We are
Proaxis Scitech Private Limited, doing business as Proaxis Solutions
('Company', 'we', 'us', or 'our'), a company registered in India at 3, Kempanna
Road, Maruthiseva Nagar, Bangalore, Karnataka 560033. We operate the website
https://www.proaxissolutions.com (the 'Site'), as well as any other related
products and services that refer or link to these legal terms (the 'Legal
Terms') (collectively, the 'Services').
You can
contact us by phone at 91089 68720 | 94490 68720, email at
[email protected], or by mail to #13, "City Point", SF 10,
Infantry Road, Bangalore, Karnataka 560001, India.
These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ('you'), and Proaxis Scitech Private
Limited, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound by
all these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Services 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 Legal
Terms at any time and for any reason. We will alert you about any changes by
updating the 'Last updated' date of these Legal Terms, and you waive any right
to receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be
subject to and will be deemed to have been made aware of and to have accepted,
the changes in any revised Legal Terms by your continued use of the Services
after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services. We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENCE
10. SERVICES MANAGEMENT
11. PRIVACY POLICY
12. TERM AND TERMINATION
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. MISCELLANEOUS
23. CONTACT US
OUR SERVICES
The information provided when
using the Services 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 Services 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.
INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We
are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'), as well as the trademarks, service marks, and
logos contained therein (the 'Marks').
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.
The
Content and Marks are provided in or through the Services 'AS IS' for your
internal business purpose only.
Your
use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to access the Services; and download or print a copy of any portion of the Content to which you have properly gained access. Solely for your internal business purpose.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the
Services 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.
If
you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your
request to: [email protected]. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you
must identify us as the owners or licensors of the Services, Content, or Marks
and ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately.
Your
submissions
Please
review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations
you have when you post or upload any content through the Services.
Submissions: By
directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services ('Submissions'), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.
You
are solely responsible for your Submissions, and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
USER REPRESENTATIONS
By
using the Services, 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 Legal Terms; (4) you are not under the age of 13;
(5) you are not a minor in the jurisdiction in which you reside, or if a minor,
you have received parental permission to use the Services; (6) you will not
access the Services through automated or non-human means, whether through a
bot, script or otherwise; (7) you will not use the Services for any illegal or
unauthorised purpose; and (8) your use of the Services will not violate any
applicable law or regulation.
USER REGISTRATION
You
may be required to register to use the Services. 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.
PURCHASES
AND PAYMENT
We accept the following forms of payment:
-
PayPal
-
Visa
-
Mastercard
You
agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. 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. Tax shall be applicable to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in INR.
You
agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you authorise us to charge your chosen
payment provider for any such amounts upon placing your order. We reserve the
right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We
reserve the right to refuse any order placed through the Services. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgement, appear to be placed by dealers,
resellers, or distributors.
POLICY
All
sales are final, and no refund will be issued.
PROHIBITED ACTIVITIES
You
may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with
any commercial endeavours except those that are specifically endorsed or
approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services 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 Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services 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 Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• 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 Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' 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 Services.
• 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 Services, or use or launch any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, 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 pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
USER GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content.
CONTRIBUTION LICENCE
You
and Services agree that we may access, store, process, and use any information
and personal data that you provide and your choices (including settings).
By
submitting suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without compensation to you.
SERVICES MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) initiate appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
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
Services 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
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
PRIVACY
POLICY
We
care about data privacy and security. By using the Services, you agree to be
bound by our Privacy Policy posted on the Services, which is incorporated into
these Legal Terms. Please be advised the Services are hosted in India. If you
access the Services 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 Services,
you are transferring your data to India, and you expressly consent to have your
data transferred to and processed in India.
TERM
AND TERMINATION
These legal terms shall remain in
full force and effect while you use the services. Without limiting any other
provision of these legal terms, we reserve the right to, in our sole discretion
and without notice or liability, deny access to and use of the services
(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 legal terms or of any applicable law
or regulation. We may terminate your use or participation in the services 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.
MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services. We cannot guarantee the Services
will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services 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 Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
GOVERNING LAW
These
Legal Terms shall be governed by and defined following the laws of India.
Proaxis Scitech Private Limited and yourself irrevocably consent that the
courts of India shall have exclusive jurisdiction to resolve any dispute which
may arise in connection with these Legal Terms.
DISPUTE RESOLUTION
Binding
Arbitration
Any
dispute arising out of or in connection with these Legal Terms, 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, or arbitration shall be Bangalore, India. The
language of the proceedings shall be English. The governing law of these Legal
Terms shall be 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 utilise 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.
Exceptions
to Arbitration
The
Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
CORRECTIONS
There
may be information on the Services 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
Services at any time, without prior notice.
DISCLAIMER
The
services are provided on an as-is and as-available basis. You agree that your
use of the 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
services 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 services' content or the content of any websites or
mobile applications linked to the services 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 services, (3) any unauthorised
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 services, (5) any bugs, viruses, trojan horses,
or the like which may be transmitted to or through the services 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 services. We do not
warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the services, 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 judgement and exercise
caution where appropriate.
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 services, 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. Certain 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.
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)
use of the Services;
(2)
breach of these Legal Terms;
(3)
any breach of your representations and warranties set forth in these Legal
Terms;
(4)
your violation of the rights of a third party, including but not limited to
intellectual property rights; or
(5)
any overt harmful act toward any other user of the Services with whom you
connected via the Services.
Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive
defence and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defence 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.
USER DATA
We
will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use
of the Services. 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 Services. 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.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting
the Services, 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 Services,
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 services. 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.
MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision.
These
Legal Terms 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 Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms 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 Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all defences you may have based
on the electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.
CONTACT US
To
resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Proaxis
Scitech Private Limited
13,
"City Point", SF 10, Infantry Road
Bangalore,
560001, Karnataka.
Phone:
91089 68720 | 94490 68720
Email:
[email protected]
© Copyright 2024 Proaxis Scitech Private Limited
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