Terms Of Use - Addverb

SCOPE AND ACCEPTANCE OF THE TERMS OF USE

Terms and conditions mentioned herein together with the documents and policies mentioned (“Terms of Use”), establish the general terms and conditions that will govern your usage and access to the Website. For the purpose of these Terms of Use, the use of “our”, “ourselves”, “we” and “us” will mean and refer to Addverb Technologies Limited and its subsidiaries (“Addverb”/”Company”), while the user shall be referred to as “you”, “your” and “yourself”, which shall mean and include any natural or legal person/entity using or accessing this Website and availing the facility. It is important for you to read the Terms of Use and other policies for this Website before accessing or utilizing it. These terms outline the rules and regulations for using the Website, and by accessing or using the Website, you are agreeing to be bound by these terms and terms of the other policies referred herein. To use this Website, you must accept the terms of use outlined below. If you do not agree to these terms, please do not use or visit the Website. By accessing or utilizing the Website, you, and any entity you are authorized to represent, agree to be bound by these Terms of Use. The Terms of Use is an electronic record under the Indian Information Technology Act, 2000 and the rules made thereunder and the provisions pertaining to electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the Terms of Use binding.

IMPORTANT:

These Terms of Use form a binding contract between you and Addverb when accepted by you. You accept these Terms of Use by (1) Accessing or using the Website, (2) Indicating acceptance of these terms when they are presented online, such as by checking a box captioned with acceptance language or clicking an icon bearing an “Accept” or similar legend; or (3) Exercising or purporting to exercise any of the rights granted to you under these Terms of Use. The individual accepting this agreement on behalf of any entity represents that he or she has authority to represent the entity and make commitments on its behalf. If you do not agree to these Terms of Use, you may not use the Website. Please note that the Terms of Use are only to represent the business of Addverb and faciliate discussions about products, services, and any other offerings provided by Addverb and to govern your usage and access of the Website. the terms and conditions with regard to the sale of any product, services, and other offerings, and any license around the same shall be subject to separate agreement which may be executed between you and Addverb and any other documentation provided by Addverb with regard to the same. The Terms of Use herein shall be read as part and parcel of such agreement/documentation, however in the event of a conflict between the Terms of Use and the terms covered under those documents/agreements, the terms under those documents/agreements will prevail only with respect to the repugnancy or conflict. In connection with the usage and access to this Website, the Terms of Use shall always prevail.

USER ELIGIBILITY

The Website is provided by Addverb and available only to entities and persons who have reached the age of legal majority as per the law to which they are subject to and are competent to enter into a legally binding agreement(s) under the applicable law. If you do not qualify, you are not permitted to use the Website and are strongly advised to immediately exit the same. In an event, where in contravention of the Terms of Use, a person below the age of majority uses or accesses the Website, we shall not be held liable or responsible for any damage or injury suffered by such person in logging/using into the Website and making use of or availing the products and services provided thereafter.

PERSONAL DATA

While using or accessing this Website, we may be collecting, and you may be providing certain personal data. Please note that information or the personal data you provide shall be used and processed by us in accordance with the Privacy Policy. While using this Website, you agree to the processing of your personal data in accordance with the Privacy Policy and hereby represent that all information provided by you is true and correct.

GENERAL TERMS

While using or accessing the Website in case you decide to avail our promotional materials or engage with us for any purposes whatsoever, you agree to provide us with your correct and true information and details. In case you have not provided us with the correct and the required details, you acknowledge and agree that we will not be responsible and liable for any failure to provide the required products, services, etc.
If any provision of the Terms of Use is found to be unlawful or void, the same shall be separated and deemed severable from the rest of the document, and the same shall not affect the validity of the remaining provisions, and the remaining terms shall continue to be in full force and effect.
The Terms of Use constitute the entire agreement and understanding between Addverb and you with regard to the subject matter hereof and shall not be modified or changed except at the sole discretion of Addverb. Addverb reserves the right to modify the terms contained herein at anytime and such updated terms shall be posted on the Website. You are strongly advised to periodically visit the Website for checking the updated terms. The updated terms as and when posted on the Website shall be binding on you. If you do not agree to the updated Terms of Use, kindly do not visit the Website.
In the event you submit any feedback, suggestions or comments on our Website, we reserve the right to use such information, without any compensation to you. In connection with the same, you hereby undertake, represent and warrant that any information submitted by you shall not infringe any rights including but not limited to the intellectual property rights of a third party; shall not be in violation of law and shall not contain any software viruses or any other computed code, program, files designed to interrupt, destroy or limit the functionality of any computer resource.
In the event you gain access to any data from the Website, you hereby undertake to keep the same protected from any unauthorized disclosure and shall not transfer or permit the transfer of such data to any third party and shall not reverse engineer the data. You further undertake to not click any pictures or screenshot of the data and materials available on the Website.
While using or accessing the Website, you agree to not use the same for any prohibited actions, including but not limited to the following:

impersonate any individual or organization, or falsely claim a connection or association with any person or entity.
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
Violate any applicable local, state, national, or international laws or regulations.
Engage in any act that violates the rights of any person or entity that may give rise to civil or criminal liability under laws or regulations applicable to you, another user, and/or Addverb, including violation of privacy or publicity rights, infringement of any intellectual property right, or conflicts with these Terms of Use or the Privacy Policy.
To monitor or copy materials on the Website or downloaded from the Website for any unauthorized purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
Engage in any act that may have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (d) modifying, blocking or otherwise interfering with the display of the Website; (e) interfering with another user’s ability to access, use and enjoy the Website; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) engaging in any activities that results in any server being the target of a denial of service attack.

LINK TO OTHER SITES

This Website may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and Addverb is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

INTELLECTUAL PROPERTY

By using and accessing this Website, you acknowledge that all the content and materials included on it, such as text, graphics, logos, images, and software, trademarks, service marks, designs, copyrights and other properties appearing within this Website belong to Addverb and/or those who have granted us the license to use the same, and are protected by copyright and other intellectual property laws. Without the express written consent of Addverb, you shall not use any content or materials on the Website for commercial or personal purposes. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of Addverb. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download, or store, or transmit any material or content or intellectual property on the Website without Addverb’s express prior written consent or except as expressly provided in these Terms of Use. No right, title, or interest in or to the Website including any material, content or intellectual property right over the Website, is transferred to you. Nothing contained herein shall be construed (expressly or impliedly) as conferring any license or right under any intellectual property right. There are no implied licenses under these Terms of Use. Addverb reserves all rights not expressly granted to you herein. Any use of the Website or the content, material, intellectual property appearing on the Website, not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. You hereby agree to indemnify Addverb against any loss, claims or damage incurred by Addverb as a result of your breach of the intellectual property rights contained herein.

DISCLAIMER OF WARRANTIES

ADDVERB DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ADDVERB CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE EXTENT PERMITTED BY LAW, ADDVERB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDVERB DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY ADDVERB SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ADDVERB FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. The above disclaimer applies to any and all damages, liability or injuries whether for breach of contract, tort, negligence or any other cause of action. Addverb reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL ADDVERB BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADDVERB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USAGE OR ACCESS TO THE WEBSITE OR THE FEATURES PROVIDED HEREIN.

INDEMNIFICATION

You agree to indemnify, defend and hold Addverb, its affiliates, directors, officers, agents, and employees, harmless from any claims or demands, including reasonable attorneys' fees, due to or arising out of your use of the Website, your violation of these Terms of Use, or your violation of any rights of another party.

CHANGES TO TERMS OF USE

Addverb reserves the right to make changes to these terms of use at any time and without notice. By continuing to use the Website, after any changes have been made to these Terms of Use, you are indicating your acceptance of those changes. You are strongly advised to periodically check the updated terms. The updated terms as and when posted on the Website shall be binding on you. If you do not agree to the updated Terms of Use, kindly do not visit the Website.

GOVERNING LAW

The relationship between you and Addverb through this Website and the Terms of Use herein shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in relation to the same, shall be subject to the exclusive jurisdiction of the courts at New Delhi.

WAIVER

The failure or delay on the part of Addverb in exercising any of its rights hereunder as a result of your breach of the Terms of Use, shall not be construed or considered as a waiver of our rights. Any waiver of our rights shall be valid only when provided in writing and signed by an authorized representative of Addverb. The waiver on our part of a specific right or action shall not be construed as waiving of other rights or actions derived from these Terms of Use.

VIOLATION OF THE TERMS OF USE

Addverb may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Addverb’s rights or property, or the rights or property of visitors to or users of the Website, including Addverb’s customers. Addverb always reserves the right to disclose any information that Addverb deems necessary to comply with any applicable law, regulation, legal process or governmental request. Addverb also may disclose your information when Addverb determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Addverb may preserve any transmittal or communication by you with Addverb through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Addverb determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Addverb, its employees, users of or visitors to the Website, and the public. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Addverb, for which monetary damages would be inadequate, and you consent to Addverb obtaining any injunctive or equitable relief that Addverb deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Addverb may have at law or in equity. You agree that Addverb may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems or (5) violation of the Terms of Use. If Addverb does take any legal action against you because of your violation of these Terms of Use, Addverb will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Addverb. For any termination of your access to the Website, as a result of breach of the Terms of Use, Addverb will not be liable or responsible.

CONTACT US

In the event of any questions or discrepancies regarding the Terms of Use, please contact the below person:

Name: Chief Information Security OfficerAddress: Addverb BotValley, Plot No. 5, Phase II, Sector 156, Noida – 201310, Uttar Pradesh, IndiaEmail Address: [email protected]