Last
updated December 15, 2021
TABLE OF
CONTENTS
These Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and VTU
Connect
("
Company
," “we,"
“us," or “our”), concerning your access to
and use of the https://vtuconnect.in 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 __________
, __________
,
Karnataka
.
You agree that
by accessing the Site, you have read, understood, and agreed 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 at
any time and for any reason.
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 intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the
Site.
2. INTELLECTUAL
PROPERTY RIGHTS
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).
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.
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.
-
Using the platform for other than what the
features intended
6. USER
GENERATED CONTRIBUTIONS
The Site may invite you
to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be viewable by other
users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or
make available any Contributions, you thereby represent and
warrant that:
- 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.
By
posting your Contributions to any part of the Site
or making Contributions
accessible to the Site by linking your account
from the Site to any of your social networking
accounts
, you automatically grant, and you represent and
warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in
part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media
formats and through any media channels.
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.
8. MOBILE
APPLICATION 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.
Apple and
Android Devices
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.
9. SOCIAL
MEDIA
As part of the functionality
of the Site, you may link your account with online accounts you have with
third-party service providers (each such account, a “Third-Party Account”) by
either: (1) providing your Third-Party Account login information through the
Site; or (2) allowing us to access your Third-Party Account, as is permitted
under the applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you are entitled to disclose
your Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the “Social Network
Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account additional information to the extent you
are notified when you link your account with the Third-Party Account. Depending
on the Third-Party Accounts you choose and subject to the privacy settings that
you have set in such Third-Party Accounts, personally identifiable information
that you post to your Third-Party Accounts may be available on and through your
account on the Site. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third Party Account is
terminated by the third-party service provider, then Social Network Content may
no longer be available on and through the Site. You will have the ability to
disable the connection between your account on the Site and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort
to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Site. You can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information below or
through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with
your account.
10. SUBMISSIONS
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.
11. THIRD-PARTY
WEBSITE 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.
We allow advertisers to
display their advertisements and other information in certain
areas of the Site, such as sidebar advertisements or banner
advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and
any services provided on the Site or products sold through those
advertisements. Further, as an advertiser, you warrant and
represent that you possess all rights and authority to place
advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights, and contractual
rights.
We simply provide the space to place such advertisements, and we have
no other relationship with advertisers.
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.
14. PRIVACY
POLICY
We care about data privacy and
security. Please review
our Privacy Policy: https://vtuconnect.in/privacy-policy.html
. 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
.
15. 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.
17. MODIFICATIONS
AND INTERRUPTIONS
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
. VTU Connect 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.
To
expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each
"Dispute" and collectively, the “Disputes”) brought by either
you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
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
Bangalore,
India
. The
language of the proceedings shall be
English. The governing law of the
contract shall be the substantive law of
India
.
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.
Exceptions to Informal
Negotiations and Arbitration
The
Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations and 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
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.
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 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.
22. 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 LESSER OF THE AMOUNT PAID, IF ANY,
BY YOU TO US
DURING
THE six (6) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
OR $100.00 USD
. 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.
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.
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.
25. 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.
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.
In order to resolve a
complaint regarding the Site or to receive further information regarding use
of the Site, please contact us at: support@vtuconnect.in
