BACKGROUND & DEFINITIONS
- “User“ means a person who accesses or uses the Audatex Solutions Private Limited Website and Application.
- "Website” means www.[•].com or any other website(s) and/or domain(s), owned, affiliated, or managed by AUDATEX SOLUTIONS PRIVATE LIMITED, through which it makes available [•].
AUDATEX SOLUTIONS PRIVATE LIMITED along with all its subsidiaries and affiliates (“AUDATEX”), provides the information and services on its World Wide Web site(s) (the “Site”) under the following terms and conditions. By accessing and/or using the Site, you indicate your acceptance of these terms and conditions.
LAWS AND REGULATIONS.
Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.
USE OF THE WEBSITE
- You may use the the Site for lawful purposes only. You shall not host, display, upload, modify, publish, share,post or transmit through the Site any material which violates or infringes the rights of others, or which is grossly harmful, harassing, blasphemous, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, pronographic, pedophilic, disparaging, profane, racially or ethnically objectionable, relating to or encourging money laundering, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- You agree that by hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information, you are not:
- copying, distributing, or disclosing any part of the Website and/or Mobile Application in any medium;
- transmitting spam, chain letters, or other unsolicited email;
- using information that belongs to another person, and over which you do not have any right;
- harming minors in any way whatsover;
- infringing any patent, trademark, copyright, or other proprietary rights;
- violating any law for the time being in force;
- deceiving or misleading the addressee about the origin of any messages or information, or communicates any information which is grossly offensive or menacing in nature;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents, designed to interrupt, destroy or limit the functionality of the site;
- collecting or harvesting any personally identifiable information, including account names, from the Site;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Site;
- threatening the unity, integrity, defense, security, or sovereignity of India, friendly relation with foreign states, or public order or causing incitement to the commission of any cognisable offence or preventing investigations of of any offence or insulting any other nation.
COPYRIGHT AND TRADEMARKS.
The information available on or through this Site is the property of AUDATEX, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes. Users may not use the trademarks, logos and service marks (“Marks”) for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web without the written permission of AUDATEX or such third party that may own the Mark. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in AUDATEX’s Web site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
THIRD PARTY INFORMATION.
Although AUDATEX monitors the information on the Site, some of the information is supplied by independent third parties. While AUDATEX makes every effort to insure the accuracy of all information on the Site, AUDATEX makes no warranty as to the accuracy of any such information. LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other Web sites that are not under the control of AUDATEX. The links are only provided as a convenience and AUDATEX does not endorse any of these sites. AUDATEX assumes no responsibility or liability for any material that may be accessed on other Web sites reached through this Site, nor does AUDATEX make any representation regarding the quality of any product or service contained at any such site.
LINKS FROM THIRD PARTY SITES.
AUDATEX prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. AUDATEX reserves the right to disable any unauthorized links or frames. AUDATEX has no responsibility or liability for any material on other Web sites that may contain links to this Site.
Information and documents provided on this Site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. AUDATEX uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. AUDATEX periodically adds, changes, improves, or updates the information and documents on this Site without notice. AUDATEX assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL AUDATEX BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF AUDATEX, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Protecting the privacy of our clients and users of our Sites is important to AUDATEX. AUDATEX Web Site Privacy Statement describes how we use and protect information you provide to us.
Data transmitted to and from AUDATEX client Sites is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. AUDATEX is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of AUDATEX sites. In order to protect you and your data, AUDATEX may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
TRANSMISSION OF PERSONAL DATA.
User acknowledges and agrees that by providing AUDATEX with any personal information through the Site, User consents to the transmission of such personal user information over international borders as necessary for processing in accordance with AUDATEX standard business practices and the AUDATEX Web Site Privacy Statement.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
- 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 binding arbitration.
- The number of arbitrators shall be [one/three].
- The seat, or legal place, of arbitration shall be [City and/or Country].
- The language to be used in the arbitration shall be English.
- The governing law of the contract shall be the substantive laws of the Republic of India.