- Company shall mean “Mahindra Susten Private Limited”.
- "Product(s)" shall mean all products displayed on the Website.
- “Service” means collectively any online facilities, tools, services or information that are available for marketing through the website either now or in the future.
- "User(s)/You/Your" shall mean any natural or legal person who accesses, uses, deals with and/or at the Website in any way.
- “Website” means the website that you are currently using www.machinepulse.com and any sub-domains of this site, unless expressly excluded by its own terms and conditions.
- The Agreement between the Company and the User is an electronic record in terms of Information Technology Act, 2000 (as amended by the Information Technology (Amendment) Act, 2008) and rules made thereunder pertaining to electronic records in various statutes. The Agreement is generated as an electronic record by a computer system and does not require any physical or digital signatures and is also published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
- Your use of this Website (including, without limitation, all content, software, functions, services, materials and information made available or described on this Website or accessed by means thereof), and any marketing or promotional activities or any other item or service provided via this Website ("ancillary service"), is at your sole risk. The Website is provided on an "as is" and "as available" basis.
- The information, Products link offered on this Website, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. The Company, its affiliate companies, associate companies, consultants, contractors, advisors, accountants, agents and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, Services and Products offered on this Website. The Company is not responsible for the information relating to the various products offered on this Website and makes no representation as to accuracy, completeness of the same.The Company, its affiliates, associate companies, accountants, advisors, agents, consultants, contractors and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
- The Company has no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding any of the following: which users gain access to the Website; what content users access through the Website; what effects the content may have on users; how users may interpret or use the content; or what actions users may take as a result of having been exposed to the content. We cannot guarantee the authenticity of any data or information that users provide about themselves or their campaigns and projects. You release us from all liability for your having acquired or not acquired content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content on the Website, and we are not liable for the accuracy, copyright compliance, legality, or decency of material contained on the service.
- ELIGIBILITY TO USE THE WEBSITE:
- Use of the Website is available only to natural and / or legal persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website in any manner. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website or use the Website. As a minor if you wish to use theWebsite, such use may be only made by your legal guardian or parents on your behalf on the Website. Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years.The Company reserves the right to initiate legal action against any person who solicits a minor to register as anUser on the Website, even after knowledge that he/she is under the age of 18 years.
- We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.
- We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products listed or displayed or the content (including product information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, Products, Services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any Products or provision of Service on the Website. At no time shall any right, title or interest in the Products sold through or displayed on the Website vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the website.
- RIGHT OF COMPANY TO AMEND TERMS
- REGISTRATION, DATA AND OBLIGATIONS
- If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity under any circumstances, whatsoever. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit/logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- INTELLECTUAL PROPERTY RIGHTS NOTICE
Copyright © Mahindra Susten Private Limited.
- The Company is the sole and exclusive owner / licensee and / or proprietor of all copyrights, designs, patents, trademarks, service marks, trade secrets, know-how, technical information and any other form of intellectual property rights and other proprietary rightswith respect to the Website, including without limitation to such as text, graphics, images, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, other files and software) forming part of the Website (“Company IPR”).
- You shall not use any of the Company IPR without prior written consent from the Company, in connection with any product or service that is not in any manner connected or provided by the Company or its affiliates, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Products or the Company or its affiliates or otherwise misuse, deface, alter the Trademarks appearing on the Products.
- All other trademarks, copyrightswith respect to the various Products/ Services for sale through the Website shall remain the exclusive intellectual property of their respective owners and the Company shall not claim any rights, benefits, interest or affiliation in connection with such intellectual property, unless otherwise expressly provided for.
- Nothing on the Website or your use of any of the Services shall be construed as conferring any license or other rights in the Company IPR, or any third party, whether implied or otherwise, save as expressly provided.
- Any photographs/ software, including codes or other materials that are made available to download from the Website, is the copyrighted work of Mahindra Susten Pvt. Ltd.and/or its suppliers and affiliates. If you download software from the Website, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of the Company in the case of codes or other downloadable materials.
- You shall not create or attempt to create any domain names or solicit for creating such domain names which are identical/deceptively similar to the Website. You shall not also engage in activities such as deep linking/hyper linking on web pages of the Website. The Company reserves the right to initiate any action as it may deem fit, in case of any of the aforesaid activities similar to the Website.
- You agree that the contents appearing on the Website and the Products may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws including intellectual property rights. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in the Website.
- The Agreement permits you to use the Website for your personal use only and you must not access or use any part of the Website or any services or materials available through the Website for any commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, disseminate or transmit any of the material on our Website, in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
Access to the Website is free and Company does not charge any fee for browsing the Website. Company reserves the right to change its fee policy from time to time. In particular, Company may at its sole discretion introduce new Services/Products and modify some or all of the existing Product/services offered on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company.
- REPRESENTATION AND WARRANTY ON BEHALF OF THE USER
- User represents and warrants that User is the owner and/or authorized to share the information. User gives on the Website and that the information is correct, complete, accurate, not misleading, does not violate any law, notification, order, circular, policy, rules and regulations, is not injurious to any person or is discriminatory with respect to sex, caste, race or religion and/or property.
- User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, associate companies, advisors, accountants, agents, consultants, contractors and/ or suppliers for all claims resulting from information User posts and/or supplies to the Company. The Company shall be entitled to remove any such information posted by User without any prior intimation to User.
- User understands that the Company does not have any control on accuracy of information submitted by anybody on the Website and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses etc. due to inaccuracy of any information submitted by User or anybody else on the Website.
- User shall not upload on the Website or otherwise distribute or publish through the Website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist or which is otherwise unlawful or designed to cause disruption to any computer systems or network. The Company shall be entitled without liability to the User and at our discretion to remove any such content from our server immediately. No user shall post any message to the Website which is in violation of the acceptable use policies in respect of this Website. We reserve the right to delete and remove all such postings.
- In the event, User is required to submit his/her information on the Website (“User Submissions”), User agrees and undertakes that the User shall be solely responsible for the same and confirms that such User Submissions:
- is complete, correct, relevant and accurate.
- is not fraudulent.
- does not infringe any third party's intellectual property, trade secret and/or other proprietary rights and/or privacy.
- shall not be defamatory, libelous, unlawfully threatening and/or unlawfully harassing.
- shall not be indecent, obscene and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
- shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
- shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
- shall not be technically harmful (including, without limitation, computer/ mobile viruses, worms, or any other code or files) or other computer programming routines that may damage, destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
- shall not create liability for the Company or cause the Company to lose the services of the Company's ISPs or other suppliers.
- is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, mass mailings and/or any form of 'spam' or solicitation.
- is not illegal in any other way.
- You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights, if any, in connection with (a) the Products, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions in connection with the Products; and (iv) use and publish, and permit others to use and publish, the User Submissions, names, likenesses, and personal and biographical materials of User, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions. Further, the User agrees and understands that the Company reserves the right to remove and/or edit such User Submissions or part thereof.
- User confirms that he/she shall abide by all notices and all the terms and conditions (as amended from time to time) contained and mentioned herein.
- User undertakes and confirms that User shall not use the Company’s Website, Products and/or services therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws. User shall not use the Website and/or services therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other User’s use and enjoyment of the Website and/or services therein.
- User shall not attempt to gain unauthorized access to any service on the Website, other Users’ Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means. User shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website.
- The Website may contain certain material or advertising submitted by other Users/third parties.
- The Company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on such Users and advertisers and the Company will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The Company reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion.
- The Company may, at any time, terminate or suspend any and all services and/ or access to the Website immediately, without prior notice and/or liability. The services and/ or access to the Website may also be terminated or suspended if:
- User breaches any of the terms or conditions of the Agreement and/or other incorporated agreements and/or guidelines.
- Requests by law enforcement and/or other government agencies.
- Discontinuance and/or material modification to the Website and/ or service (or any part thereof).
- Unexpected technical and/or security issues and/or problems.
- Engagement by the User in fraudulent and/or illegal activities.
- Non-payment of any fees owed by the User in connection with the use of Website and/ or services.
- Termination of User account includes:
- Removal of access to all offerings within the service.
- Deletion of User password and all related information, files and content associated with or inside User account (or any part thereof).
- Barring of further use of the Website and/ or service.
- Further, the User agrees that all terminations for cause shall be made in Company's sole discretion and that Company shall not be liable to the User or any third party for any termination of User account, any associated email address, or access to the services. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.
- We also reserve our right to enforce appropriate sanctions against any of the Users of the Website who are responsible for abuse of the Website. Such sanctions may include, but are not limited to (a) a formal warning, (b) suspension of access through the Website or Products, (c) termination of any registration of the User with our Website or services.
- LINKS TO OTHER WEBSITES
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material
If the Website contains links to other sites and resources provided by third parties, these links are provided for yourconvenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If youdecide to access any of the third party websites linked to this Website, you do so entirely at yourown risk and subject to the terms and conditions of use for such websites.
The third party websites are not under Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other website/ hyperlink, and will not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses. You acknowledge that framing the Website or any similar process is prohibited.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) made by any third party and/or penalty imposed due to and/or arising out of breach of the Agreement by User, and/or violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User's account, of any intellectual property and/or other right of any person and/or entity.
- DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
Dispute Resolution:Any dispute or difference either in interpretation or otherwise, of any terms of this Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai.
- FORCE MAJEURE
The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement,or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.
Waiver and Severability
The owner of the Website is based in India. We make no claims that the Website or any of its content are appropriate outside of India. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside India, You do so on Your own initiative and are responsible for compliance with local laws.
All service complaints relating to the functioning of the Website can be logged in through the details specified below, which will be attended by an appointed personnel of the Company. Meenal Agarwal
For any service related queries or complaints relating to the Website, you can write to us at firstname.lastname@example.org
Thank you for visiting the Website.