These Website Terms of Use (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and Symbiosis Systems And Services Pvt. Ltd. (together with its affiliates, “Symbiosis") for the access to and use of this website and the websites under its subdomain, which includes text, media, documentation, pictures and other content (collectively, the “Website”).
For purposes of these Terms, “affiliates,” includes all companies that are affiliated with Symbiosis by reason that these companies are owned by, or under the same common ownership as, Symbiosis. Affiliates shall also include the parent company of the group of which Symbiosis is a member.
These Terms are in addition to any terms or agreements (including any such terms or agreements related to software licenses, software-as-a-service subscriptions, APIs and other connectors, evaluation or trial use of products, non-disclosure, or alliance partnerships) you have in place with Symbiosis (“Separate Terms”).
By accessing or using the Website, YOU HEREBY CERTIFY THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS AND agree to be bound by these Terms and the Privacy Policy, including the warranty disclaimers, indemnity and limitation of liability provisions below. You also agree to be bound by all applicable laws, rules and regulations regarding your use of the WEBSITE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE, AND PLEASE EXIT THE WEBSITE NOW.
When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction, navigation, or search tools, except for a normal browser as used by a natural person, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for use of the Website as intended, (c) accessing data not intended for you or attempting to gain unauthorized access to, interfere with, or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website, (d) accessing the Website for the purpose of competing with Symbiosis or using the Website for purposes of benchmarking or other similar purposes, (e) using the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s user of the Website, (f) using the Website in any manner that may violate applicable laws, rules or regulations, or (g) attacking the Website via a denial-of-service attack or a distributed denial-of-service attack.
User Content Responsibilities And Restrictions
Remedies.
Any use of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website and other Symbiosis services. Symbiosis reserves the right to terminate or suspend your rights to use the Website for any reason. Symbiosis also reserves the right to bring legal action against you for any loss or damage that it may suffer as a result of your violation of the Terms.
In addition to these Terms, your use of the Website is governed by Symbiosis’s Privacy Policy. You agree that Symbiosis’s collection, use and sharing of any personal information will be as set forth in the Privacy Policy, which may be amended by Symbiosis from time to time and (b) any information other than personal information shall not be restricted by the terms of the Privacy Policy. The Privacy Policy and any posted terms or guidelines or legal disclaimers on the Website are hereby incorporated by reference into these Terms.
Shared User Content.
Any User Content submitted by you is at your own risk and may be obtained and used by others. Do not reveal information that you do not want to make public.
Symbiosis Intellectual Property Rights
The copyrights and other intellectual property in the Website are owned by Symbiosis, its independent contractors, and its licensors. This includes all software, training material, guides, and any other Symbiosis generated material. Additionally, this includes the words “Symbiosis Systems & Services Pvt Ltd” (design and word mark), “Symbiosis” (design and word mark), “Vizitus” (design and word mark), and “Deckle Planner” (design and word mark) are the registered trademarks of Symbiosis. Furthermore, “Transforming Lives With Technology” are trademarks of Symbiosis. Subject to your compliance with these Terms, including Section Restrictions And Responsibilities above, you are authorized to view, store, print, reproduce, copy, and distribute any pages within the Website for non-commercial use within your organization only. All other rights are reserved. You may print off pages of the Website; however if you do so, you agree that you do not acquire any ownership rights in any of that material. This right is non-transferable and non-sublicensable. You may not copy, distribute, transmit, publish, sell, transfer, create derivative works of, or otherwise exploit any such material that you print off except for distribution within your organization. In consideration of this authorization, you agree that (a) any copy of any materials that you make shall retain all copyright and other proprietary notices originally contained in such materials and (b) these Terms are included with any distribution within your organization. Except as expressly provided in these Terms, any reproduction, display or other dissemination of information or content contained in this Website is strictly prohibited and constitutes copyright infringement.
License to User Content
By submitting User Content to the Website or otherwise to Symbiosis, you hereby grant Symbiosis a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, transmit to other users, and display the User Content when operating the Website and for Symbiosis’ internal business purposes, including improving, developing and modifying Symbiosis’ products and services. You acknowledge that Symbiosis is not responsible for any User Content you provide and that Symbiosis may reject or delete such User Content in Symbiosis’ sole discretion. Symbiosis also assumes no responsibility for loss of information, howsoever such information is lost, including information which is permanently deleted either through the action of an employee or consultant or other who has access to the information, through failure of a computer network, or through any policy or directive of Symbiosis for destruction of data.
In accordance with the Copyright Act, 1957 Symbiosis has adopted the following policy toward copyright infringement. Symbiosis reserves the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our customers or users and (2) remove and discontinue service to repeat offenders.
Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Website or any of Symbiosis’s other services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Symbiosis’ Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
Response To Infringement Notification
Upon receipt of a proper notice of copyright infringement, Symbiosis reserves the right to:
Countering Infringement Notification
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
If a counter-notice is received by the Designated Agent, Symbiosis may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Symbiosis may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Symbiosis’ Designated Agent at the following address:
Symbiosis Systems & Services Pvt Ltd.
40-41, 3rd Floor, Girnar Khushboo Plaza
Gunjan Road, GIDC Vapi – 396195
Gujarat, INDIA.
The Website may contain links to third party websites that are not owned or controlled by Symbiosis. The Symbiosis Indemnitees (as defined below) have no control over, and assume no responsibility for, the content, privacy policies (if any), or practices of any third party websites. Symbiosis makes no representation or warranty as to the security of links to other websites, nor does Symbiosis make any representation or warranty as to whether such links or such other websites are free of viruses or other forms of data corruption. In addition, Symbiosis will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve Symbiosis and the Symbiosis Indemnitees from any and all liability arising from your use of any third party website. If you choose to use any such third party websites, you do so at your own risk. Accordingly, Symbiosis encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy (if any) of each other website that you visit.
Symbiosis has the right at any time and without prior notice to terminate or suspend your access to the Website for any reason. Symbiosis will attempt to provide notice where possible of any such action but reserves the right to do so without notice. Symbiosis also reserves the right to bring legal action against you for any loss or damage that it may suffer as a result of your violation of the Terms.
You shall indemnify, defend and hold harmless Symbiosis and each of its officers, directors, members, employees, agents, representatives, partners, and licensors (collectively, the “Symbiosis Indemnitees”) from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) any User Content, (ii) your use of the Website, (iii) your violation of these Terms, or (iv) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you. You agree to immediately notify Symbiosis of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Website.
Symbiosis provides information through this Website. While Symbiosis has undertaken efforts to provide accurate information, it is not comprehensive and Symbiosis makes no commitment to update the information at any particular time, and the information on the Website may be out of date. All information, contents, or links on the Website may also be changed at any time without notice. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in this Website are solely your responsibility.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SYMBIOSIS AND THE SYMBIOSIS INDEMNITEES DO NOT WARRANT THAT THE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE WEBSITE SHALL BE TO REQUEST THAT SYMBIOSIS CORRECT THE MATTER OR, IF SYMBIOSIS FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. SYMBIOSIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SYMBIOSIS WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING ANY INDEPENDENT CONTRACTOR PROVIDING THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYMBIOSIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; OR (B) ANY CONTENT OBTAINED FROM THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST SYMBIOSIS OR THE SYMBIOSIS INDEMNITEES IN CONNECTION WITH ANY DAMAGES ARISING FROM THE FOREGOING IS TO STOP USING THE WEBSITE.
If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law. Nothing in these Terms purports to limit liability or alter your rights as a consumer that cannot be excluded or waived under applicable law.
Time Duration To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms and any action related to the access or use of the Website will be governed by the laws of the Government of India without regard to or application of its conflict of law provisions or your state or country of residence. The exclusive jurisdiction for all disputes will be the courts located in Vapi Taluka of Gujarat State in India. You and Symbiosis each agree to waive any objection to jurisdiction and venue in such courts.
We reserve the right, in our sole discretion, to modify these Terms at any time. Modified Terms are effective as soon as they are posted. We also reserve the right to waive or modify any of these Terms as they apply to a specific posting or member without affecting the application of these Terms to all other postings and members. Your continued use of the Website, or any materials or services accessible through it, after modified Terms are posted means you accept the modifications.
These Terms and the Privacy Policy represent our entire understanding with respect to your use of the Website. These Terms may be modified by Symbiosis as provided under Section Modification. You may not assign these Terms without the written consent of Symbiosis, which shall not be unreasonably withheld, and any attempt to do so without such consent shall be void.
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by Symbiosis of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Nothing in these Terms is intended to or shall be deemed to create a joint venture of any kind or for any purpose. You and Symbiosis shall be and remain independent contractors at all times. Neither party shall have any authority to, nor shall attempt to, bind or commit the other party for any purpose. The headings used in these Terms are for convenience only and have no legal meaning or effect. Unless the context clearly indicates to the contrary, in these Terms (a) the plural includes the singular and the singular includes the plural; (b) “and” and “or” are each used both conjunctively and disjunctively; (c) “any,” “all,” “each,” or “every” means “any and all,” and “each and every”; (d) “includes” and “including” are each “without limitation”; (e) “herein,” “hereof,” “hereunder” and other similar compounds of the word “here” refer to these Terms as a whole and not to any particular paragraph, subparagraph, section or subsection; and (f) all pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to may require.
Other than the Symbiosis Indemnitees, no other person or entity will be third-party beneficiaries to the Terms.