TERMS AND USE
TABLE OF CONTENTS
- 1. AGREEMENT TO TERMS
- 2. INTELLECTUAL PROPERTY RIGHTS
- 3. USER REPRESENTATIONS
- 4. PROHIBITED ACTIVITIES
- 5. USER GENERATED CONTRIBUTIONS
- 6. CONTRIBUTION LICENSE
- 7. SUBMISSIONS
- 8. SITE MANAGEMENT
- 9. TERM AND TERMINATION
- 10. MODIFICATIONS AND INTERRUPTION
- 11. GOVERNING LAW
- 12. DISPUTE RESOLUTION
- 13. CORRECTIONS
- 14. DISCLAIMER
- 15. LIMITATIONS OF LIABILITY
- 16. INDEMNIFICATION
- 17. USER DATA
- 18. ELECTRONIC COMMUNICATIONS TRANSACTION AND SIGNATURES
- 19. MISCELLANEOUS
- 20. CONTACT US
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have lawfully gained access, exclusively for your own personal, non-commercial use. This is granted as long as you are eligible to use the Site. We reserve all ownership rights to the Site, the Content, and the Marks that are not specifically granted to you.
3. USER REPRESENTATIONS
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. PROHIBITED ACTIVITIES
The Site may only be accessed and used for the purposes for which it is intended by us. The use of the Site for any commercial purposes other than those we have expressly permitted or supported is strictly prohibited.
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.
● Limitations on the use of the Site and/or the Content therein may be enforced by security-related features of the Site, including features that circumvent, disable, or in any other way interfere with features that limit or restrict the use or copying of any Content.
● 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"), 1x1 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 to you.
● 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 Intemet 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.
● Use, launch, develop, or distribute any automated system that accesses the Site, including without limitation any spider, robot, cheat utility, scraper, or offline reader, as well as using or launching any unauthorized scripts or other software, unless the result is potentially expected from a standard search engine or Internet browser usage.
● 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.
5. 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 moraJ rights of any third party.
● Your Contributions may be used by us, the Site, and other users of the Site in any manner permitted by the Site and these Conditions of Use if you are the original creator and owner of them or you have obtained all applicable licenses, rights, consents, releases, and permissions.
● 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 ana 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.
6, CONTRIBUTION LICENSE
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
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.
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.
8. SITE MANAGEMENT
9. TERM AND TERMINATION
Suppose we terminate or suspend your account for any reason. In that case, 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 la take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. MODIFICATIONS AND INTERRUPTIONS
11- GOVERNING LAW
These Terms shall be governed by and defined following the laws of Govt. of India and yourself irrevocable consent that the courts of Ernakulam shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
12. DISPUTE RESOLUTION
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 or the general public or any other persons.
Exceptions to Arbitration
The Parties acknowledge and agree that the following Disputes are not covered by the above provision regarding binding arbitration: (a) any Disputes seeking to enforce or protect, or relating to the legality of, any intellectual property rights of a Party; (b) any Dispute involving, or resulting from, allegations of theft, piracy, invasion of privacy, or unauthorized 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. If any part of this provision is determined to be unlawful or unenforceable, neither Party will choose to arbitrate any Dispute falling under that portion; instead, such Dispute shall be resolved by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties hereby consent to the personal jurisdiction of such courts.
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
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 DISCI_AIM ALL WARRANTIES, EXPRESS OR IMPLIED, 1N 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) PERSONA 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 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, ANDOR (6)ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERtALS 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 ORIN 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 ORIN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTlON WHERE APPROPRIATE
15. 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 STE, 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 LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US UNDER 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.
17. 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.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Electronic communications include messages sent to us via email, website visits, and online form submissions. You consent to receive electronic communications and 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 communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE 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.
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 lo payments or the granting of credits by any means other than electronic means.
20. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
GOEC AUTOTECH PRIVATE LIMITED
7th Floor, KB Square, Vyttila
Kochi, Kerala 682019
Ph.no : +91 8281100520
Email : [email protected]