of Eightytwo East IT Solutions Private Limited (hereinafter referred to as “Tensult” “We” or
“Us” or “Our” as the context may require). You, as the user (hereinafter referred as “You”),
are advised to go through these Terms in detail, since, by visiting, accessing or otherwise using
the SITE You accept that You have read the Terms and consent to be bound legally by the Terms
including any amendment made from time to time. Use of any web portal or services offered by
Tensult (hereinafter "Services") directly or indirectly, is subject to these Terms.
IF YOU DO NOT AGREE TO THE TERMS WE URGE YOU TO NOT USE THE SITE OR SERVICES.
The SITE shall be used for lawful purposes only and must not be used to transmit content or activity that:
1. Impersonates any entity, business, or person;
2. Involves the distribution of any form of solicitation or unwanted, unsolicited or harassing mass e-mails, any chain mail, junk mail or any unsolicited or unauthorized advertising or promotional materials;
3. Infringes or misappropriates any of the intellectual property rights proprietary right, license right, or legal content protections;
4. Use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed abusive, libelous, fraudulent, deceptive, tortuous, obscene, threatening, invasive of privacy, offensive, inflammatory, hateful, defamatory, discriminatory or encourages or incites any criminal activity harmful to others, or is otherwise objectionable;
5. Disrupts or interferes with the SITE or disable, impair or damage any servers or networks connected to SITE, or violate any policies or regulations of networks connected to SITE;
6. Introduces any viruses or code, that permit the unauthorized use of a computer or computer network or otherwise destroy, interrupt, or limit the functionality of any software or hardware in relation to the SITE;
7. Gains or attempt to gain unauthorized access to any user accounts, networks, services or computer systems, through any means.
8. Accesses or probes any network, computer or communications system, software application, or network or computing device systems without authorization, including but not limited to breaches, vulnerability scans or penetration testing
9. Attacks, abuses, interferes with, surreptitiously intercepts, or disrupts any users, systems or services, including but not limited to unauthorized monitoring or crawling, distribution of malware (including but not limited to viruses, Trojan horses, worms, time bombs, spyware, adware, or cancelbots) ;
10. Alters, forges or obscures mail headers or assumes a sender's identity without the sender's express permission, or collects replies to messages sent from another internet service provider in violation to this Policy or the applicable policy of that provider;
11. Disables, interferes with, abuses, disrupts, intercepts, circumvents or otherwise violates the security of the SITE and Services.
You may be allowed to submit or post images, texts etc. that can be viewed and accessed in the public domain. All content uploaded by You must be legally permissible, and not in contravention of these Terms. Upon submitting any content on the SITE, You give Us an irrevocable, perpetual, royalty-free, and sub-licensable right to use, reproduce, modify, adapt, create derivative works from, publish, translate, display, distribute and perform such material.
We do not endorse and are not responsible for (i) any statements, opinion, advice or information made or displayed on SITE by any third parties or (ii) for any third party site which may be linked to or from the SITE. Your agree to use of any third-party websites at Your own risk. TENSULT will not be liable to you for any loss or damage resulting from You accessing or using such third party websites.
By registering with the SITE, You represent that You are not barred by any applicable law from using the SITE and that you are legally competent to enter into a binding contract.
INTELLECTUAL PROPERTY RIGHTS:
We own all right, title and interest in and to the SITE. All content and materials contained in the SITE, including, but not limited to, all Site design, content, images, logos, graphics, button icons, data compilations, digital downloads, etc., are protected by the applicable intellectual property laws.
You acknowledge and agree that the SITE and any software used in connection with the SITE contain proprietary and confidential information that is protected by applicable Intellectual Property laws. Any unauthorized use of the materials provided as part of the SITE is strictly prohibited. Software, in both source and object code forms, APIs, associated documentation, and other related materials may be available for download on certain parts of the SITE. TENSULT or its licensors own and retain all rights in such software content, including all applicable intellectual property rights. Nothing in these Terms grants any right or license to software content. Software content is governed by its own separate terms and conditions and all use of software content must be in accordance with the specified license(s), which may include, but is not limited to software licenses, End User Agreements and free/open source software licenses, as applicable.
You must not use any materials on the SITE in an unauthorized manner including reproduction, republication, modification or distribution, or any form of data mining or data extraction, or other commercial exploitation of any kind. You must not use any device or manual process to monitor or copy the pages of Our SITE or the content therein. Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property rights of Tensult or any third party. All rights not expressly licensed are reserved.
DISCLAIMER OF WARRANTIES:
We provide the SITE on an "AS IS" and "as available" basis. No express warranties or guarantees are made about the SITE. We do not provide any representation that the SITE is available for use in any particular location. Your use of the SITE shall be at Your own initiative and risk. You must comply with all applicable local laws.
ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES THAT THE SITE IS ACCURATE, FIT FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, SECURE, VIRUS-FREE, OR NON-INFRINGING, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE ARE DISCLAIMED TO THE EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTY THAT ANY UPDATES, UPGRADES, BUG FIXES, ERROR CORRECTIONS AND/OR ENHANCEMENTS OF THE SOFTWARE WILL BE MADE OR THAT ANY COMMUNICATIONS FROM AND/OR TO THE SITE WOULD BE SECURE OR NOT INTERCEPTED. ANY RECEIPT OR DOWNLOAD OF CONTENT OR INFORMATION FROM SITE SHALL BE AT YOUR THE RISK AND OPTION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ANY SUCH DOWNLOAD. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF SAVINGS, LOSS OF DATA, OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM OR ARISES IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE SITE, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF SITE EXCEED THE TOTAL AMOUNT OF ANY PAYMENT THAT YOU MADE TO TENSULT FOR ANY SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
We will not be liable for any failure of performance under the Terms or to provide the Services through the SITE to the extent such failure was caused by a Force Majeure event, which shall constitute any and all events beyond our reasonable control, including but not limited to acts of the government authorities, acts of God, fire, natural disasters, strikes, explosion, riots, war, terrorism, non-cooperation of third parties, network failure, disruption of communication lines, power outages, etc.
You agree to indemnify and hold Us and Our affiliates, officers, employees and agents, harmless from and against all liabilities, losses, demands, claims, damages, penalties, interests and expenses (including ensuing legal expenses and costs) arising from any third party claims resulting from Your use or access of SITE and/or Services.
We may suspend or terminate Your use of SITE or terminate Your access to the SITE, in our sole discretion without any liability to You or any third party. Upon doing so, we may retain or delete any information or content that you provided.
You may be required to accept certain additional terms and conditions and you agree to be bound by those additional terms and conditions using such aforementioned Services or features of the SITE while creating an account with the SITE, or accessing certain services and features of the Site upon payment of a fee or subscription, or when using certain services offered as part of the Site. In the event of any conflict between such additional terms and these Terms, the provisions of additional terms shall take precedence.
These Terms and any policies posted on SITE constitute the entire agreement between You and TENSULT regarding the subject matter of these Terms and obligations hereunder may not be transferred or assigned by you. We may assign or sub-contract our rights and obligations under the Terms at any time, to any third party, at our sole discretion, without notice to You.
All legal proceedings shall be subject to the jurisdiction of the courts in Bangalore, India and shall be governed by and construed in accordance with the laws of India to the exclusion of the conflict of law provisions.
If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect.
The Terms does not constitute any joint venture, partnership, employment or agency relationship between You and Us.
Any failure by TENSULT to enforce any right under these Terms on one occasion does not constitute a waiver of such right on any other occasion.
Any notices to TENSULT should be sent to the registered office address of TENSULT available on the SITE.