Terms and Conditions
1.1.1.These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (�you�) and [business entity Gegevens] (�we,� �us� or �our�), concerning your access to and use of the [website andgegevens.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the �Site�).
1.1.2.You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
1.1.3.Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
1.1.4.It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
1.1.5.The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.1.6.Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.1.7.The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.
1.1.8.These Terms and Conditions describe Our terms, policies and procedures of the services that We offer, use and disclosure of Our service terms and condition information when You use our Service or make any deal with Us as Client, Employee or any legal entity and tells You about Your acceptance towards the policies, terms and conditions to deal with us.
1.1.9.
Please note, there is no other
formalities and steps to follow. If You are making any deal with Us or getting
employed with us, this will be treated as You have read all the Policies and
Terms and Conditions and Your acceptance towards all the Policies and following
Terms and Conditions.
1.1.10.1.1. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE�S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
1.1.10.1.2. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
1.1.11.
INTERPRETATION
AND DEFINITIONS
1.1.11.1.1.
Interpretation
1.1.11.1.2.
The words of which the initial
letter is capitalized have meanings defined under the following conditions. The
following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
1.1.11.1.3.
Definitions
1.1.11.1.4.
For the purposes of this Terms and
Conditions and Policies:
1.1.11.1.4.1. Account means a unique account created for You to access our Service or parts of our Service.
1.1.11.1.4.2. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Gegevens Software and Analytics Company.
1.1.11.1.4.3. Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
1.1.11.1.4.4. Country refers to: India
1.1.11.1.4.5. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
1.1.11.1.4.6. Personal Data is any information that relates to an identified or identifiable individual.
1.1.11.1.4.7. Service refers to the Website and any business transaction with anybody.
1.1.11.1.4.8. Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
1.1.11.1.4.9. Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
1.1.11.1.4.10. Third-party refers to any legal entity other than the Company.
1.1.11.1.4.11. Product refers to any services, digital or physical which is provided by the Company or used by the Company.
1.1.11.1.4.12. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
1.1.11.1.4.13. Website refers to Gegevens Software and Analytics Company, accessible from https://www.andgegevens.com and the pages under this domain and on its all the subdomains.
1.1.11.1.4.14. You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1.1.11.1.4.15. �Agent� means any third party that collects and/or uses Personal Information provided by We to perform tasks on behalf of and under the instructions of We.
1.1.11.1.4.16. �Controller� means a person or organization which, alone or jointly with others, determines the purposes and means of the Processing of Personal Information.
1.1.11.1.4.17. �Human Resource Data� means Personal information concerning We employees or prospective employees.
1.1.11.1.4.18. An �Identified� or �Identifiable� individual is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the person�s physical, physiological, mental, economic, cultural or social identity.
1.1.11.1.4.19. �Personal Information� is information or data about an �Identified� or �Identifiable� (see definition above) individual. It does not include information that is anonymous, aggregated or in circumstances where the individual is not readily identifiable.
1.1.11.1.4.20. �Policy� means this Global Data Privacy Policy, Internal Policies, HR Policies and all the other policies which are posted as any specifically named policy on the site or in our intranet site, as revised.
1.1.11.1.4.21. �Processing� or �Process� means any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.1.11.1.4.22. �Misconduct� means any unacceptable behavior, especially by a professional person.
1.1.11.1.4.23. �Intranet� means a system of computers inside an organization that makes it possible for people who work there to look at the same information and to send information to each other.
1.1.11.1.4.24. �VPN� means Virtual Private Network.
1.1.11.1.4.25. �Taproute� is the name a programme for probational period for any full-time, part-time, contractual employee or freelancers.
1.1.12.1.1.
We may change, update, alternate our
policies and terms and conditions time to time according to our business needs.
Hereby, We are making this very clear that, we will not notify You about any
changes on them to You by any channel. The updates will be published on there
respective pages and will be applicable with immediate effect if there is no
exception or establishment date and time mentioned.
1.1.12.1.2.
You are ensuring that, you will keep
yourself updated with our all of the Policies and Terms and Conditions by
visiting those pages periodically, at Your own responsibility.
1.1.12.1.3.
Updated Policies and Terms and
Conditions will be applicable from any previous dealings before the update if
there is no exception has been mentioned.
1.1.13.1.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
1.1.13.1.2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
1.1.13.1.3. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
1.1.13.1.4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
1.1.13.1.5. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
1.1.14.1.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the �Content�) and the trademarks, service marks, and logos contained therein (the �Marks�) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the India, foreign jurisdictions, and international conventions.
1.1.14.1.2. The Content and the Marks are provided on the Site �AS IS� for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
1.1.14.1.3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
1.1.15.1.1. By using the Site, you represent and warrant that:
1.1.15.1.1.1.1. all registration information you submit will be true, accurate, current, and complete;
1.1.15.1.1.1.2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
1.1.15.1.1.1.3. you have the legal capacity and you agree to comply with these Terms and Conditions;
1.1.15.1.1.1.4. you are not under the age of 18;
1.1.15.1.1.1.5. not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site];
1.1.15.1.1.1.6. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
1.1.15.1.1.1.7. you will not use the Site for any illegal or unauthorized purpose;
1.1.15.1.1.1.8. your use of the Site will not violate any applicable law or regulation.
1.1.15.1.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
1.1.16.1.1. You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
1.1.17.1.1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
1.1.17.1.2. As a user of the Site, you agree not to:
1.1.17.1.2.1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
1.1.17.1.2.2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
1.1.17.1.2.3. use a buying agent or purchasing agent to make purchases on the Site.
1.1.17.1.2.4. use the Site to advertise or offer to sell goods and services.
1.1.17.1.2.5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
1.1.17.1.2.6. engage in unauthorized framing of or linking to the Site.
1.1.17.1.2.7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
1.1.17.1.2.8. make improper use of our support services or submit false reports of abuse or misconduct.
1.1.17.1.2.9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
1.1.17.1.2.10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
1.1.17.1.2.11. attempt to impersonate another user or person or use the username of another user.
1.1.17.1.2.12. sell or otherwise transfer your profile.
1.1.17.1.2.13. use any information obtained from the Site in order to harass, abuse, or harm another person.
1.1.17.1.2.14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
1.1.17.1.2.15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
1.1.17.1.2.16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
1.1.17.1.2.17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
1.1.17.1.2.18. delete the copyright or other proprietary rights notice from any Content.
1.1.17.1.2.19. copy or adapt the Site�s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
1.1.17.1.2.20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party�s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
1.1.17.1.2.21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (�gifs�), 1�1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as �spyware� or �passive collection mechanisms� or �pcms�).
1.1.17.1.2.22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
1.1.17.1.2.23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
1.1.17.1.2.24. use the Site in a manner inconsistent with any applicable laws or regulations.
1.1.17.1.2.25. [other]
1.1.18.1. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
1.1.18.2. Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1.1.18.2.1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
1.1.18.2.2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
1.1.18.2.3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the Gegevens or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
1.1.18.2.4. your Contributions are not false, inaccurate, or misleading.
1.1.18.2.5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
1.1.18.2.6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
1.1.18.2.7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
1.1.18.2.8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
1.1.18.2.9. your Contributions do not violate any applicable law, regulation, or rule.
1.1.18.2.10. your Contributions do not violate the privacy or publicity rights of any third party.
1.1.18.2.11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
1.1.18.2.12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
1.1.18.2.13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
1.1.18.2.14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
1.1.18.2.15. Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
1.1.19.1.1. By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
1.1.19.1.2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
1.1.19.1.3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
1.1.19.1.4. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.�
1.1.19.1.5. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
1.1.20.1.1. We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
1.1.20.1.1.1.1. you should have firsthand experience with the person/entity being reviewed;
1.1.20.1.1.1.2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
1.1.20.1.1.1.3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
1.1.20.1.1.1.4. your reviews should not contain references to illegal activity;
1.1.20.1.1.1.5. you should not be affiliated with competitors if posting negative reviews;
1.1.20.1.1.1.6. you should not make any conclusions as to the legality of conduct;
1.1.20.1.1.1.7. you may not post any false or misleading statements;
1.1.20.1.1.1.8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.
1.1.20.1.2. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
1.1.20.1.3. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
1.1.21.1.1.1.1. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
1.1.21.1.1.1.2. You shall not:
1.1.21.1.1.1.2.1.1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
1.1.21.1.1.1.2.1.2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
1.1.21.1.1.1.2.1.3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
1.1.21.1.1.1.2.1.4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
1.1.21.1.1.1.2.1.5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
1.1.21.1.1.1.2.1.6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
1.1.21.1.1.1.2.1.7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
1.1.21.1.1.1.2.1.8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
1.1.21.1.1.1.2.1.9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
1.1.21.1.2.1.1. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an �App Distributor�) to access the Site:
1.1.21.1.2.1.1.1.1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor�s terms of service;
1.1.21.1.2.1.1.1.2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
1.1.21.1.2.1.1.1.3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
1.1.21.1.2.1.1.1.4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a �terrorist supporting� country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
1.1.21.1.2.1.1.1.5. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
1.1.21.1.2.1.1.1.6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.�
1.1.22.1.1. As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a �Third-Party Account�) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
1.1.22.1.2. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
1.1.22.1.3. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the �Social Network Content�) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
1.1.22.1.4. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
1.1.22.1.5. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
1.1.22.1.6. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
1.1.22.1.7. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
1.1.22.1.8. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
1.1.22.1.9. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
1.1.23.1.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
1.1.23.1.2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
1.1.24.1.1. The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
1.1.24.1.2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
1.1.24.1.3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
1.1.24.1.4. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
1.1.24.1.5.
You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or
harm caused to you relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
1.1.24.1.6. We may use any Third-Party service provider to provide few services. You need to adhere with there Terms and Conditions, Privacy Policy and the other terms of service, use, according to them. If any hyperlink forwards You to any Third-Party service provider�s website, You assure that You will go through and adhere their terms and policies at Your own responsibilities.
1.1.25.1.1. We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
1.1.25.1.2. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
1.1.25.1.3. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (�DMCA�) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.��
1.1.26.1.1. We reserve the right, but not the obligation, to:
1.1.26.1.1.1.1. monitor the Site for violations of these Terms and Conditions;
1.1.26.1.1.1.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
1.1.26.1.1.1.3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
1.1.26.1.1.1.4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
1.1.26.1.1.1.5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
1.1.27.1.1.1. We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a �Notification�). [email protected]
1.1.27.1.1.2. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
1.1.27.1.1.3. All Notifications should meet the requirements of DMCA 17 U.S.C. � 512(c)(3) and include the following information:
1.1.27.1.1.3.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
1.1.27.1.1.3.2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
1.1.27.1.1.3.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
1.1.27.1.1.3.3.1. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
1.1.27.1.1.3.3.2. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
1.1.27.1.1.3.3.3. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
1.1.27.1.2.1. If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a �Counter Notification�).
1.1.27.1.2.1.1. To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
1.1.27.1.2.1.1.1. identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
1.1.27.1.2.1.2. a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
1.1.27.1.2.1.3. a statement that you will accept service of process from the party that filed the Notification or the party's agent;
1.1.27.1.2.1.4. your name, address, and telephone number;
1.1.27.1.2.1.5. a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
1.1.27.1.2.1.6. your physical or electronic signature.
1.1.27.1.2.1.7. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
1.1.27.1.2.1.8. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
1.1.28.1.1. We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a �Notification�). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
1.1.28.1.2. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
1.1.29.1.1. These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
1.1.29.1.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
1.1.29.1.3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
1.1.29.2.1.
Any
affirmative reply via any digital communication channel, like email or any
Instant Messaging App or even on a call
1.1.29.2.2.
Going
ahead / starting any deal with any business or employment agreement with the
Company
1.1.29.2.3.
Any
Digital Signature with certificate and by sharing the public key with the
Company for the same
1.1.29.2.4. Using any on screen signature tool (Like DocuSign) to draw signature on a digitally distributed document or agreement
1.1.29.3. Anyone of the above will be treated as
equivalent to Your physical presence, written consent and acceptance with the
respective agreement. So You are advised to go through any digital
communication thoroughly, understand and then get back to Us with Your consent.
1.1.30.1.1. These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the Kolkata, West Bengal, India applicable to agreements made and to be entirely performed within the Kolkata, West Bengal, India without regard to its conflict of law principles.
1.1.31.1.1. Any legal action of whatever nature brought by either you or us (collectively, the �Parties� and individually, a �Party�) shall be commenced or prosecuted in the state and courts located in India County, West Bengal, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in such state and courts.
1.1.32.1.1. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
1.1.33.1.1. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1.1.33.1.2. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
1.1.34.1.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys� fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
1.1.34.1.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
1.1.35.1.1. We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
1.1.35.1.2. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
1.1.36.1.1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
1.1.36.1.2. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
1.1.36.1.3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
1.1.37.1.1.
GENERAL
1.1.37.1.1.1.1. This Non-Disclosure and Confidentiality Agreement (this �Agreement�) is entered into as of You / Your Organization, from the date of association (the �Effective Date�) by and between:
1.1.37.1.1.1.2. Disclosing Party: Us, as a Partnership and
1.1.37.1.1.1.3. Receiving Party: of any of our client, as any of those ☐� �Individual��
1.1.37.1.1.1.4. ☐� �Corporation� ☐� �Limited Liability Company�� ☐� �Partnership�� ☐� �Limited Partnership�� ☐� �Limited Liability Partnership ("Receiving Party")
1.1.37.1.1.1.5. Disclosing Party and Receiving Party have indicated an interest in exploring a potential business relationship relating to: any transaction (the �Transaction�).
1.1.37.1.1.1.6. In connection with its respective evaluation of the Transaction, each party, their respective affiliates and their respective directors, officers, employees, agents or advisors (collectively, �Representatives�) may provide or gain access to certain confidential and proprietary information. A party disclosing its Confidential Information to the other party is hereafter referred to as a �Disclosing Party.� A party receiving the Confidential Information of a Disclosing Party is hereafter referred to as a �Receiving Party.� In consideration for being furnished Confidential Information, Disclosing Party and Receiving Party agree as follows:
1.1.37.1.1.1.6.1. Confidential Information.
1.1.37.1.1.1.7. ☐�� All information shared by Disclosing Party. "Confidential Information" shall mean (i) all information relating to Disclosing Party�s products, business and operations including, but not limited to, financial documents and plans, customers, suppliers, manufacturing partners, marketing strategies, vendors, products, product development plans, technical product data, product samples, costs, sources, strategies, operations procedures, proprietary concepts, inventions, sales leads, sales data, customer lists, customer profiles, technical advice or knowledge, contractual agreements, price lists, supplier lists, sales estimates, product specifications, trade secrets, distribution methods, inventories, marketing strategies, source code, software, algorithms, data, drawings or schematics, blueprints, computer programs and systems and know-how or other intellectual property of Disclosing Party and its affiliates that may be at any time furnished, communicated or delivered by Disclosing Party to Receiving Party, whether in oral, tangible, electronic or other form; (ii) the terms of any agreement, including this Agreement, and the discussions, negotiations and proposals related to any agreement; (iii) information acquired during any tours of Disclosing Party�s facilities; and (iv) all other non-public information provided by Disclosing Party whosoever. All Confidential Information shall remain the property of Disclosing Party.
1.1.37.1.1.1.7.1. ☐�� and Other: if any
1.1.37.1.1.1.8. Exclusions from Confidential Information. The obligation of confidentiality with respect to Confidential Information will not apply to any information:
1.1.37.1.1.1.9.
If the information is or becomes publicly known
and available other than as a result of prior unauthorized disclosure by
Receiving Party or any of its Representatives;
1.1.37.1.1.1.10.
If the information is or was received by
Receiving Party from a third party source which, to the best knowledge of
Receiving Party or its Representatives, is or was not under a confidentiality
obligation to Disclosing Party with regard to such information;
1.1.37.1.1.1.11.
If the information is disclosed by Receiving
Party with the Disclosing Party�s prior written permission and approval;
1.1.37.1.1.1.12.
If the information is independently developed by
Receiving Party prior to disclosure by Disclosing Party and without the use and
benefit of any of the Disclosing Party�s Confidential Information; or
1.1.37.1.1.1.13.
If Receiving Party or any of its Representatives
is legally compelled by applicable law, by any court, governmental agency or
regulatory authority or by subpoena or discovery request in pending litigation
but only if, to the extent lawful, Receiving Party or its Representatives give
prompt written notice of that fact to Disclosing Party prior to disclosure so that
Disclosing Party may request a protective order or other remedy to prevent or
limit such disclosure and in the absence of such protective order or other
remedy, Receiving Party or its Representatives may disclose only such portion
of the Confidential Information which it is legally obligated to disclose.
1.1.37.1.1.2. Obligation to Maintain Confidentiality. With respect to Confidential Information:
1.1.37.1.1.2.1.
Receiving Party and its Representatives agree to
retain the Confidential Information of the Disclosing Party in strict
confidence, to protect the security, integrity and confidentiality of such
information and to not permit unauthorized access to or unauthorized use,
disclosure, publication or dissemination of Confidential Information except in
conformity with this Agreement;
1.1.37.1.1.2.2.
Receiving Party and its Representatives shall
adopt and/or maintain security processes and procedures to safeguard the
confidentiality of all Confidential Information received by Disclosing Party
using a reasonable degree of care, but not less than that degree of care used
in safeguarding its own similar information or material;
1.1.37.1.1.2.3.
Upon the termination of this Agreement,
Receiving Party will ensure that all documents, memoranda, notes and other
writings or electronic records prepared by it that include or reflect any
Confidential Information are returned or destroyed as directed by Disclosing
Party;
1.1.37.1.1.2.4.
If there is an unauthorized disclosure or loss
of any of the Confidential Information by Receiving Party or any of its
Representatives, Receiving Party will promptly, at its own expense, notify
Disclosing Party in writing and take all actions as may be necessary or
reasonably requested by Disclosing Party to minimize any damage to the Disclosing
Party or a third party as a result of the disclosure or loss; and
1.1.37.1.1.2.5. The obligation not to disclose Confidential Information shall: (Check one)
1.1.37.1.1.2.5.1. ☐�� Survive the termination of this Agreement, and at no time will Receiving Party or any of its Representatives be permitted to disclose Confidential Information, except to the extent that such Confidential Information is excluded from the obligations of confidentiality under this Agreement pursuant to Paragraph 2 above.
1.1.37.1.1.3. Non-Disclosure of Transaction. Without Disclosing Party�s prior written consent, neither Receiving Party nor its Representatives shall disclose to any other person, except to the extent, the provisions of Paragraph 2 apply: (a) the fact that Confidential Information has been made available to it or that it has inspected any portion of the Confidential Information; (b) the fact that Disclosing Party and Receiving Party are having discussions or negotiation concerning the Transaction; or (c) any of the terms, conditions or other facts with respect to the Transaction.
1.1.37.1.1.4. Non-Compete.
1.1.37.1.1.4.1. Receiving Party agrees that at no time will Receiving Party engage in any business activity which is competitive with Disclosing Party, nor work for any company which competes with Disclosing party: (Check one)
1.1.37.1.1.4.2. ☐�� During the term of Receiving Party�s relationship with Disclosing Party.
1.1.37.1.1.4.3. ☐�� From the date of this Agreement until termination or completion of the service.
1.1.37.1.1.5. Non-Solicitation.
1.1.37.1.1.5.1. Receiving Party agrees not to solicit any employee or independent contractor of Disclosing Party on behalf of any other business enterprise, nor shall Receiving Party induce any employee or independent contractor associated with Disclosing Party to terminate or breach an employment, contractual or other relationship with Disclosing Party:
1.1.37.1.1.5.2. ☐�� During the term of Receiving Party�s relationship with Disclosing Party.
1.1.37.1.1.5.3. ☐�� From the date of this Agreement until termination or completion of the service.
1.1.37.1.1.6. Representatives. Receiving Party will take reasonable steps to ensure that its Representatives adhere to the terms of this Agreement. Receiving Party will be responsible for any breach of this Agreement by any of its Representatives.
1.1.37.1.1.7. Disclaimer. There is no representation or warranty, express or implied, made by Disclosing Party as to the accuracy or completeness of any of its Confidential Information. Except for the matters set forth in this Agreement, neither party will be under any obligation with regard to the Transaction. Either party may, in its sole discretion: (a) reject any proposals made by the other party or its Representatives with respect to the Transaction; (b) terminate discussions and negotiations with the other party or its Representatives at any time and for any reason or for no reason; and (c) change the procedures relating to the consideration of the Transaction at any time without prior notice to the other party.
1.1.37.1.1.8. Remedies. Each party agrees that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement will give rise to irreparable injury for which: (a) money damages may not be a sufficient remedy for any breach of this Agreement by such party; (b) the other party may be entitled to specific performance and injunction and other equitable relief with respect to any such breach; (c) such remedies will not be the exclusive remedies for any such breach, but will be in addition to all other remedies available at law or in equity; and (d) in the event of litigation relating to this Agreement, if a court of competent jurisdiction determines in a final non-appealable order that one party, or any of its Representatives, has breached this Agreement, such party will be liable for reasonable legal fees and expenses incurred by the other party in connection with such litigation, including, but not limited to, any appeals.
1.1.37.1.1.9. Notices. All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be sent via one of the following methods: delivery in person, overnight courier service, certified or registered mail, postage prepaid, return receipt requested, addressed to the party to be notified at the below address or by facsimile at the below facsimile number or in the case of either party, to such other party, address or facsimile number as such party may designate upon reasonable notice to the other party.
1.1.37.1.1.10. Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the Indian Constitution, without regard to the principles of conflict of laws. Each party consents to the exclusive jurisdiction of the courts located in the Kolkata, West Bengal, India for any legal action, suit or proceeding arising out of or in connection with this Agreement. Each party further waives any objection to the laying of venue for any such suit, action or proceeding in such courts.
1.1.37.1.1.11. Miscellaneous. This Agreement will inure to the benefit of and be binding on the respective successors and permitted assigns of the parties. Neither party may assign its rights or delegate its duties under this Agreement without the other party�s prior written consent. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement. Neither party will be charged with any waiver of any provision of this Agreement, unless such waiver is evidenced by a writing signed by the party and any such waiver will be limited to the terms of such writing.
1.1.37.1.2.
FOR INTERVIEW CANDIDATES
1.1.37.1.2.1.1.1.1. This Interview Non-Disclosure and Confidentiality Agreement (this �Agreement�) is entered into as of the date of interview (the �Effective Date�) by and between:
1.1.37.1.2.1.1.1.2. Employer: Us, a� ☐� �Partnership� and
1.1.37.1.2.1.1.1.3. Applicant: You, an individual (the "Applicant").
1.1.37.1.2.1.1.1.4.
The Company is considering Applicant for
possible future employment with the Company as the applicable position (the
"Position") and may disclose proprietary information unique and
valuable to its ongoing business operations to Applicant during discussions
with and evaluation of Applicant�s skills, abilities and suitability for the
Position (the �Interview�). In consideration of the Company�s willingness to
conduct the Interview and the covenants and mutual promises contained herein, the
parties agree as follows:
1.1.37.1.2.2. Confidential Information.
1.1.37.1.2.2.1. ☐�� All information shared by the Company. "Confidential Information" shall mean (i) all information relating to the Company�s products, business and operations including, but not limited to, financial documents and plans, customers, suppliers, manufacturing partners, marketing strategies, vendors, products, product development plans, technical product data, product samples, costs, sources, strategies, operations procedures, proprietary concepts, inventions, sales leads, sales data, customer lists, customer profiles, technical advice or knowledge, contractual agreements, price lists, supplier lists, sales estimates, product specifications, trade secrets, distribution methods, inventories, marketing strategies, source code, software, algorithms, data, drawings or schematics, blueprints, computer programs and systems and know-how or other intellectual property of the Company and its affiliates that may be at any time furnished, communicated or delivered by the Company to the Applicant, whether in oral, tangible, electronic or other form; (ii) the terms of any agreement, including this Agreement, and the discussions, negotiations and proposals related to any agreement; (iii) information acquired during any tours of the Company�s facilities; and (iv) all other non-public information provided by the Company whosoever. All Confidential Information shall remain the property of the Company.
1.1.37.1.2.2.2. ☐�� Other: if any
1.1.37.1.2.3. Exclusions from Confidential Information. The obligation of confidentiality with respect to Confidential Information will not apply to any information:
1.1.37.1.2.4.
If the information is or becomes publicly known
and available other than as a result of prior unauthorized disclosure by
Applicant;
1.1.37.1.2.5.
If the information is or was received
by Applicant from a third-party source which, to the best knowledge
of Applicant, is or was not under a confidentiality obligation to the
Company with regard to such information;
1.1.37.1.2.6.
If the information is disclosed by Applicant
with the Company�s prior written permission and approval;
1.1.37.1.2.7.
If the information is independently developed by
Applicant prior to disclosure by the Company and without the use and benefit of
any of the Company�s Confidential Information; or
1.1.37.1.2.8.
If the Applicant may disclose only such portion
of the Confidential Information which it is legally obligated to disclose
Applicant is legally compelled by applicable law, by any court, governmental
agency, or regulatory authority or subpoena or discovery request in pending
litigation, but only if, to the extent lawful, Applicant gives prompt written
notice of that fact to the Company prior to disclosure so that the Company may
request a protective order or other remedy, Applicant may disclose only such
portion of the Confidential Information which it is legally obligated to
disclose.
1.1.37.1.2.8.1. Obligation to Maintain Confidentiality. With respect to Confidential Information:
1.1.37.1.2.9.
Applicant agrees to retain Confidential
Information in strict confidence, to protect the security, integrity, and
confidentiality of such information and to not permit unauthorized access to or
unauthorized use, disclosure, publication, or dissemination of Confidential
Information except in conformity with this Agreement.
1.1.37.1.2.10.
Confidential Information is and will remain the
sole and exclusive property of the Company.
1.1.37.1.2.11.
Applicant agrees that, in the event Applicant
must download, access, process, transfer or otherwise communicate Confidential
Information, Applicant will comply with all laws and regulations applicable to
exports and re-exports of data and information and will not, directly or
indirectly, export or re-export any Confidential Information in violation of
such laws and regulations, including without limitation, those prohibiting
export or re-export to restricted countries or without governmental
authorization.
1.1.37.1.2.12. At the end of the Interview, Applicant will return all Confidential Information to the Company and, if Applicant is not selected for employment with the Company for any reason, Applicant will ensure that all Confidential Information and all documents, memoranda, notes and other writings or electronic records prepared by Applicant that include or reflect any Confidential Information in Applicant�s actual or constructive possession are returned to the Company.
1.1.37.1.2.13.
The obligation not to disclose Confidential
Information shall: (Check one)
1.1.37.1.2.13.1.1. ☐�� Survive the termination of this Agreement, and at no time will Applicant be permitted to disclose Confidential Information, except to the extent that such Confidential Information is excluded from the obligations of confidentiality under this Agreement pursuant to Paragraph 2 above.
1.1.37.1.2.13.2. Disclaimer. There is no representation or warranty, express or implied, made by the Company as to the accuracy or completeness of any of its Confidential Information.
1.1.37.1.2.13.3. Remedies. Applicant acknowledges that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement will give rise to irreparable injury for which damages would not be an adequate remedy. Accordingly, in addition to any other legal remedies which may be available at law or in equity, the Company shall be entitled to equitable or injunctive relief against the unauthorized use or disclosure of Confidential Information. The Company shall be entitled to pursue any other legally permissible remedy available as a result of such breach, including but not limited to damages, both direct and consequential. In any action brought by the Company under this Section, the Company shall be entitled to recover its attorney�s fees and costs from Applicant.
1.1.37.1.2.13.4. Notices. All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be sent via one of the following methods: delivery in person, overnight courier service, certified or registered mail, postage prepaid, return receipt requested, addressed to the party to be notified at the below address or by facsimile at the below facsimile number or in the case of either party, to such other party, address or facsimile number as such party may designate upon reasonable notice to the other party.
1.1.37.1.2.13.5. No Offer or Sale. Nothing in this Agreement will be deemed a sale or offer for sale of Confidential Information nor obligate the Company to grant Applicant a license or any rights, by statute, common law theory of estoppel or otherwise, to Confidential Information.
1.1.37.1.2.13.6. Termination. This Agreement will terminate on the earlier of:
1.1.37.1.2.13.6.1.1.
the written agreement of the parties to
terminate this Agreement
1.1.37.1.2.13.7. Amendment. This Agreement may be amended or modified only by a written agreement signed by both of the parties.
1.1.37.1.2.13.8. Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the Indian Constitution, without regard to the principles of conflict of laws. Each party consents to the exclusive jurisdiction of the courts located in the Kolkata, West Bengal, India for any legal action, suit or proceeding arising out of or in connection with this Agreement. Each party further waives any objection to the laying of venue for any such suit, action or proceeding in such courts.
1.1.37.1.2.13.9. Miscellaneous. No joint venture, partnership or agency relationship exists between Applicant, the Company or any third-party as a result of this Agreement. This Agreement will inure to the benefit of and be binding on the respective successors and permitted assigns of the parties. Neither party may assign its rights or delegate its duties under this Agreement without the other party�s prior written consent. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement. Neither party will be charged with any waiver of any provision of this Agreement, unless such waiver is evidenced by a writing signed by the party and any such waiver will be limited to the terms of such writing.
1.1.37.1.3.
FOR EMPLOYEE'S
1.1.37.1.3.1.1.1.1. This Employee Non-Disclosure and Confidentiality Agreement (this �Agreement�) is entered into as of the date of hiring (the �Effective Date�) by and between:
1.1.37.1.3.1.1.1.2. Employer: Us, a�� ☐�� Partnership and
1.1.37.1.3.1.1.1.3. Employee: You, an employee of the Company (the "Employee").
1.1.37.1.3.1.1.1.4. The Company hired the Employee as Your Applicable Designation [Position] pursuant to the terms and conditions of that certain Employment Agreement executed between the Parties on the hiring day (the "Employment Agreement"). In connection with the Employee's duties under the Employment Agreement, the Company may disclose to the Employee certain confidential and proprietary information unique and valuable to its ongoing business operations. In consideration of the Employee's employment by the Company and the covenants and mutual promises contained herein, the parties agree as follows:
1.1.37.1.3.1.1.1.5. Confidential Information. Confidential information is: (Check one)
1.1.37.1.3.1.1.1.6. ☐�� All information shared by the Company. "Confidential Information" shall mean (i) all information relating to the Company�s products, business and operations including, but not limited to, financial documents and plans, customers, suppliers, manufacturing partners, marketing strategies, vendors, products, product development plans, technical product data, product samples, costs, sources, strategies, operations procedures, proprietary concepts, inventions, sales leads, sales data, customer lists, customer profiles, technical advice or knowledge, contractual agreements, price lists, supplier lists, sales estimates, product specifications, trade secrets, distribution methods, inventories, marketing strategies, source code, software, algorithms, data, drawings or schematics, blueprints, computer programs and systems and know-how or other intellectual property of the Company and its affiliates that may be at any time furnished, communicated or delivered by the Company to the Employee, whether in oral, tangible, electronic or other form; (ii) the terms of any agreement, including this Agreement, and the discussions, negotiations and proposals related to any agreement; (iii) information acquired during any tours of the Company�s facilities; and (iv) all other non-public information provided by the Company whosoever. All Confidential Information shall remain the property of the Company.
1.1.37.1.3.1.1.1.7. ☐�� Other:� if any
1.1.37.1.3.1.1.2. Exclusions from Confidential Information. The obligation of confidentiality with respect to Confidential Information will not apply to any information:
1.1.37.1.3.1.1.3.
If the information is or becomes publicly known
and available other than as a result of prior unauthorized disclosure by the
Employee;
1.1.37.1.3.1.1.4.
If the information is or was received
by the Employee from a third-party source which, to the best knowledge
of the Employee, is or was not under a confidentiality obligation to the
Company with regard to such information;
1.1.37.1.3.1.1.5.
If the information is disclosed by the Employee
with the Company�s prior written permission and approval;
1.1.37.1.3.1.1.6.
If the information is independently developed by
the Employee prior to disclosure by the Company and without the use and benefit
of any of the Company�s Confidential Information; or
1.1.37.1.3.1.1.7. If the Employee may disclose only such portion of the Confidential Information which it is legally obligated to disclose the Employee is legally compelled by applicable law, by any court, governmental agency, or regulatory authority or subpoena or discovery request in pending litigation, but only if, to the extent lawful, the Employee gives prompt written notice of that fact to the Company prior to disclosure so that the Company may request a protective order or other remedy, the Employee may disclose only such portion of the Confidential Information which it is legally obligated to disclose.
1.1.37.1.3.1.1.7.1. Obligation to Maintain Confidentiality. With respect to Confidential Information:
1.1.37.1.3.1.1.8.
The Employee agrees to retain the Confidential
Information in strict confidence, to protect the security, integrity, and
confidentiality of such information and to not permit unauthorized access to or
unauthorized use, disclosure, publication, or dissemination of Confidential
Information except in conformity with this Agreement.
1.1.37.1.3.1.1.9.
Confidential Information is and will remain the
sole and exclusive property of the Company and will not be disclosed or
revealed by the Employee, except (i) to other employees of the Company who have
a need to know such information and agree to be bound by the terms of this
Agreement.
1.1.37.1.3.1.1.10.
The Employee agrees that, in the event the
Employee must download, access, process, transfer or otherwise communicate
Confidential Information, the Employee will comply with all laws and
regulations applicable to exports and re-exports of data and information and
will not, directly or indirectly, export or re-export any Confidential
Information in violation of such laws and regulations, including without
limitation, those prohibiting export or re-export to restricted countries or
without governmental authorization.
1.1.37.1.3.1.1.11.
Upon termination of this Agreement or at the
request of the Company, the Employee will ensure that all Confidential
Information and all documents, memoranda, notes and other writings or
electronic records prepared by the Employee that include or reflect any
Confidential Information in the Employee�s actual or constructive possession
are returned to the Company.
1.1.37.1.3.1.1.12. The obligation not to disclose Confidential Information shall: (Check one)
1.1.37.1.3.1.1.13. ☐ � Survive the termination of this Agreement, and at no time will the Employee be permitted to disclose Confidential Information, except to the extent that such Confidential Information is excluded from the obligations of confidentiality under this Agreement pursuant to Paragraph 2 above.
1.1.37.1.3.1.1.13.1. Non-Compete. (Cross out if you do not want to include a non-compete clause)
1.1.37.1.3.1.2. The Employee agrees that at no time will the Employee engage in any business activity which is competitive with the Company, nor work for any company which competes with the Company: (Check one)
1.1.37.1.3.1.3. ☐�� During the term of the Employee�s relationship with the Company.
1.1.37.1.3.1.4. ☐�� From the date of this Agreement until termination or end of service.
1.1.37.1.3.1.4.1.1. Non-Solicitation. (Cross out if you do not want to include a non-solicitation clause)
1.1.37.1.3.1.5. The Employee agrees not to solicit any employee or independent contractor of the Company on behalf of any other business enterprise, nor shall the Employee induce any employee or independent contractor associated with the Company to terminate or breach an employment, contractual or other relationship with the Company: (Check one)
1.1.37.1.3.1.6. ☐�� During the term of the Employee�s relationship with the Company.
1.1.37.1.3.1.7. ☐�� From the date of this Agreement until termination or end of service.
1.1.37.1.3.1.7.1.1. Disclaimer. There is no representation or warranty, express or implied, made by the Company as to the accuracy or completeness of any of its Confidential Information.
1.1.37.1.3.1.7.1.2. Remedies. The Employee acknowledges that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement will give rise to irreparable injury for which damages would not be an adequate remedy. Accordingly, in addition to any other legal remedies which may be available at law or in equity, the Company shall be entitled to equitable or injunctive relief against the unauthorized use or disclosure of Confidential Information. The Company shall be entitled to pursue any other legally permissible remedy available as a result of such breach, including but not limited to damages, both direct and consequential. In any action brought by the Company under this Section, the Company shall be entitled to recover its attorney�s fees and costs from the Employee.
1.1.37.1.3.1.7.1.3. Notices. All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be sent via one of the following methods: delivery in person, overnight courier service, certified or registered mail, postage prepaid, return receipt requested, addressed to the party to be notified at the below address or by facsimile at the below facsimile number or in the case of either party, to such other party, address or facsimile number as such party may designate upon reasonable notice to the other party.
1.1.37.1.3.1.7.1.4. Termination. This Agreement will terminate on the earlier of:
1.1.37.1.3.1.7.1.5.
the written agreement of the parties to
terminate this Agreement;
1.1.37.1.3.1.7.1.6. Amendment. This Agreement may be amended or modified only by a written agreement signed by both of the parties.
1.1.37.1.3.1.7.1.7. Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the Indian Constitute, without regard to the principles of conflict of laws. Each party consents to the exclusive jurisdiction of the courts located in the Kolkata, West Bengal, India for any legal action, suit or proceeding arising out of or in connection with this Agreement. Each party further waives any objection to the laying of venue for any such suit, action or proceeding in such courts.
1.1.37.1.3.1.7.1.8. No Offer or Sale. Nothing in this Agreement will be deemed a sale or offer for sale of Confidential Information nor obligate the Company to grant the Employee a license or any rights, by statute, common law theory of estoppel or otherwise, to Confidential Information.
1.1.37.1.3.1.7.1.9. Miscellaneous. No joint venture, partnership or agency relationship exists between the Employee, the Company or any third-party as a result of this Agreement. This Agreement will inure to the benefit of and be binding on the respective successors and permitted assigns of the parties. Neither party may assign its rights or delegate its duties under this Agreement without the other party�s prior written consent. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement. Neither party will be charged with any waiver of any provision of this Agreement, unless such waiver is evidenced by a writing signed by the party and any such waiver will be limited to the terms of such writing.
1.1.37.1.4.
FOR OTHERS
1.1.37.1.4.1.1.
You need to keep every Confidential Information
as confidential even after Your termination of employment, retirement, or when
you are on job, if you are a part-time or full time employee, contractor,
freelancer working with Us or even if you are a client as a company, individual
or enterprise and partnership or any legal entity, or just making any business
enquiry, and for any reason, You came across any Confidential Information
regarding to our business, You have to keep that information as confidential even
after the project completion.
1.1.38.1.1.
This
policy is here to let You know about in which situations, we can take extreme
action against any indecent or activity happened. This policy is applicable for
anyone but not limited to part-time, full time employees, freelancers,
contractual workers, vendors, directors, partners, clients if there is any
connection of Our business is found and which can create negative impact on Our
business.
1.1.38.1.2.
Extreme
action can be like, but not limited to legal action, financial penalty, charge
back, stop payment, no more payout, cancellation of contract, cancellation of
delivery, withdrawal of service, termination or all of them in combination.
1.1.38.1.3.
Situations
when Zero Tolerance Policy (ZTP) might be applied, but not limited to only
these, can be extended after evaluating the indecent or activities. Few of the
fetal activities are listed below but not limited to:
1.1.38.1.3.1.
Deliberate
damage to company assets
1.1.38.1.3.2.
Misconduct
1.1.38.1.3.3.
Miss
use of company property or company provided assets and property
1.1.38.1.3.4.
Gaining
or attempt to gain or provide Unauthorized Access to physical and digital
environment
1.1.38.1.3.5.
Misbehaving
1.1.38.1.3.6.
Abusing
/ Using bad words within work environment
1.1.38.1.3.7.
Indulging
in fight (vocal or physical) within work environment
1.1.38.1.3.8.
Not
adhering with company policies and terms and conditions
1.1.38.1.3.9.
Sexual
Abuse and Assault within work environment
1.1.38.1.4.
Company
has the right to suspend any pending or upcoming salary or remuneration and
reimbursements of accused employee and also can charge back specific or all
the� salary or remuneration and
reimbursements with an interest rate of yearly 21% will be applicable from the
date of joining till the termination or suspension. Also in addition, the
employment can be terminated with immediate effect without any notice period
and termination benefits.
1.1.38.1.5.
For
clients, this can lead towards, but not limited to:
1.1.38.1.5.1.
Cancellation
of the deal
1.1.38.1.5.2.
Non
delivery of the service or final or work in progress product
1.1.38.1.5.3.
Canceling
refund of against the order
1.1.38.1.5.4.
Impose
charge-back or financial penalty or both
1.1.38.1.5.5.
Taking
legal action
1.1.38.1.6.
Actions
can be taken after the assessment of the incident or activities. Multiple
action can be combined for a single incident or activity too.
1.1.39.1.1.
The
following policies are available on our website in a different page with a
password protection which have been shared with the employees and clients via
email only if applicable. This is your acceptance to those policies below and
also an assurance that You have read and understand all those policies below:
1.1.39.1.1.1.1.
IS&T
Policy (Available at https://andgegevens.com/pages/policies/isandt-policy.html
1.1.40.1.1.
This
policy is applicable for anyone who is a �Taproute� participant for any
available position. If any candidate is under �Taproute� process, and accepts
the offer, the following policy will be applicable for them.
1.1.40.1.2.
Definition
of �Taproute� and its policies
1.1.40.1.2.1.1.
�Taproute�
is the name of Our 3 months long probational period where We will provide a
limited training to work with 100% efficiency for there respective job only and
the participant will be under assessment for their performance and real productivity.
1.1.40.1.2.1.2.
In
service tenure �Taproute� programme duration is included.
1.1.40.1.2.1.3.
The
duration of �Taproute� is not fixed. It�s basically a 3 months programme but if
required we can extend the duration of �Taproute� for specific candidates if
there performance matrix is not reflecting above 95 % and below 50%.
1.1.40.1.2.1.4.
Performance
matrix will be calculated asper their individual targets.
1.1.40.1.2.1.5.
During
�Taproute�, candidates will not get any monthly salary or reimbursements. The
cumulative salary and reimbursement will be paid out only after successful
completion of �Taproute� programme period.
1.1.40.1.2.1.6.
As
the company will offer �Taproute� for its participants on Company expense, so the
candidate must have to qualify the �Taproute� programme with 95% above score on
performance matrix, otherwise it well be treated as non-adherence of Our Terms
and Conditions.
1.1.40.1.2.1.7.
Company
has the right to claim the expenses back for the �Taproute� programme, if the
candidate is unable to qualify it as it is similar to non-adherence of Our
Terms and Conditions. The expenses are equal and multiplied by the period of
the candidate�s specific �Taproute� programme period (3 months primarily or the
additional days if extended) to there offered salary which was mentioned for
the position in the offer letter. Interest rates and taxes will be also
applicable with the recovery amount according to recovery rate which is defined
under 1.1.47.1.1 paragraph.
1.1.40.1.2.2.
To
whom �Taproute� is applicable
1.1.40.1.2.2.1.
�Taproute�
is applicable for the new joiners or if specifically mentioned in the offer
letter.
1.1.40.1.2.3.
Is
�Taproute� programme is a non production programme?
1.1.40.1.2.3.1.
�Taproute�
is a programme under actual production environment.
1.1.40.1.2.3.2.
Every
production rules, etiquettes, policies and Terms and Conditions will be
applicable during �Taproute�.
1.1.40.1.2.3.3.
Disciplinary
and legal actions may be taken including penalties too for non-adherence of
production rules, etiquettes, policies, Privacy Policy and Terms and
Conditions.
1.1.40.1.2.3.4.
Working
hours will be applicable same as the expected position or the position which
was mentioned in the offer letter.
1.1.41.1.1.
This
policy is applicable for anyone who is having a business deal as a client or
vendor or to our part-time and full time employees, contractual employees,
directors, freelancers and to anyone who has a financial dealing with Us.
1.1.41.1.1.1.1.
For
Clients and Vendors
1.1.41.1.1.1.2.
If
any service has been canceled from Our side for any reason except cancellation
due to Zero Tolerance Policy, the vendor will get 100% refund of the token
amount / advanced amount / total project cost whatever was paid in advance to
Us to get the Service or Product without any interest.
1.1.41.1.1.1.3.
If
any services gets canceled due to Zero Tolerance Policy, neither the service /
product even final or work in progress nor the refund will be provided to the
client or vendor for the canceled service or product.
1.1.41.1.1.1.4.
If
any services gets canceled from the client / vendor side within 24 hours of the
order placing, a cancellation fee of 30% and applicable taxes on that amount
will be deducted from the token amount / advanced amount / total project cost
whatever was paid in advanced to Us to get the Service or Product. The refund
will be processed after 30 days from the cancellation and the payment gateway
may take time according to their process to process the refund.
1.1.41.1.1.1.4.1.
If
any services gets canceled from the client / vendor side within >24 hours
and <48 hours of the order placing, a cancellation fee of 30% and applicable
taxes on that amount will be deducted from the token amount / advanced amount /
total project cost whatever was paid in advanced to Us to get the Service or
Product. The refund will be processed after 60 days from the cancellation and
the payment gateway may take time according to their process to process the
refund.
1.1.41.1.1.1.4.2.
If
any services gets canceled from the client / vendor side within >48 hours
and <72 hours of the order placing, a cancellation fee of 50% and applicable
taxes on that amount will be deducted from the token amount / advanced amount /
total project cost whatever was paid in advanced to Us to get the Service or
Product. The refund will be processed after 90 days from the cancellation and
the payment gateway may take time according to their process to process the refund.
1.1.41.1.1.1.4.3.
If
any services gets canceled from the client / vendor side within >72 hours
and <168 hours of the order placing, a cancellation fee of 60% and
applicable taxes on that amount will be deducted from the token amount /
advanced amount / total project cost whatever was paid in advanced to Us to get
the Service or Product. The refund will be processed after 60 days from the
cancellation and the payment gateway may take time according to their process
to process the refund.
1.1.41.1.1.1.4.4.
If any
services gets canceled from the client / vendor side within >168 hours of
the order placing, a cancellation fee of 90% and applicable taxes on that
amount will be deducted from the token amount / advanced amount / total project
cost whatever was paid in advanced to Us to get the Service or Product. The
refund will be processed after 30 days from the cancellation and the payment
gateway may take time according to their process to process the refund.
1.1.41.1.1.1.4.5.
In-case
of overseas payments, the refund amount will be calculated according to the
received amount after currency conversion from the respective currency to INR
and while refund the amount will be calculated asper the currency conversion
rate of the day when the refund will be initiated, or the order received, or
the day of cancellation whichever is lower, or according to any day within the
refund processing period when the currency conversion rate is lowest.
1.1.41.1.1.1.4.6.
No
interest will be added with the refund amount. Only the amount after
cancellation fee will be refunded to the client or vendor.
1.1.41.1.1.1.4.7.
The
above cancellation fee will be applicable if the client or vendor is not
satisfied with the quality or type of service too.
1.1.41.1.1.1.4.8.
In-case
of cancellation, client or vendor will not get any work in progress service or
files. Any creative and intellectual rights of the content or service which was
delivered early, including work in progress version will be owned by Us, not by
the client or vendor.
1.1.41.1.1.1.4.9.
Cancellation
refund cannot be provided in cash. To process any refund, We will collect Your
banking / e-wallet / payment gateway details and also will keep them on our
record and also can use them for our own business purpose or to sell those as a
product to our other clients and vendors.
1.1.41.1.1.1.4.10.
Denial
of� revision fee payment will lead to
cancellation of the project. In such case, no refund and work in progress files
or services will be delivered to the client or vendor and all the creative and
intellectual rights will be hold and reserved by the Company.
1.1.42.1.1.
This
policy is applicable for everyone who is dealing with Us for any kind of
Services that We offer. This policy is also applicable for our part-time and
full-time employees, contractual employees and freelancers too.
1.1.42.1.2.
Employees
have to check intranet policy page for the employee's version of Revision
Policy.
1.1.42.1.3. For our clients and vendors, we offer unlimited revisions with a fair revision policy of 3 free revision credit for each order / project before approval. Each revision credit will be consumed after we deliver each revision. A single revision credit can be used if the client, vendor gives all the revision notes on a single memo. Once we deliver that note, further revision will consume another revision credit.
1.1.42.1.4.
After
consuming all free revision credit, client or vendor needs to pay 20% of the
total project cost as additional revision cost upto next 3 revisions. After
that 50% of the total project cost needs to be paid for further revisions till
next 10 revisions. Further revisions will cost 95% of the total project cost
for each revision.
1.1.42.1.5.
If
Client need revision after approval from their side, it will be considered as a
new order and applicable charges need to be paid by the client to get that
done.
1.1.43.1.1. The applicable entities must accept all the policies available on our intranet policy pages which will be shared with them during on-boarding / hiring process or during training. The �Changes, Cancellation and Modification without any Notifications� policy is also applicable for all the policies which are available on our intranet policy pages.
1.1.44.1.1.
Email
Policy For Domain � partner.andgegevens.com
1.1.44.1.1.1. This policy is created specifically for the email users under the domain partner.andgegevens.com. If You have been provided with an email ID which contains the domain partner.andgegevens.com, then You have to adhere with the Email Policy for domain � partner.andgegevens.com.
1.1.44.1.1.2.
You
are only allowed to use Your Email ID strictly for business communication purpose.
Any personal communication using that specific assigned email account is
prohibited, and if found, necessary action will be taken against it to any
extend and termination
1.1.44.1.1.3.
Email
are company property. Along the lines of �business email is for business use,�
this policy is to make it clear to Our employees that all company email is the
company�s property. That is, any email that is sent, received, created, or
stored on a company�s computer system may be viewed and even admissible in a
legal case. As an employer, We have the right to monitor your employees� use of
email, but it is legally important to ensure they are aware of potential
monitoring.
1.1.44.1.1.4. Be suspicious of unknown links or requests sent through email or text messages.
1.1.44.1.1.5.
Verify the authenticity of requests
from companies or individuals by contacting them directly.
1.1.44.1.1.6.
Encrypt any proprietary or sensitive
information sent via email.
1.1.44.1.1.7.
After expiry date of the encryption
key, put a request to IT Team to regenerate the key pair again, until that, do
not send or reply to any emails.
1.1.44.1.2.
What is Not Allowed?
1.1.44.1.2.1.
It�s always worthwhile to be
explicit about the types of communications that are prohibited by company
policy, primarily in the interest of heading off bad or illegal behavior and
protecting the company from liability. For example, you may want to specify
that emails sent through your company�s system:
1.1.44.1.2.2.
May not be used to harass or make
threats, nor be offensive or disruptive in nature.
1.1.44.1.2.3.
May not include language or images
related to race, gender, age, sexual orientation, pornography, religious or
political beliefs, national origin, or disability.
1.1.44.1.2.4.
You are not allowed to send any
email outside destination or domains except the specific domain
partner.andgegevens.com.
1.1.44.1.2.5.
Personal chatting with all kind of
Company employees are also not allowed except the business related
communications.
1.1.44.1.2.6.
Don�t open email attachments from
unknown sources, and only open attachments from known sources after confirming
the sender.
1.1.44.1.2.7.
Never click on links in emails.
1.1.44.1.2.8.
Don�t respond to requests for personal
or sensitive information via email, even if the request appears to be from a
trusted source. Report such incidents to [email protected].
1.1.44.1.2.9.
Never send an unencrypted email to
anyone within the Company.
1.1.44.1.2.10.
Do not use any third-party email
client except which was provided by the Company IT Team.
1.1.44.1.3.
Receipt of Inappropriate Email
1.1.44.1.3.1.
We always encourage Our employees to
report the receipt of any inappropriate email with prohibited content to a
supervisor or manager.
1.1.44.1.4.
Retaining Emails
1.1.44.1.4.1.
We keep a copy of Your each and
every email on Our Company server for 90 days. After that We permanently delete
the backlogged email also after considering the exceptions as advised from the
IT Team and Management.
1.1.44.1.5.
Etiquette
1.1.44.1.5.1.
Email etiquette are meant to be
followed while any business communication is going on:
1.1.44.1.5.2. Signature line � Signature line should not be very bulky. You are only allowed to use Company provided email signature with Your email. You might get an email signature from the HR Team but if not received, to get your signature put a request to IT Support team at [email protected]
1.1.44.1.5.3. Reply all � Limit replies to those who need to know the information being conveyed to respect others� time and inbox capacity.
1.1.44.1.5.4. Forwarding � In general, don�t forward emails without permission, or at least to review the content that will be forwarded to avoid sending sensitive information.
1.1.44.1.5.5. Responding � Employees should respond to emails, both internally and externally, within stipulated timeframe.
1.1.44.1.5.6. BCC � Use of BCC is prohibited within the Company for any employees except those, who need to do mass mailing of any notification or announcement with prior permission from the IT Team, HR Team and Board of Directors.
1.1.44.1.5.7. Sharing Confidential Data � You are not allowed to share any confidential data including but not limited to login credentials like username and password or two-factor authentication key and secret through email. Please go through the IS&T Policy and Terms and Conditions to know more about it.
1.1.44.1.5.8. Abusive languages � We have Zero Tolerance Policy for usage of Abusive Languages. So on emails it must be adhered accordingly.
1.1.44.1.5.9. Use of Other Languages expect English � You are only allowed to use English language to communicate in emails. Usage of any other languages are strictly prohibited.
1.1.44.1.5.10. No Thanks Giving Ceremony and Wishes � Avoid using Email for thanks giving ceremony or to wish someone.
1.1.44.1.6.
Consequences of
Noncompliance
1.1.44.1.6.1.
Breaching and noncompliance of the
Email Policy will lead to disciplinary and legal action including but not
limited to termination against the part-time and full time employee,
freelancers, contractors, vendors or client.
1.1.44.2.
Email Policy for domain � andgegevens.com
1.1.44.2.1. This policy is created specifically for the email users under the domain andgegevens.com. If You have been provided with an email ID which contains the domain andgegevens.com, then You have to adhere with the Email Policy for domain � andgegevens.com.
1.1.44.2.2.
You
are only allowed to use Your Email ID strictly for business communication
purpose. Any personal communication using that specific assigned email account
is prohibited, and if found, necessary action will be taken against it to any
extend and termination.
1.1.44.2.3.
Email
are company property. Along the lines of �business email is for business use,�
this policy is to make it clear to Our employees that all company email is the
company�s property. That is, any email that is sent, received, created, or
stored on a company�s computer system may be viewed and even admissible in a
legal case. As an employer, We have the right to monitor your employees� use of
email, but it is legally important to ensure they are aware of potential
monitoring.
1.1.44.2.4. Be suspicious of unknown links or requests sent through email or text messages.
1.1.44.2.5.
Verify the authenticity of requests
from companies or individuals by contacting them directly.
1.1.44.2.6.
Encrypt any proprietary or sensitive
information sent via email.
1.1.44.2.7.
After expiry date of the encryption
key, put a request to IT Team to regenerate the key pair again, until that, do
not send or reply to any emails.
1.1.44.3. What is Not Allowed?
1.1.44.3.1.
It�s always worthwhile to be
explicit about the types of communications that are prohibited by company
policy, primarily in the interest of heading off bad or illegal behavior and
protecting the company from liability. For example, you may want to specify
that emails sent through your company�s system:
1.1.44.3.2.
May not be used to harass or make
threats, nor be offensive or disruptive in nature.
1.1.44.3.3.
May not include language or images
related to race, gender, age, sexual orientation, pornography, religious or
political beliefs, national origin, or disability.
1.1.44.3.4.
You can send email to any addresses
in the internet outside of the organization but only if required for any
business purpose.
1.1.44.3.5.
You are not allowed to create any
social media account or cannot register with this email to any online or
offline services without prior permission from the IT Team or Management.
1.1.44.3.6.
You are not allowed to share this
email with any promotional activity outside the Company.
1.1.44.3.7.
Personal chatting with all kind of
Company employees or anyone outside are also not allowed except the business
related communications using this email.
1.1.44.3.8.
Don�t open email attachments from
unknown sources, and only open attachments from known sources after confirming
the sender.
1.1.44.3.9.
Never click on links in emails.
1.1.44.3.10.
Don�t respond to requests for
personal or sensitive information via email, even if the request appears to be
from a trusted source. Report such incidents to [email protected]
1.1.44.3.11.
Encrypted emails from this address
are only allowed to specific recipients and senders. Do not encrypt any email
from this address if not advised by the IT Team or Management.
1.1.44.3.12.
Do not use any third-party email
client except which was provided by the Company IT Team.
1.1.44.4.
Receipt of
Inappropriate Email
1.1.44.4.1.
We always encourage Our employees to
report the receipt of any inappropriate email with prohibited content to IT
Team.
1.1.44.5.
Retaining Emails
1.1.44.5.1.
We keep a copy of Your each and
every email on Our Company email providers server until the specific mailbox
quota reaches or till 90 days from their de-association with the Company. After
that We permanently delete the backlogged email also after considering the exceptions
as advised from the IT Team and Management. Our Email Provider Yandex can
retain those emails and other data according to there policy.
1.1.44.6.
Etiquette
1.1.44.6.1.
Email etiquette are meant to be
followed while any business communication is going on:
1.1.44.6.1.1. Signature line � Signature line should not be very bulky. You are only allowed to use Company provided email signature with Your email. You might get an email signature from the HR Team but if not received, to get your signature put a request to IT Support team at [email protected]
1.1.44.6.1.2. Reply all � Limit replies to those who need to know the information being conveyed to respect others� time and inbox capacity.
1.1.44.6.1.3. Forwarding � In general, don�t forward emails without permission, or at least to review the content that will be forwarded to avoid sending sensitive information.
1.1.44.6.1.4. Responding � Employees should respond to emails, both internally and externally, within stipulated timeframe.
1.1.44.6.1.5. BCC � Use of BCC is prohibited within the Company for any employees except those, who need to do mass mailing of any notification or announcement with prior permission from the IT Team, HR Team and Board of Directors.
1.1.44.6.1.6. Sharing Confidential Data � You are not allowed to share any confidential data including but not limited to login credentials like username and password or two-factor authentication key and secret through email. Please go through the IS&T Policy and Terms and Conditions to know more about it.
1.1.44.6.1.7. Abusive languages � We have Zero Tolerance Policy for usage of Abusive Languages. So on emails it must be adhered accordingly.
1.1.44.6.1.8. Use of Other Languages expect English � You are only allowed to use English language to communicate in emails. Usage of any other languages are strictly prohibited.
1.1.44.6.1.9. No Thanks Giving Ceremony and Wishes � Avoid using Email for thanks giving ceremony or to wish someone.
1.1.44.7.
Consequences of
Noncompliance
1.1.44.7.1.
Breaching and noncompliance of the
Email Policy will lead to disciplinary and legal action including but not
limited to termination against the part-time and full time employee,
freelancers, contractors, vendors or client.
1.1.45.1.1.
By
dealing with Us, You provide Your consent that You have gone through all the
Privacy Policies and Terms and Conditions of Us, and accepts all of them
without any objection and compelled to adhere them accordingly.
1.1.45.1.2.
You
can visit our Privacy Policy page from here:
https://www.andgegevens.com/pages/policies/privacy-policy.html
1.1.45.1.3. We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.
1.1.45.1.4. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
1.1.45.1.5. [Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children�s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]
1.1.46.1.1. These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
1.1.46.1.2. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
1.1.46.1.3. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
1.1.46.1.4. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site except, you are doing a business enquiry, interview candidate, a part-time or full time employee, contractor, freelancer or a vendor. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
1.1.46.1.5. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
1.1.47.1.1.
If
You do not accept our Terms and Conditions, Privacy Policies and other policies
with specific names which are posted on our website or intranet websites, do
not visit our website, use our services, do any business or get employed or
apply for any position in Our Company, or with Us. You as a user, interview
candidate, client, vendor, full-time employee, part-time employee, contractual
employee, freelancer, visitor of our website, candidate of our hiring process,
visitor of Our website, visitor of our office have read all the Terms and
Conditions and also the Policies including the Privacy Policy and have no
objection on it, also accepts them and will respect / adhere them accordingly.
You also understand your responsibilities to keep yourself updated with the
Terms and Conditions and all the Policies including Privacy Policy. Any failure
to the adherence of the same can lead to but not limited to legal action
against you. If you do not accept them and you feel you cannot adhere them at
any moment, you need to dis-associate yourself from the Company and cannot
demand any compensation, remuneration, reimbursements for the period of
association. The Company will ask you to payback a recovery cost from you for
non-adherence of the Terms and Conditions, Privacy Policy and the other
policies individually or in combination with an applicable interest rate of
yearly 21% from the day of association till date, if not paid on the date of
dis-association the applicable recovery amount and the interest amount will not
stop compounding every year until you pay it back. In-case of non payment of
the recovery amount after 3 years, the Company might take legal action against
you to recover the recovery amount with applicable interest rate and also the
litigation cost for the same including harassment charge and other daily
expenses and a higher interest rate than mentioned above on the recovery amount
on Our sole discretion.