TERMS OF USE

The following terms “(“Terms of Use”) govern the access, viewing or use by you (hereinafter referred to as the “user”, “you” or “your”) of [ https://nexapp.co.in ] (hereinafter referred to as the “Nexapp Technologies Website”).

The Nexapp Technologies Website is owned and operated by Nexapp Technologies Private Limited, an Indian company having its principal place of business at [Nexapp Technologies Private Limited. Address: 403, 4th floor & 605, 6th floor Suyog Center , Gultekdi Pune - 411037, Maharashtra, India] (“Company“).
 You acknowledge that this Terms of Use will be read in line with any other agreement that you have entered into with the Company in relation to the use and access of the Nexapp Technologies Website.

By accepting the terms herein, or by accessing, viewing or using the Nexapp Technologies Website, you agree to be bound by the Terms of Use and they constitute your binding legal obligations towards the Company in addition to any other agreement that you have entered into with the Company.

The Terms of Use may be modified (including suspension, cancellation, discontinuance of the Nexapp Technologies Website) at any time by the Company by posting the changes on the Nexapp Technologies Website or by e-mailing you, and you agree that it shall be your responsibility to ascertain the changes to the Terms of Use by visiting the Nexapp Technologies Website. Any modified terms shall be applicable to your use of the Nexapp Technologies Website without need for any further consent.

If you do not agree to the Terms of Use, you should not access, view or use the Nexapp Technologies Website.

Definitions

  1. “Privacy Policy” shall mean the privacy policy available at the Nexapp Technologies Website.
  2. “User” or “you” or “your”, shall include any individual or legal entity who uses or accesses the Nexapp Technologies Website in accordance with the Terms of Use.
  3. “Company” or “we” or “us” shall mean Nexapp Technologies Private Limited.
  4. “Information” shall have the meaning ascribed to it under the Policy.

Nexapp Technologies Website Access and User Registration

  1. You agree and understand that the Nexapp Technologies Website and the contents are intended for people who are of the age of 18 years or above and otherwise competent to contract. You hereby represent that you are 18 years of age or above and competent to contract.
  2. You understand that for the purpose of effectively using the Nexapp Technologies Website you will be required to provide accurate information including user Information for the purposes of your registration with the Company.
  3. You represent that you have all rights required to provide the information that you provide to Nexapp Technologies Website, including the user Information and represent that it is true and accurate.
  4. If you register as a legal entity, you represent that you are duly authorized by such legal entity to register and accept the Terms of Use and bind such legal entity to the Terms of Use.
  5. All user Information will be used and processed in accordance with the Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.
  6. You will be solely responsible for maintaining the confidentiality of the password assigned to you and agree that the password is intended for use solely by you.
  7. You will be solely responsible for your acts on the Nexapp Technologies Website including those conducted under the username assigned to You.
  8. You understand and agree that the Company may, in its sole discretion, terminate your access to the Nexapp Technologies Website without notice and you waive any right to claim access to the Nexapp Technologies Website or any other claim that you may have. Any data of your usage may be retained or deleted at Company’s sole discretion.

Permitted Uses

(a) You agree that you will use the Nexapp Technologies Website in accordance with the Terms of Use, the Privacy Policy, and any other agreement that you have entered into with the Company.

(b) You will use the Nexapp Technologies Website and any information available in accordance with all applicable laws and regulations. 

Prohibited Use

In relation to the use and access of the Nexapp Technologies Website its content and features, you agree and undertake not to:(a) re-sell the usage of the Nexapp Technologies Website;(b) upload, transmit or publish any information on behalf of a third party, including any user Information of any person other than you, and more specifically, you will not impersonate another person;(c) upload, transmit or publish any information or material which is grossly harmful, false, misleading, abusive, harassing, bigoted, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;(d) create user accounts by automated means or under false or fraudulent pretenses;(e) take any action that imposes, or may impose an unreasonable or disproportionately large load on the IT infrastructure used by the Nexapp Technologies Website;(f) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Nexapp Technologies Website;(g) upload, transmit or publish any information or material which may harm minors in any way;(h) violate or invade the privacy of any person;

(i) upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Nexapp Technologies Website, Company’s computer systems, or the computer systems of other users or third-party systems;

(j) upload transmit or publish anything which you do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;

(k) deceive or mislead the other users of the Nexapp Technologies Website about the origin of the messages you post or communicate any information which is grossly offensive or menacing in nature;

(l) access the Nexapp Technologies Website in any unauthorized manner, including by hacking or using log-in credentials of any other user;

(m) use the Nexapp Technologies Website for any unauthorized marketing purposes or for sending any unsolicited materials or spamming;

(n) do any acts that threaten 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.

Independent Contractor

You acknowledge that the Company is not acting as your agent. Consequently, the Company shall not be liable for your actions resultant from your use of the Nexapp Technologies Website and expressly waives any liability of the Company in this regard.

Disclaimers

Except otherwise expressly provided, any content or information, therein are provided “as is” without warranty of any kind, either express or implied.

Intellectual Property

You agree and understand that:

(a) the contents of the Nexapp Technologies Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Nexapp Technologies Website and its contents and functionalities shall vest solely with the Company or its licensors.

(b) Save for the limited right to access and use the Nexapp Technologies Website in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Nexapp Technologies Website or any of the contents and functionalities.

(c) To the extent required, you grant to the Company a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of Your intellectual property which You have provided to the Company (or uploaded on to the Nexapp Technologies Website).

(d) You have no right to make any copies of whole or part of the Nexapp Technologies Website or any of the contents therein.

(e) You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Nexapp Technologies Website, save for any user Information that belongs to you.

Indemnity

You shall defend, indemnify and hold harmless the Company its principals, officers and employees against all claims, liabilities and costs (including reasonable attorneys’ fees), brought against the Company in connection with this Terms of Use, arising directly as a result of your actions or omissions or from any third-party claims as a result of your actions or omissions.

Limitation of Liability

The aggregate liability of the Company to You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with this Privacy Policy, your access and use of the Nexapp Technologies Website and its contents and functionalities shall not exceed Rs. 1000/- (INR Rupees One Thousand only).  In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

General 

(a) Termination: The Company reserves the rights to terminate your access to the Nexapp Technologies Website at any time, in its sole discretion at convenience or if you violate the Terms of Use.

(b) Force Majeure: In no event shall the Company be liable for any acts beyond its control or for any acts of god.

(c) Waiver: No waiver of any provision of the Terms of Use shall be binding unless executed and notified by the Company in writing to You. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims You have against the Company arising from Your use of the Nexapp Technologies Website or any other user’s conduct.

(d) Entire Agreement: The Terms of Use, the Privacy Policy and any other agreement entered with its users shall constitute the entire agreement. You enter into with the Company, as relevant, shall constitute the entire agreement between you and the Company for the use of the Nexapp Technologies Website. Any modification to the Terms of Use shall only be binding if posted on the Nexapp Technologies Website by the Company.

(e) Severability: If any provision of the Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of the Terms of Use, which shall remain in full force and effect.

(f) Governing Law: The Terms of Use are governed by the laws of India (without regard to its conflict of laws principles).

(g) Exclusive Jurisdiction: You irrevocably consent to the exclusive jurisdiction of the competent courts located at Pune, Maharashtra India for all disputes arising out of or relating to the Terms of Use. Subject to the foregoing, all disputes arising out of or in connection with this Terms of Use shall be settled in accordance with the rules of Arbitration and Conciliation Act, 1996. The parties shall mutually appoint a sole arbitrator to conduct the arbitration proceedings. The seat and venue of arbitration shall be Pune and the language for arbitration shall be English.

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