Terms of Use
1. General
The website is owned and operated by Maxinov Solutions Pvt. Ltd. Your use of the website and your access to it are subject to, and conditional upon, your acceptance of all the terms and conditions contained in these Terms of Use.
2. Eligibility to Use the Website
You represent and warrant that you are accessing the website for business purposes and not as a consumer (i.e., for your own personal use rather than in connection with your business or on behalf of your employer). If you are a consumer, you must cease accessing and using the website.
If you are registering on behalf of a corporate entity, you warrant and represent that you have the authority to bind that corporate entity and that you are duly authorized by the business entity to accept these Terms of Use and the Privacy Policy. You also have the authority to bind that business entity to these Terms of Use and the Privacy Policy.
3. User Account, Password, and Security
Maxinov Solutions may make certain materials available to you through the website only if you have provided Maxinov Solutions with the user information as requested on the website and created an account (“Account”) using a Maxinov Solutions ID and password or any other valid email ID (collectively, the “Account Information”). The website invites you to register as a user by creating an Account as a condition for providing you with access to such materials. You are responsible for maintaining the confidentiality of your Account information and are fully responsible for all activities that occur under your Account.
You shall:
- Provide the required Account Information as specified on the website and update and maintain it to ensure it remains accurate, current, and complete.
- Immediately notify Maxinov Solutions of any unauthorized use of your Account and/or Account Information or any other security breach.
Maxinov Solutions reserves the right to suspend (temporarily or indefinitely), terminate, or block access to the website and/or your Account at any time.
4. Materials
The website serves as a platform facilitating the provision of materials such as case studies, white papers, articles, press releases, videos, ebooks, product sheets, product demos, and infographics (“Materials”) to you.
Your use of the Materials may also be subject to additional procedures, guidelines, rules, terms of service, disclaimers, and notices, or other additional terms and conditions as may be notified to you by Maxinov Solutions from time to time (“Additional Terms”). In the event of any conflict between these Terms of Use and any Additional Terms, the Additional Terms shall prevail.
Subject to these Terms of Use, Maxinov Solutions grants you a non-exclusive, perpetual, non-assignable, non-transferable, revocable, and limited license to use the Materials and print copies of them solely for use within your own business (the “Licensed Rights”). In exercising the Licensed Rights, you shall not:
- Provide copies of, distribute, or otherwise make any part of the Materials available to any third party.
- Sell or charge any third party to receive any Materials.
- Use the Materials, or any part of them, for providing knowledge process outsourcing services or any services similar to or competing with those provided by Maxinov Solutions or any member of its group of companies.
- Use the Materials, or any part of them, for providing a service bureau, including, without limitation, providing third-party hosting, application integration, application service provider-type services, or similar services.
- Modify, translate, copy, adapt, distribute, transmit, display, perform, reproduce, publish, license, transfer, sell, or create derivative works based on the Materials, except as expressly permitted in these Terms of Use.
Maxinov Solutions reserves the right to terminate, for any reason, your right to exercise the Licensed Rights, with immediate notice and without any liability to you.
5. Your Obligations
You agree to use the website and Materials only for purposes permitted by and in accordance with:
(a) These Terms of Use.
(b) The Privacy Policy.
(c) The Additional Terms.
(d) Any applicable law.
You shall not:
Upload to the website any content or files that: (a) Contain viruses, corrupted files, or any other similar software, programs, or material. (b) May damage the operation of the website or another person’s computer. (c) Belong to another person and to which you do not have any right. (d) Are harassing, defamatory, libelous, obscene, pornographic, invasive of another’s privacy. (e) Infringe any patent, trademark, copyright, or other proprietary rights. (f) Are deceiving or misleading. (g) Are otherwise unlawful in any respect.
Engage in any activity that interferes with or disrupts access to the website or its servers and networks.
Attempt to gain unauthorized access to any portion or feature of the website or any other systems or networks connected to the website or to any Maxinov Solutions server.
Disrupt or interfere with the security of the website or cause harm to its systems, resources, accounts, passwords, servers, or networks.
Collect or store data about other users of the website.
Violate any applicable laws or regulations.
Violate these Terms of Use, the Privacy Policy, or any Additional Terms.
Reverse engineer, modify, decompile, disassemble, or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information contained on the website provided by Maxinov Solutions (including, without limitation, any Materials) except as expressly permitted in these Terms of Use.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. Intellectual Property Rights
Maxinov Solutions owns (or licenses from third parties) all intellectual property rights, including, without limitation, patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill, and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of confidential information and know-how, whether registered or unregistered, that exist or may exist in the website and the Materials (“Maxinov Solutions IP”). You shall not acquire any right in respect of the Maxinov Solutions IP other than as expressly stated in these Terms of Use.
You may not delete or alter any text, copyright, trademark, and other proprietary rights in any Materials supplied to you. You agree to abide by all access and use restrictions contained in any Materials or content made available to you.
The trademarks, trade names, designs, logos, and service marks displayed on the website or incorporated in any Materials (“Marks”) are the property of Maxinov Solutions. You are not permitted to use the Marks without the prior written consent of Maxinov Solutions. You shall not refer to or attribute any information to Maxinov Solutions in any public medium or otherwise imply any endorsement by or relationship with Maxinov Solutions.
Except as expressly permitted in these Terms of Use, you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any content appearing on the website without Maxinov Solutions’ prior written consent.
7. Third Party Content
The website may provide links to third-party websites, and some of the content appearing on the website may be sourced from external sources (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources over which Maxinov Solutions has no control. Maxinov Solutions does not provide any warranties with respect to any Third Party Content, and, subject to Section 9, Maxinov Solutions shall not be liable for any loss resulting from your reliance on or use of such Third Party Content.
8. Termination
Maxinov Solutions may, at its sole discretion and without prior notice, terminate your access to the website and block your future access to the website if:
- Maxinov Solutions determines that you breach any of the terms set out in these Terms of Use, the Privacy Policy, or any Additional Terms (or have acted in a manner that shows you do not intend to, or are unable to, comply with the same).
- If Maxinov Solutions is unable to verify or authenticate any information you provide.
- If Maxinov Solutions determines that your actions may cause legal liability for you, other users, or Maxinov Solutions.
You acknowledge that on termination of your Account for any reason, Maxinov Solutions may:
- Remove or limit your access to the website.
- Delete your Account and Account Information, including your personal information, login ID and password, and all related information, files, and materials associated with or inside your Account (or any part thereof).
Subject to Section 9 below, Maxinov Solutions shall not be liable to you or any third party for any termination of your Account, your access to the website, or the deletion of any of your Account Information or other data or information relating to your Account, including, but not limited to, pursuant to Section 8(b) above.
Notwithstanding the foregoing, these Terms of Use, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will remain in effect indefinitely unless and until Maxinov Solutions amends these Terms of Use in accordance with Section 11 below.
9. Disclaimer of Warranties & Limitation of Liability
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS MAXINOV SOLUTIONS’ LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
THE WEBSITE AND ALL MATERIALS ARE PROVIDED BY MAXINOV SOLUTIONS WITH REASONABLE SKILL AND CARE BUT ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF SECTION 9(b) ABOVE, MAXINOV SOLUTIONS MAKES NO WARRANTY THAT:
(I) THE WEBSITE OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE WEBSITE OR ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
(II) THE QUALITY OF THE WEBSITE OR THE MATERIALS WILL MEET YOUR EXPECTATIONS.
SUBJECT TO SECTION 9(a) ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAXINOV SOLUTIONS SHALL NOT BE LIABLE FOR:
- ANY LOSS YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION.
- ANY INTERRUPTION OR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OR FOR ANY OTHER REASON.
- ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THEREFROM.
- ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.
Each party acknowledges that the exclusions and limitations on Maxinov Solutions’ liability set out in this Section 9 are distinct and separate provisions. If any provision or part-provision of this Section 9 is or becomes invalid, illegal, or unenforceable, the provisions of Section 13.c) shall apply.
10. Indemnity
You shall indemnify, defend, and hold harmless Maxinov Solutions from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including attorney’s fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Maxinov Solutions that arise out of, result from, or may be payable by virtue of any Breach (as defined above) or any other breach or non-performance by you of any of the terms of these Terms of Use or your use of the website.
11. Amendment of these Terms of Use
Maxinov Solutions may amend these Terms of Use at any time by publishing any amended or updated version of these Terms of Use on the website. You should regularly visit the webpage at maxinov.com to view the most current version of these Terms of Use.
12. Privacy Policy
You hereby confirm that you have read and agree to all the terms set out in the Privacy Policy.
13. General Provisions
Notices
All notices from Maxinov Solutions will be served by email or by general notification on the website. Any notice provided to Maxinov Solutions pursuant to these Terms of Use should be sent to Maxinov Solutions customer support, the contact details for which are available at info@maxinov.com.
Assignment
You cannot assign or otherwise transfer these Terms of Use or any rights granted hereunder to any third party.
Severability
If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.
Waiver
Any failure by Maxinov Solutions to enforce or exercise any provision of these Terms of Use or any related right shall not constitute a waiver by Maxinov Solutions of that provision or right.
14. Governing Law
These Terms of Use and all transactions entered into on or through the website and the relationship between you and Maxinov Solutions shall be governed in accordance with the laws of New Delhi, India.
You agree that all disputes arising under or in connection with the website, these Terms of Use, or any transactions entered into on or through the website or the relationship between you and Maxinov Solutions shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.
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