INTRODUCTION
JN Software
Solutions welcomes you to our website https://nageshacademy.com ("Site") .The Site is owned, controlled and operated
by JN Software Solutions as its
proprietor and its management (the
"Firm" ).These terms of use (“Terms”) are a legal agreement between you, a user of the Site (“you” or “your”
or “user”) and the Firm (“us” or “we”
or “our”) that governs your access to and
use of the Site.
Remember that your use of the Site is at all
times subject to the Terms of Use which incorporates this Privacy Policy. Any
terms we use in this Policy without defining them have the definitions given to
them in the Terms. The general provisions as outlined in the Terms shall be
applicable to this Privacy Policy as well.
Please read these Terms carefully before using
the Site. Please also read the Privacy Policy which is a part of these Terms
and incorporated herein by reference. The Privacy Policy describes how we
collect, store, secure, retain, use, process, disclose, share, transfer and
dispose the information we collect or that you provide when you access or use
the Site. If you do not understand or do not wish to be bound by these Terms,
you should not use the Site.
The Site is for adults or people who have
attained the age of majority. As such we do not encourage minors to use the
Site. The Site is strictly prohibited to persons who are under the age of
10
. Subject to these Terms, use of the Site is
available only to persons who can enter into legally binding contracts under
applicable law. If you are under the age of 18 (Eighteen) years or the legal
age of majority in your jurisdiction, your parent, or legal guardian must agree
to these Terms on your behalf.
Visiting, browsing, accessing, or using the
Site constitutes your unconditional acceptance and agreement to be legally
bound by these Terms. If you do not agree to these Terms do not access or
otherwise use the Site.
We reserve the right, at any time and from time
to time, to amend, modify, revise, update, suspend, remove and/or otherwise
change these Terms without prior notice to you. All such amendments and
modifications shall take effect immediately when posted on the Site. By
continuing to access or browse the Site after any such amendments or
modifications, you agree to be bound by such amended or modified Terms. For
this reason, we encourage you to review these Terms whenever you access the
Site. Be sure to read these Terms periodically to ensure familiarity with the
most current version of these Terms. If you do not agree to any change to these
Terms, you must immediately stop using the Site.
THE WEBSITE
You specifically understand, acknowledge and
agree that the Site have been designed for informational purposes only and is
not intended to provide any professional or other advice of whatsoever nature.
The content of this Site, and the Site as a whole, are intended solely for your
personal use and shall not be used for any commercial purposes. We disclaim any
responsibility for actions caused by use of the Site or information contained
on it. We do not provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information,
content and materials found or offered on the Site for any particular purpose.
You acknowledge that such information, content and materials may contain
inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors. Your use of any content, information or materials on
the Site is entirely at your own risk, for which we shall not be liable.
The Site also enables you to engage with us.
Should you choose to engage with us, you hereby grant us all licenses and
consents that may be required for this purpose, including but not limited to
live stream, film, and record (audio and video) in any format and in any
medium, or device, and by adopting any processes and technology, whether now
known or hereinafter devised.
We do not endorse, support, sanction,
encourage, verify, or agree with the comments, opinions, or statements posted
on the Site by our users and we are not responsible, and shall have no
liability to you, with respect to any information or materials posted by
others, including defamatory, offensive or illicit material, even material that
violates these Terms.
Except where otherwise provided, access to and
use of the Site is without charge. We reserve the right to charge a fee for
access to or use of this me Site, or any services that we may provide on the
Site. If you purchase a paid service from us, we may use a third party that is
not affiliated with us to process your payments, including providers of payment
gateways (“
Processor
”). You agree that
the Processor is solely responsible for controlling, handling and processing
your payments. Please note any amounts paid to us are not refundable.
PRIVACY POLICY
Please review our privacy policy (“Privacy Policy”), which is part of these Terms
and describes how we handle your personal information. By visiting, browsing,
accessing, or using the Site, you agree that we may collect, use and share your
personal and other information in accordance with the terms of our Privacy
Policy.
ACCOUNTS, SECURITY, PASSWORDS
You may register for an account on the Site in
order to become a subscriber to the services offered by us through the Site. If
you intend to open an account, you must complete the specified registration
process by providing us with current, complete, and accurate information as
requested by the applicable online registration form. It is your responsibility
to maintain the currency, completeness, and accuracy of your registration data
and any loss caused by your failure to do so is your responsibility. It is
entirely your responsibility to maintain the confidentiality of your password
and account. Additionally, you are entirely responsible for any and all
activities that occur under your account. You agree to notify us immediately of
any unauthorized use of your account. We are not liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge. You may cancel your account by following the
procedure prescribed in these Terms.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Site and all information and content which
we have made available on the Site, including but not copyrighted works,
literature, text, graphics, logos, button icons, images, audio/video clips,
data compilations and software, and the compilation and organization thereof is
owed by us or is used with consent of the owner and is protected by laws,
including laws governing, copyrights, trademarks and other intellectual
property. The reproduction and use of any of these by you is prohibited unless
specific written permission is provided by us. Any unauthorized use shall
violate copyright laws, trademark laws and other applicable intellectual
property laws. All rights in the Site and its content are reserved.
Certain content and information on the Site are
used with the permission of third parties, and use of that content and
information is subject to terms and conditions of such third parties and by
using the Site, you agree to abide by all such terms and conditions.
The copying, downloading, modification,
revision, reproduction, republication, uploading, posting, transmission, or
distribution for commercial or non-personal purposes of any content, material
or elements from the Site including without our express written permission or
other owners of the intellectual property is strictly prohibited. You agree not
to, directly or indirectly, copy, use, or distribute any content available on
the Site other than as expressly permitted herein. Also, if you download or print
any content for personal use, you must retain all copyright and other
proprietary notices identifying us as the owners.
Nothing contained on the Site should be
construed as granting, by implication or otherwise, any right, license, or
title to any of our intellectual property or the intellectual property of any
third party. All rights are expressly reserved and retained by us and our
licensors. Your misuse of the Site, or any service or content available on the
Site except as provided in these Terms, is strictly prohibited. Please be
advised that we consider our intellectual property to be among our most
valuable assets and we will aggressively enforce our intellectual property
rights to the fullest extent provided under law.
LIMITED LICENSES GRANTED TO YOU
Subject to these Terms, we grant you a
non-exclusive, revocable, non-sub-licensable, non- transferable, and limited
license to access the Site solely for the purpose accessing the content on, and
our services provided through the Site, for your personal and non-commercial
use.
You shall not, either directly or indirectly:
(i) copy, adapt, alter, modify, translate, localize, merge and/or create
derivative works of the Site; (ii) decompile, disassemble, reverse engineer,
reduce the Site to human perceptible form and/or otherwise attempt to determine
its underlying source code; (iii) alter, obscure, deface, remove, conceal
and/or otherwise interfere with any eye- readable or machine-readable marking
on the Site which refers to us as the owner, author or developer of the Site
and all proprietary and intellectual property rights contained therein; (iv)
distribute, provide, lease, lend, use and/or allow others to use the Site to or
for the benefit of any third parties; and (v) provide the use of the Site in
any service bureau, time- sharing or facilities management arrangement and/or
otherwise use the Site to provide services to third parties.
CONTRIBUTED CONTENT AND SUBMISSIONS OF USERS
All content created, added, uploaded,
submitted, distributed, communicated, or posted on the Site by users
(collectively "
User Content
"),
whether publicly posted or privately transmitted, is the sole responsibility of
the user who created or generated the User Content. The Site permits the
submission of User Content and the hosting, sharing, and/or publishing of such
User Content. Notwithstanding anything contained herein, you shall be solely
responsible for your own User Content and the consequences of posting or
publishing them. You represent that all User Content provided by you is
accurate, complete, up-to-date, and in compliance with all applicable laws.
You acknowledge that all User Content accessed
by you using the Services is at your own risk and you will be solely
responsible for any damage or loss to you or any other person resulting
therefrom. We do not guarantee that any User Content you access on the Site is
or will continue to be accurate. We do not and will not claim any ownership
over or rights to the User Content, except to the extent stated herein.
In connection with the User Content, the user
affirms, represents, and warrants that: (i) the user owns or has the necessary
licenses, rights, consents, permissions and authorizations to use and authorise
us to use, all User Content, including to enable us to include and use the User
Content for the purposes and in the manner contemplated by these Terms; (ii)
the user has the written consent, authorisation, release and/or permission of
each and every identifiable individual person in the User Content to use the
name and/or likeness of each and every such identifiable individual person to
enable inclusion and use of the User Content in the manner contemplated by
these Terms; and (iii) we will not be subjected to any claim, actions,
liabilities, loss and damage as a result of its use of the User Content.
By submitting any User Content to the Site, you
hereby do and shall grant us a worldwide, non-exclusive, perpetual,
irrevocable, royalty-free, fully paid, sub-licensable (through multiple levels)
and transferable license to use, aggregate, reproduce, distribute, display,
perform, and otherwise fully exploit such User Content in connection with the
Site, and the services we provide, including without limitation for promoting
and redistributing, part or all of the Site or our services in any media
formats and through any media channels (including, without limitation, third
party websites and feeds), and including after your termination of your
arrangement with us.
By submitting any User Content to the Site, you
also hereby do and shall grant each user a non-exclusive license to access any
of your User Content that is available to such user on the Site, and to use
such User Content, including after your termination of your arrangement with
us.
We: (i) cannot control the User Content and
other information provided by the users which is made available on the Site;
(ii) do not research, endorse, validate, or certify the User Content and any
other information submitted/uploaded by users on the Site nor assume that all
User Content and information will be complete, accurate, truthful, trustworthy,
and reliable; and (iii) expressly disclaim any and all liability in connection
with the User Content.
The Site permits sharing of views, opinions and
information regarding the content posted on the Site. All statements, photos,
videos, materials, or other User Content posted by users reflects the views of
the individual user and does not reflect our views. We take no responsibility
and assume no liability for any User Content posted by you or any third party.
We encourage respectful, constructive dialogue
and reserve the right to remove posts that are not in compliance with these
terms.
A user shall not host, display, upload, modify,
publish, transmit, store, update or share any information that: (i) belongs to
another person and to which the user does not have any right; (ii) is
defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy,
including bodily privacy, insulting or harassing on the basis of gender,
libellous, racially or ethnically objectionable, relating or encouraging money
laundering or gambling, or otherwise inconsistent with or contrary to the laws
in force; (iii) is harmful to child; (iv) infringes any patent, trademark,
copyright or other proprietary rights; (v) violates any law for the time being
in force; (vi) deceives or misleads the addressee about the origin of the
message or knowingly and intentionally communicates any information which is
patently false or misleading in nature but may reasonably be perceived as a
fact; (vii) impersonates another person; (viii) threatens the unity, integrity,
defence, security or sovereignty of India, friendly relations with foreign
States, or public order, or causes incitement to the commission of any
cognisable offence or prevents investigation of any offence or is insulting
other nation; (ix) contains software virus or any other computer code, file or
program designed to interrupt, destroy or limit the functionality of any
computer resource; and (x) is patently false and untrue, and is written or
published in any form, with the intent to mislead or harass a person, entity or
agency for financial gain or to cause any injury to any person.
USER CODE OF CONDUCT
As a condition of your use of the Site, you
promise and undertake not to use the Site for any purpose that is prohibited by
these Terms.
You agree that you shall not (directly or
indirectly) submit, upload, provide, transmit, distribute, post, store, link,
or otherwise share content, information, data, software, and/or materials on
the Site that: (i) you do not have the right, authority or license to make
available, whether under law, contract or otherwise; (ii) is unlawful,
threating, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
tortious, offensive, profane, contains or depicts pornography, or is otherwise
inappropriate as determined by us, in our sole discretion; (iii) is false,
misleading, untruthful or inaccurate; (iv) is invasive of another’s privacy;
(v) violates the publicity or proprietary or intellectual property rights of
third parties; (vi) impersonates any person or entity, including any of our
employees, agents, representatives, sub-contractors or partners or falsely
states or otherwise misrepresents your affiliation with any person or expresses
or implies that we endorse any statement you make; (vii) includes anyone’s
identification documents or sensitive financial information or any personal
information about another individual or any information that may be used to
track, contact or impersonate that individual; (viii) discloses or provides
information protected under any law, agreement or fiduciary relationship,
including but not limited to proprietary or confidential information of others,
insider information or material, or non-public information; (ix) constitutes
unauthorized or unsolicited advertising; (x) violates any law; (xi) would give
rise to criminal or civil liability (under tort or otherwise); (xii) encourages
conduct that constitutes an offense or that encourages or provides
instructional information about illegal activities; (xiii) has the potential to
create liability for us; (xiv) could cause us to lose, in whole or in part, our
relationship with our users, clients, business partners, licensors, services
providers or other suppliers; (xv) interferes with or disrupts the operation of
the Site and our services or the servers or networks used to make the Site
available, or violate any requirements, procedures, policies or regulations of
such networks; and (xvi) threatens the unity, integrity, defense, security or
sovereignty of any country, friendly relations with foreign states, or public
order or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting any other nation.
You shall not (directly or indirectly): (i)
disclose any sensitive, proprietary or confidential information, about yourself
or anyone else or knowingly disseminate information that you know, reasonably
ought to know, to be confidential in nature, in violation of any duty of
confidentiality which you are subject to; (ii) misrepresent the source of your
content; (iii) use the Site in violation of any applicable law or otherwise in
violation of any applicable law which you may be subject to; (iv) use the Site
in a manner that would violate the lawful privacy rights of any person or to
publish or republish defamatory or libellous statements, or to harass or
embarrass any person; (v) use the Site in a manner which could cause loss,
damage or personal injury to any person; (vi) use the Site for any fraudulent
or unlawful purpose or for the promotion of illegal activities; (vii) use the
Site in any manner that could interrupt, damage, disable, overburden or impair
the Sites or interfere with any other persons use and enjoyment of the Sites;
(viii) bypass, circumvent or attempt to bypass or circumvent any measures I may
use to prevent or restrict access to the Site (or other computer systems,
resources or networks connected to the Site); (ix) run any form of
auto-responder or “spam” on the Sites; (x) use manual or automated software,
device, or other processes to “crawl” or “spider” any page of the Site; (xi)
obtain or attempt to gain unauthorized access to other computer systems,
resources, materials, information or any services available on or through the
Site through any means, including through means not intentionally made publicly
available or provided for through the Site; (xii) take any action that imposes
or may impose (as determined by us in our sole discretion) an unreasonable or
disproportionately large load on our (or our third party service providers’)
infrastructure; (xiii) interfere or attempt to interfere with the proper
working of the Site or any activities conducted on the Site; (xiv) make
improper use of our Site or submit false reports of abuse or misconduct; (xv)
disparage, tarnish or otherwise harm us, including the Site; (xvi) offer,
attempt to offer, trade or attempt to trade in any item, the dealing of which
is prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force; and
(xvii) use the Site or the Site in violation of these Terms or otherwise take
any action in violation of our guidelines and policies.
In using the Site, you must comply with, and
refrain from violations of, any right of any other persons, law or contractual
duty, including without limitation laws forbidding: (i) distribution of child
pornography;(ii) forgery, identity theft, misdirection or interference with
electronic communications; (iii) invasion of privacy; (iv) unlawful sending of
commercial electronic message or other marketing or electronic communications;
(v) securities violations, wire fraud, money laundering, or terrorist activities;
or (vi) false advertising, propagating or profiting from fraudulent and unfair
schemes.
You shall abide by all applicable laws with
respect to the use of the Site.
You shall assume full legal responsibility for
any access and use of the Site, and in the event of any breach of this duty
resulting in legal claim against us, you shall defend, indemnify, and hold us
harmless from all losses, damages and liabilities arising therefrom.
We also reserve the right to access, read,
preserve, and disclose any information as I we reasonably believe is necessary
to: (i) satisfy any applicable law, legal process or governmental request; (ii)
enforce these Terms, including investigation of potential violation hereof;
(iii) detect, prevent, or otherwise address fraud, security or technical
issues; (iv) respond to your support request; and (v) protect the rights,
property or safety of us, our users and the public.
DISCLAIMER
You acknowledge that we have no duty to take
any action regarding: (i) which users gain access to the Site; (ii) what
content you access
via
the
Site; or (iii) how you may interpret or use the content.
The Site and content made available on the
Site, including without limitation, any information delivered as part of the
foregoing are provided on an “as is” and “as available” basis, without warranty
of any kind, express or implied, whether by statute, common law, custom, usage
or otherwise, including, but not limited to performance, security, integration,
quiet enjoyment, satisfactory quality and implied warranties of title,
non-infringement, merchantability and fitness for a particular purpose as well
as all warranties arising by usage of trade, course of dealing, or course of
performance. Without limiting the foregoing, we makes no warranty that: (i)
Site and the services we make available through the Site, including without
limitation any materials and information delivered as part of the foregoing:
(a) will meet your requirements; (b) will be accurate, uninterrupted, timely,
secure, or error-free; (ii) the results that may be obtained from the use
thereof will be effective, accurate, or reliable; (iii) the quality of the
services purchased or accessible by you will meet your expectations; (iv) any
errors or defects in the foregoing will be corrected; and (v) is free of
viruses or other harmful components.
We specifically disclaim all liability for any
actions resulting from your use of Site. You may use and access the Site at
your own discretion and risk, and you are solely responsible for any damage to
your computer system or loss of data that results from the use of and access to
the Site.
We disclaim any and all liability with respect
to any losses, damages, liabilities, personal injury or other harm that may be
caused by your reliance on any advice, suggestions, recommendations or other
information provided on the Site.
INDEMNIFICATION
You shall indemnify, defend and hold harmless
us, our affiliates, licensors and partners from all losses, damages,
liabilities, claims, costs and expenses, brought against or suffered by any of
them resulting from, arising out of or relating to your (or any third party
using your identity or your account, computers, systems, mobiles, machines,
communication devices, network and others applications and resources): (i) use
or misuse of, or access to, the Site; (ii) violation or breach of these Terms;
(iii) violation or breach of any applicable law, whether or not referenced
herein; and (iv) violation of any rights of any third party. We reserve the
right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will assist and cooperate
with us in asserting any available defenses.
LIMITATION OF LIABILITY
The users specifically acknowledge that the
Site is provided with the expectation that we shall not assume any risks of the
users. Accordingly, in no event shall we assume any risks of the users.
We shall not be held liable for any liabilities
suffered by the users or any third party relating to or arising out of: (i) a
failure by the users to adhere to these Terms; (ii) negligent acts of the
users; and/or (iii) breach by the users of any applicable law.
In no event shall we, our affiliates, licensors
and partners be liable under contract, tort, strict liability, negligence or
any other legal or equitable theory with respect to the Site: (i) for any lost
profits or other economic losses, loss of data and other programs, loss of
opportunity, business interruption, cost of procurement of substitute goods or
services, or special, indirect, incidental, punitive, compensatory or
consequential damage of any kind whatsoever; (ii) for any bugs, viruses, trojan
horses, or the like (regardless of the sources of origination); or (iii) for
any direct damages in excess of 1,000/- (Rupees One Thousand only) or the fees
(if any) paid to us for the usage of the Site (whichever is lower), even if we
has been advised of, knew, or should have known, the possibility thereof. You
acknowledge that the fee paid by you reflects the allocation of risk set forth
in these Terms and that we would not enter into this agreement and Terms
without these limitations. You hereby waive any and all claims against us
arising out of your use of the Site. Your sole and exclusive right and remedy
in case of dissatisfaction with the Site or any other grievance shall be your
termination and discontinuation of access to or use of the Site.
In no event shall we, our affiliates, licensors
and partners be liable for any bodily injury, loss of life, loss of property or
any other accident that arise out of or is in any way connected with any use of
the Site.
THIRD PARTY SERVICES, ADVERTISEMENTS,
SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
We may display advertisements for the goods and
services of a third party on the Site, including in connection with
co-promotions, sponsorships and other similar partnership arrangements. We do
not endorse or represent and are not responsible for the safety, quality,
accuracy, reliability, integrity or legality of any such goods or services
advertised, promoted or displayed on the Site.
The Site may permit you to link to other
websites, services or resources on the internet, and other websites, services,
or resources, may contain links to the Site. The use of any website which are
controlled, owned, or operated by third parties is governed by the terms and
conditions of use and privacy policies for those websites, and not by these
Terms. When you access third party resources on the internet, you do so at your
own risk. These other resources are not under our control, and you acknowledge
that we are not responsible or liable for the content, functions, accuracy,
legality, appropriateness or any other aspect of such website or resources. The
inclusion of any such link does not imply our endorsement or any association
between us and their operators. You further acknowledge and agree that we shall
not be responsible or liable, directly, or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance
on any such content, goods, or services available on or through any such
website or resources. It is your responsibility to protect your systems from
items such as viruses, worms, trojan horses and other items of a destructive
nature. We expressly disclaim any liability arising in connection with your use
and/or viewing of any websites or other material associated with third party
links that may appear on the Site. You hereby agree to hold us harmless from
any liability that may result from the use of third-party links that may appear
on the Site.
INFRINGEMENT
We respect the intellectual property rights of
others, and strongly prohibit users from posting any content on the Site that
violates a person’s intellectual property rights. If you have reason to believe
that any work copyrighted by you has been reproduced, embedded, or linked
without any authorization on this Site, in a manner that constitutes an
infringement of your copyright under Indian law, please write to us at
[email protected]
and
provide us all information in that regard, including those prescribed under
applicable laws.
GOVERNING LAW, JURISDICTION AND DISPUTE
RESOLUTION
These Terms will be governed by the laws of
India, without regard to conflict of law principles. Further, the courts
at
India
shall have exclusive
jurisdiction for all matters arising out of or in connection with these Terms
and you agree to irrevocably submit to the exclusive jurisdiction of such
courts.
The concerned parties shall amicably resolve
any and all disputes arising out of or in connection with these Terms, failing
which the disputes shall be settled in accordance with provisions of the
Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a
sole arbitrator to be appointed by us. Any arbitral award shall be final and
binding on the parties. The seat and venue of the arbitration shall be
India
. The language of arbitration shall be
English.
Nothing contained in this paragraph shall
preclude us from applying for and obtaining any injunctive, prohibitory,
equitable or other similar urgent or interim relief from a court of law, if
such judicial process is necessary to prevent serious and irreparable injury.
TERMINATION
You may stop using the Site at any time. If you
wish to terminate your account, you may do so by writing to us at .
We may, at any time, terminate your right to
access and use of the Site and if you breach any provision of the Terms (or act
in a manner that clearly shows you do not intend to, or are unable to, comply
with the Terms).
We may, at any time, terminate your right to
access and use of the Site if we are required to do so by applicable law.
Upon termination, all licenses, and any other
rights and services provided by us shall cease immediately. Any such
termination may result in the forfeiture and destruction of information
associated with your account.
Upon termination, any and all rights granted to
the user will immediately be terminated, and the user shall promptly
discontinue all use of the Site.
Termination of these Terms, or any license, or
user's access to the Site shall be without prejudice to our accrued rights.
All provisions of these Terms which, by their
nature should survive termination shall survive termination, including, without
limitation, the provisions governing any licenses you have granted to us,
ownership of intellectual property, warranty disclaimers, indemnity, and
limitation of liability.
MISCELLANEOUS PROVISIONS
Electronic
Record
: These Terms constitute an electronic record within the meaning
of applicable law and do not require any physical or digital signatures.
Force Majeure:
We
shall not be liable to the users or any other persons or be deemed to be in
breach of these Terms by reason of any delay or deficiency in performing, or
any failure to perform, any of its obligations in relation to the Site or other
obligations hereunder if the delay or deficiency or failure was due to Force
Majeure. For the purposes of these Terms,
“Force
Majeure”
shall mean any event beyond our reasonable control
including, but not limited to any act of God, act of Governmental Authorities,
legislative changes, malicious third party attacks on the Site, electrical
power fluctuations or failures, electrical or electromagnetic stress,
environmental factors, failure of public utilities, labour unrest, hostilities
between nations, war, riot, civil commotions, civil war, insurrection,
blockades, import or export regulations or embargoes, national emergency, rainstorms,
earthquake, fires, flooding, explosion or other exceptional weather conditions
or natural disasters, acts of terrorism, accidents, sabotages, strikes,
shortages in material or supply, destruction of service facilities, infectious
diseases, epidemics, pandemics as well as travel restrictions or travel
warnings due to any such events or any unforeseen change in circumstances.
SpecificRelief
:
You acknowledge that your unauthorised use of the Site may result in
irreparable damage and injury to us and/or our licensors for which money
damages would be inadequate. Consequently, in the event of such unauthorised
use, we, and our licensors (as applicable) shall have the right, in addition to
any other legal remedies available, to seek an immediate injunction against you
prohibiting any further use of the Site.
Legal Actions:
No
action, regardless of form, arising out of or relating to these Terms may be
brought by you after 6 (six) months after the cause of action has accrued,
except where this limitation cannot be imposed by law.
Waiver:
Our
failure to require performance of any provision of these Terms shall not affect
our right to full performance thereof at any time thereafter, and any waiver by
us of a breach of any provision hereof shall not constitute a waiver of a
similar breach in the future or of any other breach. No waiver shall be
effective unless in writing and duly executed by us.
Entire
Agreement:
These Terms including all related agreements and
policies incorporated by reference herein, constitute the entire agreement
between you and us related to the subject matter hereof.
Independent
Rights:
Each of our rights of are independent, cumulative and
without prejudice to all other rights available to us under law, equity or
otherwise, and the exercise or non- exercise of any such rights shall not
prejudice or constitute a waiver of any other right by us, whether under these
Terms or otherwise. Our rights with respect to any matter conferred under any
provision of these Terms shall be in addition to any other rights conferred
under any other provision of these Terms, in law or in equity.
Severability:
If
any provision of these Terms is held to be illegal, invalid, or unenforceable
under present or future laws such provision shall be fully severable.
Thereafter, these Terms shall be construed and enforced as if such illegal,
invalid, or unenforceable provision had never comprised a part of these Terms
and the remaining provisions of these Terms shall remain in full force and
effect and shall not be affected by the illegal, invalid, or unenforceable
provision or by its severance from these Terms. Furthermore, in lieu of each
such illegal, invalid, or unenforceable provision, we shall add as a part of
these Terms, a provision as similar in terms to such illegal, invalid, or
unenforceable provision as may be possible and be legal, valid and enforceable.
Evidence:
Subject
to the applicable laws of evidence, you hereby agree not to object to admission
of these Terms as evidence in legal proceedings.
Proof
:
Any data in our systems can be used as proof for things that relates to your
use of our Site. This data can be used in legal proceedings, in the same way as
any written document.
Assignment
:
These Terms and agreement evidenced by it is personal to you and is not
assignable or transferable by you. We may assign, transfer or delegate any of
our rights and obligations hereunder to any person without your consent.
No Agency
:
No agency, partnership, joint venture, or employment relationship is created as
a result of these Terms and neither party has any authority of any kind to bind
the other in any respect.
Notices:
Any
notices, requests and other communications required or permitted hereunder to
be provided by the user to us shall be in writing, in English language, and
shall be given by hand against written acknowledgement or receipt, or sent by
registered mail, or by email followed by a confirmation of receipt. All notices
will be deemed to have been duly given when received by us. Unless otherwise
specified in these Terms, electronic notices should be sent to . We will
send our notices to the users by way of an email at the email address provided
by the users.
You may contact us at the following address:
NO. 25/1 FT NO.205, 2ND FLOOR,CORAL REEF, BERATENA
AGRAHARA, HOSA ROAD, BANGALORE, Bengaluru
(Bangalore) Urban, Karnataka, 560100
Effective Date:
March, 2024
Copyright 2024:
JN Software Solutions
. All rights reserved. No part of the Site
may be copied, reproduced, modified, or distributed in any form or manner
without the prior written permission of
JN
Software Solutions
.