Terms & Conditions

FORMCEPT Technologies and Solutions Private Limited, BANGALORE

TERMS OF USE

YOUR ACCESS AND USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE INDIAN AND INTERNATIONAL LAWS AND TREATIES.

1. INTRODUCTION

  1. This Web site (the “Web Site”) is a service made available by (“Provider”) and all contents, information, products, services, software and software provided and any policies, guidelines or amendments thereto that may be presented to you from time to time on and through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”) without any limitation or qualification. The right to use the Website is personal to you and is not transferable to any other person or entity. Should you object to any term or condition of the terms of use, your only recourse is to immediately discontinue usage of this site. The Provider also reserves the right to terminate this license at any time without assigning any reasons thereof.
  2. Upon the termination of your use of , FORMCEPTwill close your account without any further notice thereof and you will no longer be able to retrieve content contained in that account.
  3. The Provider FORMCEPT reserves the right at sole discretion to change, modify or alter in full or any part of these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes constitutes your automatic consent to such changes in the terms of use.

2. NOTICE

You agree that FORMCEPT may provide you with notices, including those regarding changes to the terms, by email, regular mail or postings on this web site as and when deemed necessary.

3. USE OF SERVICES

  1. License

    Subject to these Terms of use, FORMCEPT grants you a personal, non-transferable and non-exclusive, revocable, limited right and license to access and use the contents of this website and object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by FORMCEPT in writing.

  2. Limitations on Use

    1. The Contents on this Website are for personal use only and not for any commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content or otherwise attempt to discover any source code contained in the Website. Nor
      may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
    2. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of FORMCEPT, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademarks, and other proprietary notices.
    3. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Contents of this Website without Provider’s prior written permission.
    4. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted above.
    5. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through this Website in violation of the export control laws and regulations of India. Any unauthorized use of the contents of this Website is prohibited.
    6. You agree that FORMCEPT has no responsibility or liability for the deletion or failure to store any Content and any products, functionality provided by this site.
    7. You acknowledge that FORMCEPT may have set no fixed upper limit on the number of transmissions that you may send or receive through this site or the amount of storage space used; however, FORMCEPT reserves the right, at its sole discretion, to create limits at any time with or without notice.
    8. You agree not to post any text, files, images, video, audio, or other materials. You agree not to access and use modified versions of the Software, contents of this website including (without limitation) for the purpose of obtaining unauthorized access to FORMCEPT’s services.
    9. By adding any contents to this Website, you grant and you represent and warrant that you have the right to grant, to FORMCEPT an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the said contents.
    10. The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and FORMCEPT unless and until you have obtained a valid license by purchase of the Software.
    11. Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of FORMCEPT.
    12. You also agree not to use this site in any way that:
      1. Infringes any patent, trademark, trade secret, copyright or other proprietary rights of FORMCEPT or any third party;
      2. Contains photos or videos of someone else unless you have their explicit permission.
      3. Violates any State, Federal or other laws;
      4. Threatens, harasses or is libelous;
      5. Is harmful to minors;
      6. Contains self-benefiting advertising or marketing;
      7. Produces Software viruses or code harmful to other computers;
      8. Violates the normal dialogue of users at the site with harmful or excessive disruptive content;
      9. Employs misleading or false information;
      10. Uses forged headers or other items to manipulate identifiers in order; and
      11. To disguise the origin of content.

4. LINKS

  1. Links on this site may lead to services or sites not operated by FORMCEPT. FORMCEPT may have no control over such sites and resources. You acknowledge and agree that no judgment or warranty is made with respect to such other services or sites and FORMCEPT takes no responsibility or liability for any content, advertising, products, or other materials on or available from such other sites or resources.
  2. You further acknowledge and agree that FORMCEPT 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 use of or reliance on any such content, products, software, information or services available on or through any such other sites or resources.
  3. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.
  4. This site and its contents are provided on “as is where is” and “as available” basis and FORMCEPT makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site.

5. PROPRIETARY RIGHTS INCLUDING COPYRIGHT AND TRADEMARKS

All Copyrights, Trademarks used or referred to in this website are the sole and absolute property of FORMCEPT.

6. FORMCEPT‘S RIGHTS

  1. You acknowledge and agree that the contents and all products, services of FORMCEPT including any necessary software used in connection with this website (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
  2. You further acknowledge and agree that contents of the sponsor advertisements or any material presented to you through the website of FORMCEPT is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by FORMCEPT, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content, products, services or Software, in whole or in part except as specifically authorized in a separate written agreement.
  3. Except as expressly authorized by FORMCEPT you agree not to use, copy, imitate or incorporate any other trademark, service mark, trade dress, company name or product name in a way that is likely to cause confusion among the consumers.
  4. You also agree not to remove, obscure or alter FORMCEPT copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through this website.
  5. Nothing contained in this website shall be construed as conferring by implication, estoppels, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of FORMCEPT or any third party.

7. YOUR RIGHTS

  1. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through this website and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through this website which are intended to be available to the members of the public, you grant FORMCEPT a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content on FORMCEPT‘s web site for the purpose of displaying, distributing and promoting the products, software and other contents of FORMCEPT. FORMCEPT reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion or to syndicate content submitted, posted or displayed by you on or through this web site and use that content in connection with any products or services offered by FORMCEPT.
  2. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted to FORMCEPT‘s web site.

8. INDEMNITY

You agree to hold harmless and indemnify FORMCEPT against any third party claim arising from or in any way related to your use of FORMCEPT‘s services, violation of these Terms of use or any other actions connected with use of the contents, products, software, information and services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers’ fees, of every kind and nature. In such a case, FORMCEPT will provide you with a written notice of such claim, suit or action.

9. WARRANTY

  1. FORMCEPT expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will FORMCEPT be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.
  2. You are responsible for maintaining the confidentiality of your account password and are also responsible for all activities that occur under your account. You agree to immediately notify FORMCEPT of any unauthorized use of your password or account or any other breach of security.
  3. FORMCEPT shall not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

10. CHOICE OF LAWS AND FORUM

  1. FORMCEPT maintains this site and you agree that these terms of use and any legal action or proceeding relating to this site shall be governed by Indian laws and all International Treaties. If you attempt to bring any legal proceedings against FORMCEPT you specifically acknowledge that FORMCEPT is free to choose the jurisdiction of its preference as to where such action against it may be held.
  2. FORMCEPT provides the contents of this site provided that you are of legal age to form a binding contract and are not a person barred from receiving services under Indian laws and International Laws and Treaties. In order to access certain services, you may be required to provide current, accurate identification, contact and other information as part of the registration process and/or continued use of this site.

11. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of use, there shall be no third party beneficiaries to these Terms.

12. WAIVER AND SEVEREABILITY

The failure of FORMCEPT to exercise or enforce any right or provision of these Terms of use shall not constitute a waiver of such right or provision. If any provision of these Terms of use is found to be invalid by any law or court of competent jurisdiction, FORMCEPT and the user of this site nevertheless agree that such invalid provisions may be modified to give effect to their intentions as reflected in this Terms of use and the other provisions of these Terms of use shall remain in full force and effect.

13. STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of FORMCEPT services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect.

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