Last updated November 2020
This ‘Terms of Use’ is formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Terms of Use and Privacy Policy for access or usage of a website. This Terms of Use agreement (the "Agreement") governs your use of this website [insert URL] (the "Website"). The Website is owned and operated by Press9 Solutions Private Limited, a private limited company registered under the provisions of the [Indian] Companies Act 2013 having its registered office at 677, 1st Floor, 27th Main, 13th Cross, HSR Layout, Sector 1, Bangalore 560 102, Karnataka, India (the “Company”). The Company reserves the right to modify the terms contained in this Agreement at any time by posting such modifications on the Website.
The modified Agreement would be effective from the date of modification that is posted by the Company on the Website. If you do not agree to any term that is contained in this Agreement, please immediately cease your use of the Website.
Terms of Offer. The Website operates a platform that enables end users / end customers (“Users”) to gain end-to-end visibility of field service operations with automated work order scheduling, customizable workflows, inventory management and powerful mobile applications (the “Services”).
Proprietary Rights. The Company has proprietary rights in the Website and you may not copy or reproduce the Website or any of its components in any manner. The Company also has rights to all trademarks and trade dress and specific layouts of every page of the Website, including calls to action, text placement, images and other information.
Taxes. You shall be responsible for the payment of any tax that accrues to you under applicable law as a result of your use of the Website.
Subject to the User’s compliance with the terms hereof, the Company hereby grants to each User a limited, non-exclusive, non-transferable, worldwide license, without the right to sublicense, solely for the purpose of enabling the User to use and enjoy the benefit of Services, in the manner permitted by these terms. The User shall not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may a User reverse engineer or attempt to extract the source code of that software, unless prohibit those restrictions, or you have the Company prior written permission.
No User shall, and shall not permit any third party to:
(i) use the Services except to the extent permitted above;
(ii) modify or create any derivative work of any part of the Services;
(iii) permit any third parties to use the Services; or
(iv) market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Services.
This Agreement and the Services provided by the Website are available to any person over the age of eighteen (18) years who registers on the Website in the manner provided herein. Persons below the age of eighteen (18) shall not be entitled to use the Website or the Services, unless such use is through the User account of a parent or legal guardian.
By using the Services, each User grants to the Company a limited, worldwide, non-transferable, non-exclusive, non-sub licensable, royalty-free license to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and make derivative works of the data shared by a User solely in order to enable the User to use the Services. The Company shall have the right to aggregate and anonymize User data and to publish such aggregated and anonymized (non-personally identifiable) data (or) benchmark studies. The Company shall have no right to use User data for any other purpose or share User data with anyone other than the User itself. The Company may use User’s name in any of the customer lists and testimonials, solely for the purpose of identifying you as a customer of the Company.
Each User registering on the Website represents, warrants and undertakes to the Company as follows:
(i) That all information that has been uploaded by the User on the Website is true, complete and accurate;
(ii) [Note to Press9: From a business /commercial perspective, please confirm if we would require the Users to make any more representatives or warranties].
You agree to pay to the Company any fees determined by the Company at the time of signing up for the Services. You also agree that You will be solely responsible for payment of any sales, use, import, export, value added or property tax, duties or other amounts that arise in connection with Your use of the Company’s Services.
the Company will send invoices to You for Your use of the Services and You agree to make payment to the Company within thirty (30) days of receipt of such invoice(s), unless stated otherwise on the invoice.
the Company reserves the right to modify the fees for the Services periodically and at any time by providing a thirty (30) days’ prior written notice to You.
The User shall read and understand the Privacy Policy available at [provide link], so as to ensure that he or she has the knowledge of, (i) certain information that may be collected by the Website; (ii) the purpose of collection and the use that such information is put to; and (iii) the entity that collects and retains the information etc.
(i) The Company is not responsible for the authenticity of the personal information or personal data that is supplied by a User on the Website. The User shall be responsible for maintaining the confidentiality of his/her account access information and password, and the User shall be held solely liable for all usage of his/her user account and password, whether or not authorized by him/her. The User shall be obligated to intimate the Company regarding any misuse or suspected misuse of his/her user Account information.
(ii) Where a User provides information that is not authentic or is incomplete, the Company may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.
Each User represents and warrants to the Company that the content uploaded by them on the Website shall not infringe the intellectual property rights of any person.
Content; Intellectual Property; Third Party Links. In addition to providing the Services as stated above, the Website may also offer other information related to the Services either directly or through indirectly through links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Website. The proprietary rights to all information that is created by the Company and made available on the Website shall belong to the Company alone. Unauthorized use of any content or material that is available on the Website may violate intellectual property rights of other parties. You shall use the content on this Website only for personal, non-commercial use. Any links to third-party websites that are provided on the Website are for convenience and does not amount to the Company being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk.
The Website shall not be used by you for any illegal or unlawful purpose. Your use of the Website shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Website by other Users or Users, and you shall not engage in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).
Please note that the Company is only an “intermediary” as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Website. The Company does not have the ability to control User/User-generated content on the Website. You are solely responsible for your interactions with other Users/Users and any content you post. The Company may monitor interactions between Users and remove any content from the Website that it considers objectionable or inappropriate.
You not host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which you do not have any proprietary right;
(ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harm minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
(ix) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The Company retains the right to remove from the Website any content that contravenes any of the above conditions.
Please note that your use of the Website and the services shall be at your sole risk. The Company disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third party rights with respect to the contents of the Website, or any reliance upon or use of the Website contents or the Services.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY OTHER WEBSITES REFERENCED OR LINKED TO FROM THE WEBSITE PLATFORM. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION.
Further, the Company makes no warranty:
(i) That the content made available on the Website is complete, updated or accurate; or
(ii) That the third party information made available on the Website or the third party links made available on the Website are accurate, reliable or complete.
Except for the breach of confidentiality obligations, under no circumstances and under no legal theory, whether tort (including negligence), product liability, contract, or otherwise, shall the Company be liable to you for any indirect, special, incidental, or consequential damages, even if you have been informed of the possibility of such damages.
You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Website content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Website.
If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third party claim related to your use of any of the Website. You shall notify the Company of any third party legal proceeding that is initiated in relation to the Website or the Services, to which legal proceeding you are a party.
Please refer to the Website Privacy Policy at [provide link], incorporated by reference herein, for information on the policy of the Company with respect to personal and sensitive information that is provided by the Users to the Website.
If you have any questions or grievances regarding the Website, or the contents thereof, you may reach out to Nabyendu Mandal of the Company’s customer support at legal@onpress9.com (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised.
Although the Website may be accessible worldwide, the Company makes no representation that materials on the Website are appropriate or available for use in locations outside India or that the Website complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Website from territories where the content of the Website and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Website from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the Website is void where prohibited.
Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.
Entire Agreement. This Agreement along with the Privacy Policy comprises the entire agreement between you and the Company with respect to the use of the Website.
No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:
Notice to the Company:
Press9 Solutions Private Limited
677, 1st Floor, 27th Main, 13th Cross, HSR Layout Sector 1
Bangalore – 560102
Karnataka, India.
Email: legal@onpress9.com
Notice to User:
At the email address provided by you at the time of registration on the Website.
Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:
(i) the Indian Contract Act, 1872;
(ii) the (Indian) Information Technology Act, 2000;
(iii) the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
(iv) the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
This Website originates from the State of Karnataka in India. This Agreement will be governed by the laws that are applicable in the State of Karnataka. By using this Website, you consent to the jurisdiction and venue of the courts located in Karnataka, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
Termination. The Company may terminate your access to the Website without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.