Terms and Conditions

Terms and Conditions for the use of the IdentLogic Systems Private Limited website and AddressClean Services

 

Last Modified: 30 April 2016

 

Validity: We reserve the right to modify the terms and conditions (T&C) at any time. To protect your interests, visit this page periodically to know current terms.

 

Feedback: If you have any comments or questions on our T&C or on any other matter, let us know by using our Contact Us page.

 

Use

The terms and conditions (T&C) given below govern your use of our website & all services from IdentLogic Systems Private Limited (ISPL). This T&C includes our Personal Privacy Policy at identlogic.com/personal-privacy-policy/ & Frequently Asked Questions (FAQ) at identlogic.com/faq/

Your agreement to this T&C also includes your agreement to our PPP & FAQ. If you do not agree to these terms, do not click on “Agree” and do not use our website or services.

Your use of our website, services or clicking of the checkbox agreeing to our T&C signifies entire agreement with our T&C. In case you do not agree with them do not use our website or services.

 

Commercial

You agree to promptly pay for all services you purchase.

Your total price will include the price of services plus any applicable tax. Taxes are based on the bill-to address and the tax rate in effect at the time of final payment. Currently there are no taxes for users outside India & in India Service Tax & related cesses are in force.

All sales are final.

Prices for services may change at any time. There is neither price protection nor refunds in case of price reductions or promotional offerings.

 

Electronic contracting: Your use of the services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your full agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into with us, including notices of cancellation, policies, contracts, and applications. You agree to provide accurate and complete information when you request a quote and as you use our services. You agree to update your information to keep it accurate and complete.

 

Third-party materials: Certain content, ISPL products and services available via the ISPL service may include materials from third parties. ISPL may provide links to third-party websites as a convenience to you. You agree that ISPL is not responsible for examining or evaluating the content or accuracy and ISPL does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that ISPL is not in any way responsible for any such use by you.

 

Objectionable material

You hereby agree to use our services only for lawfully acquired content and you will not submit or upload any material that is offensive, indecent, socially undesirable, objectionable, immoral, illegitimate, illegal, property of any other party, copyright violations or which infringes the rights of others, and which may subject you to civil and criminal penalties, including possible monetary damages. Nevertheless, you agree to use our services at your sole risk and ISPL shall have no liability to you for any objectionable material.

ISPL has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the ISPL website or service, to investigate any reported or apparent violation of this T&C, and to take any action that ISPL in its sole discretion deems appropriate, including, without limitation, termination hereunder.

 

Intellectual property

You agree that our website and services contain proprietary information and material including software that is owned by ISPL and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the ISPL service in compliance with this agreement. No portion of the ISPL service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the ISPL website or service in any manner, and you shall not exploit the ISPL website and service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

All copyrights in and to the ISPL service (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) and related software are owned by ISPL and/or its licensors, who reserve all their rights in law and equity. The use of the software or any part of the ISPL service, except for use of the ISPL service as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

The ISPL logo and other ISPL trademarks, service marks, graphics, and logos used in connection with the ISPL service are trademarks or registered trademarks of ISPL. Other trademarks, service marks, graphics, and logos used in connection with the ISPL service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

 

Termination: If you fail, or ISPL suspects that you have failed, to comply with any of the provisions of this agreement, ISPL, at its sole discretion, without notice to you may: (i) terminate this agreement and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) preclude access to the ISPL service (or any part thereof).

 

Disclaimer of warranties

ISPL does not guarantee, represent, or warrant that your use of the ISPL service will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or any express or implied warranty of merchantability or fitness for a particular purpose, title, and non-infringement, or may contain errors or false positives or omissions or inaccuracies that could cause failures, corruption or loss of data and/or information; and ISPL disclaims any liability relating thereto.

You agree that from time to time ISPL may remove the ISPL service for indefinite periods of time, or cancel the ISPL service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the ISPL service is at your sole risk. The ISPL service and all products and services delivered to you are provided “as is” and “as available” for your use, without warranties of any kind.

ISPL shall use reasonable efforts to protect information submitted by you in connection with the ISPL service, but you agree that your submission of such information is at your sole risk, and ISPL hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

Results are uploaded only once and may not be replaced at ISPL discretion if lost for any reason. You shall be responsible for backing up your own result files.

 

Waiver and indemnity: By using the ISPL service, you agree, to the extent permitted by Indian law, to indemnify and hold ISPL, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the ISPL service, or any action taken by ISPL as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from ISPL, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the ISPL service, or to take any other action during the investigation of a suspected violation or as a result of ISPL’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

 

Changes

ISPL reserves the right to modify, suspend, or discontinue the ISPL website or services (or any part or content thereof) at any time with or without notice to you, and ISPL will not be liable to you or to any third party should it exercise such rights.

ISPL reserves the right at any time to modify this agreement and to impose new or additional terms or conditions on your use of the ISPL service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this agreement. Your continued use of the ISPL service will be deemed acceptance thereof.

 

Miscellaneous

This agreement constitutes the entire agreement between you and ISPL and governs your use of the ISPL service, superseding any prior agreements between you and ISPL. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. ISPL’s failure to enforce any right or provisions in this agreement will not constitute a waiver of such or any other provision. ISPL will not be responsible for failures to fulfil any obligations due to causes beyond its control.

ISPL may notify you with respect to the ISPL service by sending an email message to your account email address or a letter via postal mail to your account mailing address, or by a posting on the ISPL service. Notices shall become effective immediately.

ISPL reserves the right to take steps ISPL believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement. You agree that ISPL has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as ISPL believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to ISPL’s right to cooperate with any legal process relating to your use of the ISPL service and/or ISPL products, and/or a third-party claim that your use of the ISPL service and/or ISPL products is unlawful and/or infringes such third party’s rights).

If a service becomes unavailable or delayed due to any reason prior to final result upload, your only possible remedy is a refund if legally allowed, else a credit for future services.

You shall not access or attempt to access any data of others and that you are not authorized to access.

Internet access, ability to upload and download files from a SFTP (Secure File Transfer Protocol), compressing and uncompressing files while encrypting and decrypting them, public key encryption, sending email attachments, etc. are some of the possible requirements for use of our services. Depending on which of these requirements being available to you, ISPL will advise you if you can use our services and if so, in which manner they will be used. You agree that meeting these requirements, which may change from time to time, is your responsibility.

In order to upload or download files from our SFTP site, you must enter your id and password that would have been communicated to you as securely as possible. In case you are using your SFTP site you will securely communicate to us our id and password beforehand. In both cases we will securely communicate beforehand the passphrase that will be used for encrypting and decrypting files.

ISPL is not responsible for typographic errors.

Only persons age 18 years or older can use our website or order services.

 

Limitation of liability: To the extent not prohibited by law, in no event shall ISPL be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use our services, and even if you have been advised of the possibility of such damages. In no event shall ISPL’s total liability to you for all damages exceed the amount of Five Hundred Indian Rupees (INR 500).

 

Jurisdiction

To the extent permitted by Indian law, ISPL shall have no liability with respect to your use of our services. Apart from Indian law, no other law is admissible. All location jurisdictions including invoicing, arbitration, courts, taxes, etc. will be Mumbai, India. Indian Law will solely applicable in all cases and for the entire relationship.

The ISPL service is provided by ISPL from its offices in Mumbai, India. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the ISPL service. All transactions on the ISPL service are governed by Indian law, without giving effect to its conflict of law provisions. Your use of the ISPL service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ISPL or relating in any way to your use of the ISPL service resides in the courts in Mumbai within the state of Maharashtra in India.

 

Disputes and Arbitration: You & ISPL will strongly strive to have a relationship without disputes. In the unlikely case of dispute, you & ISPL will try to resolve the dispute. In case the dispute is unresolved for 4 weeks, the heads of your organisation & ISPL will make an intense attempt to resolve the dispute within another 4 weeks. In case the dispute is still unresolved, you & ISPL will engage in arbitration whose rulings will be accepted by both. Arbitration, if any, will be conducted in Mumbai, India as per the latest terms of the Arbitration and Conciliation Act, of India.

 

Force Majeure: If at anytime during the subsistence of the service, ISPL cannot deliver the service for a long period due to causes beyond its control such as but not limited to internet, electricity or water service provider failure, its office is difficult to reach due to any reason or destroyed or damaged by flood, tempest, flooding, earthquake, accident, social unrest, war, any act of God, or due to any other cause beyond the control of ISPL and not on account of any act, deed or omission attributable to ISPL, then in such event the user shall be entitled to opt to inform ISPL of termination of the service and request for a refund if legally allowed by Indian law, else a credit for future services.

 

Authorisation: By using our website or services, you confirm that you are authorised by your organisation to enter into this agreement.