
warranty of any kind, either express or implied, including,
without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or
non-infringement. You accept any and all risk arising out of
use or performance of any Software. You may not reproduce or
redistribute any software except in accordance with the EULA
or these
Terms of Use
.
You
may not access or use the Site for any purpose other than that for which we make
the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use
the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
-
Use the Site to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile. -
Customer shall not, and shall not permit anyone to: (i) copy or republish the SaaS Services or Software, (ii) make the SaaS Services available to any person other than authorized users (iii) use or access the SaaS Services to provide service bureau, time-sharing or other computer hosting services to third parties (iv) modify or create derivative works based upon the SaaS Services or Documentation (v) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the software used to provide the SaaS Services or in the Documentation (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software used to provide the SaaS Services, except and only to the extent such activity is expressly permitted by applicable law (vii) access the SaaS Services or use the Documentation in order to build a similar product or competitive product. Subject to the limited licenses granted herein, Accqrate shall own all right, title and interest in and to the Software, services, Documentation, and other deliverables provided under this SaaS Agreement, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein. Customer agrees to assign all right, title and interest it may have in the foregoing to Accqrate.
10.
USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner
of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us,
the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and
these
Terms of Use . - You have the written consent,
release, and/or permission of each and every
identifiable individual person in your Contributions to
use the name or likeness of each and every such
identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by
the Site and these
Terms of Use . - Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used
to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against
a specific person or class of people.
- Your Contributions do not
violate any applicable law, regulation, or
rule.
- Your Contributions do not
violate the privacy or publicity rights of any third
party.
- Your Contributions do not
violate any applicable law concerning child pornography,
or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to
race, national origin, gender, sexual preference, or
physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates,
any provision of these
Terms of Use , or any applicable law or regulation.
Any
use of the Site in violation of the foregoing violates these
Terms of Use
and may result
in, among other things, termination or suspension of your rights
to use the Site.
11.
CONTRIBUTION LICENSE
This
license will apply to any form, media, or technology now known
or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your
Contributions.
We
do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize
any Contributions to place them in more appropriate locations on the
Site; and (3) to pre-screen or delete any Contributions at any time
and for any reason, without notice. We have no obligation to monitor
your Contributions.
12.
GUIDELINES FOR REVIEWS
We
may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1)
you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity,
or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether
positive or negative.
We
may accept,
reject, or remove reviews in our sole discretion. We have
absolutely no
obligation to screen reviews or to delete reviews, even if
anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by
us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We
do not assume liability for any review or
for any claims, liabilities, or losses resulting from any
review. By posting a
review, you hereby
grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable,
and
sublicensable right and license to reproduce, modify, translate,
transmit by
any means, display, perform, and/or distribute all content
relating to reviews.
13.
MOBILE APPLICATION LICENSE
Use
License
If
you access the Site via a mobile application, then we grant you
a revocable, non-exclusive, non-transferable, limited right to
install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the
mobile application on such devices strictly in accordance with
the terms and conditions of this mobile application license
contained in these
Terms of Use
.
You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive
the source code of, or decrypt the application; (2) make any
modification,
adaptation, improvement, enhancement, translation, or derivative
work from the
application; (3) violate any applicable laws, rules, or
regulations in
connection with your access or use of the application; (4)
remove, alter, or
obscure any proprietary notice (including any notice of
copyright or trademark)
posted by us or the licensors of the application; (5) use the
application for
any revenue generating endeavor, commercial enterprise, or other
purpose for
which it is not designed or intended; (6) make the application
available over a
network or other environment permitting access or use by
multiple devices or
users at the same time; (7) use the application for creating a
product,
service, or software that is, directly or indirectly,
competitive with or in
any way a substitute for the application; (8) use the
application to send
automated queries to any website or to send any unsolicited
commercial e-mail;
or (9) use any proprietary information or any of our interfaces
or our other
intellectual property in the design, development, manufacture,
licensing, or
distribution of any applications, accessories, or devices for
use with the
application.
The
following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site: (1) the license granted to you
for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the
Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to
the mobile application as specified in the terms and conditions
of this mobile application license contained in these
Terms of Use
or as otherwise
required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile
application to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor,
in accordance with its terms and policies, may refund the
purchase price, if any, paid for the mobile application, and to
the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever
with respect to the mobile application; (4) you represent and
warrant that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting”
country and (ii) you are not listed on any U.S. government list
of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must
not be in violation of their wireless data service agreement
when using the mobile application; and (6) you acknowledge and
agree that the App Distributors are third-party beneficiaries of
the terms and conditions in this mobile application license
contained in these
Terms of Use
, and that each
App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this
mobile application license contained in these
Terms of Use
against you as a
third-party beneficiary thereof.
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions") provided by
you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
15.
THIRD-PARTY
WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or
items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through
the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and
access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should
be aware these
Terms of Use
no longer govern.
You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which
you navigate from the Site or relating to any applications you
use or install from the Site. Any purchases you make through
Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and
the applicable third party. You agree and acknowledge that we do
not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you
shall hold us harmless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
16. U.S.
GOVERNMENT RIGHTS
Our
services are “commercial items” as defined in Federal Acquisition Regulation
(“FAR”) 2.101. If our services are acquired by or on behalf of any agency
not within the Department of Defense (“DOD”), our services are subject to
the terms of these
Terms of Use
in accordance with FAR 12.212
(for computer software) and FAR 12.211 (for technical data). If our services
are acquired by or on behalf of any agency within the Department of Defense,
our services are subject to the terms of these
Terms of Use
in accordance with Defense
Federal Acquisition Regulation (“DFARS”) 227.7202-
3.
In addition, DFARS 252.227-7015
applies to technical data acquired by the DOD. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause
or provision that addresses government rights in computer software or
technical data under these
Terms of Use
.
We
reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these
Terms of Use
; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these
Terms of Use
, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
18.
PRIVACY POLICY
We
care about data privacy and security. Please review our Privacy
Policy:
https://www.visitdesk.io/privacy-policy
. By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these
Terms of Use
. Please be advised
the Site is hosted in
India
. If you access the
Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
India
, then through your continued use of the Site,
you
are transferring your data to
India
, and you agree to have your data transferred to and
processed in
India
.
19.
COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe
that any material available on or through the Site infringes upon
any copyright you own or control, please immediately notify us using
the contact information provided below (a “Notification”). A copy of
your Notification will be sent to the person who posted or stored
the material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are
not sure that material located on or linked to by the Site infringes
your copyright, you should consider first contacting an
attorney.
These
Terms of Use
shall remain in full force and
effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE
, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE
OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we
terminate
or suspend your account for any reason, you are prohibited from registering
and
creating a new account under your name, a fake or borrowed name, or the name
of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
We
reserve the right to change, modify, or remove the contents of the Site at any
time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Site.
We
cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Site, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Site at
any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site during any downtime or discontinuance of the
Site. Nothing in these
Terms of Use
will be construed to obligate us
to maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
These Terms shall be governed by and defined following
the laws of
India
. IFELSE
TECHSMART SOLUTION PTV LTD and yourself irrevocably consent that the
courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise
in connection with these terms.
Binding
Arbitration
Any dispute arising out of or in connection with this
contract, including any question regarding its existence, validity, or termination,
shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146) according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The number of arbitrators
shall be two (2) . The seat, or legal place, of
arbitration shall be
Chennai ,
India
. The language to be used in the arbitral proceedings
shall be English . The governing law of the contract
shall be the substantive law of
India
.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or
any other persons.
24.
CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the
Site at any time, without prior notice.
25.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
26. LIMITATIONS OF
LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID,
IF ANY, BY YOU TO
US
DURING THE SIX (6) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR
THE EXCLUSION OR
LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR
ALL OF THE ABOVE
DISCLAIMERS OR
LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL
RIGHTS.
27.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party
due to or arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these
Terms of Use
; (4) any breach of your
representations and warranties set forth in these
Terms of Use
; (5) your violation of the rights of
a third party, including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
28. USER
DATA
We will maintain certain data that you transmit to the Site
for the purpose of managing the performance of the Site, as well as data relating to
your use of the Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any activity
you have undertaken using the Site. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
29. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic
means.
30. CALIFORNIA USERS
AND RESIDENTS
If any complaint with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
31. MISCELLANEOUS
These
Terms of Use
and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement
and understanding between you and us. Our failure to exercise or enforce any right
or provision of these
Terms of Use
shall not operate as a waiver of such
right or provision. These
Terms of Use
operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any provision
or part of a provision of these
Terms of Use
is determined to be unlawful, void,
or unenforceable, that provision or part of the provision is deemed severable from
these
Terms of Use
and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these
Terms of Use
or use of the Site. You agree that
these
Terms of Use
will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these
Terms of Use
and the lack of signing by the
parties hereto to execute these
Terms of Use
.
32. CONTACT US
In order
to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at: