Terms Of Use

LAST UPDATED - SEPTEMBER 10, 2016
This Web Site is owned by Valtrix Technologies Private Limited ("Valtrix Systems"), a company incorporated under the Companies Act, 1956 of India, having its registered office a "#No 1462, 25th Cross, HSR Layout Sector 2, Bangalore - 560102, India" and shall be used for informational purposes only.

Your use of the Website is subject to the terms and conditions set forth in these Terms of Use (the “Terms of Use”).

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF OUR TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.

Updates to Terms of Use; Integration

We may, in our sole discretion, modify the Terms of Use with or without notice to you. The “Last Updated” date at the top the Terms of Use will indicate when the latest modifications were made. By continuing to access and use the Website after the Terms of Use are modified, you agree to such modifications. Therefore, you should review the Terms of Use prior to each use of the Website.

In addition, when using particular services or features at the Website, you will be subject to any posted guidelines or policies applicable to such services or features or that may be posted from time to time, including but not limited to the Terms of Use and Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Use.

Privacy Policy

Use of the Website is subject to the terms of our Privacy Policy found here, which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.

Intellectual Property

You acknowledge that all materials at the Website, including the Website’s design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Valtrix Systems and/or its licensors, and are subject to and protected by Indian and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. Valtrix Systems authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Valtrix Systems or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Website are the sole property of Valtrix Systems and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Valtrix Systems and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Valtrix Systems and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Valtrix Systems. Valtrix Systems reserves the right to enforce its intellectual property rights to the fullest extent of the law.

For the avoidance of doubt, your use of the Website is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through this Agreement or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Website are either the property of Valtrix Systems or its affiliates or licensors. Valtrix Systems retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of this Agreement, the license shall also terminate and all rights shall revert to Valtrix Systems without the taking of action on the part of either party. All rights not expressly granted herein by Valtrix Systems to you are fully reserved by Valtrix Systems, its advertisers and licensors.

Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Website may not be owned by Valtrix Systems, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Valtrix Systems, our products and services, or the Website.

Third Party Sites

Links at the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Valtrix Systems does not control or endorse any such third party websites. You agree that Valtrix Systems, as defined below, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Valtrix Systems expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

Use of the Website

You may be required to establish an account at this Website in order to take advantage of certain features of this Website. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Valtrix Systems has reasonable grounds to suspect that such information is false, inaccurate or outdated, Valtrix Systems has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.

You may be prompted to create a username and password to use certain features of the Website. If so, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another member’s account, nor allow others to use your account for any reason. You agree to: (a) immediately notify Valtrix Systems of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Valtrix Systems. The Valtrix Systems Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications and content you post on the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website.

You further agree that you will not access this Website by any means except through the interface provided by Valtrix Systems for access to the Website. Creating or maintaining any link from another website to any page at the Website without the prior authorization of Valtrix Systems is prohibited. Running or displaying this Website, or any information or material displayed at the Website in frames or through similar means on another website or application without the prior authorization of Valtrix Systems is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.

Valtrix Systems makes no representation that Materials contained at the Website or products or services described or offered at the Website Service are accurate, appropriate or available for use in jurisdictions outside India, or that these Terms of Use comply with the laws of any other country. Visitors who use the Website and reside outside India do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not the Valtrix Systems Parties, are responsible for compliance with applicable local laws.

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You retain your rights to any Content you submit, post or display on or through the Website.

For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Website.

Termination

You agree that Valtrix Systems may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Valtrix Systems, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user or the Valtrix Systems Parties.

Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property,” “Content,” “Warranties, Disclaimers and Limitations of Liability,” “Indemnification,” “Applicable Law and Jurisdiction” and “Use of the Website” sections of these Terms of Use.

Valtrix Systems reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Use, you agree that Valtrix Systems Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.

Warranties, Disclaimers and Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, VALTRIX SYSTEMS, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “VALTRIX SYSTEMS PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE VALTRIX SYSTEMS PARTIES MAKE NO WARRANTY THAT: (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

THE VALTRIX SYSTEMS PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VALTRIX SYSTEMS AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE VALTRIX SYSTEMS PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM VALTRIX SYSTEMS VIA THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless the Valtrix Systems Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Website. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

Applicable Law and Jurisdiction

Your use of the Website is governed by and will be enforced under the laws of the Republic of India and the courts in Bangalore, India. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Miscellaneous

These Terms of Use constitute the entire and only Terms of Use between Valtrix Systems and each user of the Website with respect to the subject matter of these Terms of Use.

If any provision of these Terms of Use be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

The failure of the Valtrix Systems Parties to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.

No action arising out of this Terms of Use, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

Customer Service If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, you may email us at [contact@valtrix.in].

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