Effective date: January 1, 2019
These Terms of Use (the "Terms of Use") govern your use of WebFlux's websites (http://www.webflux.in), mobile sites, microsites or mobile applications, and all related features, pages and sub-domains (such as the customer section, as referenced below) (collectively, the "Site"). Throughout these Terms of Use, "WebFlux" or "we" refers to the brand WebFlux of Aisomex Consultancy Services Pvt. Ltd. These Terms of Use do not apply to the purchase, access or use of any of WebFlux's products or services, which are subject to the applicable WebFlux subscription and or purchase agreement.
By accessing or using the Site, you agree to these Terms of Use. If you are using the Site on behalf of your employer, you represent that you are authorized to agree to these Terms of Use on your employer's behalf. If you do not agree to these Terms of Use, do not use the Site. These Terms of Use may change over time. Whenever you visit this Site, you agree to the version of The Terms of Use then posted.
Additional terms and conditions on the Site may apply to specific portions or features of the Site. Such terms and conditions supplement these Terms of Use and, along with our Privacy Statement (referenced below), are considered a part of these Terms of Use. To be clear, the Site may contain separate agreements that govern your use of certain portions or features of the Site. These separate agreements apply to their subject matter, but they do not change your obligations with respect to the Site in general.
The Site may contain information, software, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, video, pictures, content and other materials (collectively, "Materials").
You may download Materials that provide information on WebFlux products and services (such as white papers, press releases, datasheets, and product documentation) and that are made available by WebFlux for download from the Site. WebFlux retains all rights and title to such Materials, but grants you the limited right to use such Materials for your personal, non-commercial and informational purposes; provided that you do not
WebFlux and/or its licensors or suppliers own the Materials, as well as the design, structure, selection, coordination, expression and arrangement of such Materials on the Site, and all intellectual property rights therein and thereto. The WebFlux logos, trademarks, service marks or other business names are the trademarks or registered trademarks of WebFlux Inc. or its affiliates in India and other jurisdictions ("Trademarks"). All other company and product names may be trademarks or registered trademarks of their respective companies. The Materials and the Trademarks are protected by law, including copyright, trademark and other intellectual property laws, as well as unfair competition laws and international treaties. Other than the limited rights granted in these Terms of Use, nothing on the Site shall be construed as conferring to you any license in any intellectual property rights, whether by implication, estoppel or otherwise.
With respect to your use of the Site you may not, and agree not to:
Access to the Site may be monitored by WebFlux, including to verify your compliance with these Terms of Use.
If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password to any account that you create and are responsible for any and all activities that occur under your account. You agree to notify WebFlux immediately of any unauthorized use of your account or any other breach of security. WebFlux will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by WebFlux or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Links to third party websites on the Site are provided as a convenience to you. Such third party websites are not owned or operated by WebFlux, and WebFlux does not assume any responsibility or liability for any communications or materials available through such third party websites. WebFlux does not intend links on the Site to be referrals or endorsements of the third party entities or their products.
WebFlux is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy statement at https://webflux.in/terms_and_policies/privacy_policy ("Privacy Statement"). By using the Site, you agree to our Privacy Statement. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Minors are not eligible to use the Site. We ask that minors do not submit any personal information to WebFlux. By using the Site, you represent that you are at least 18 years old.
Materials derived or obtained from the Site may be subject to the Indian export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall
If you have any questions regarding these Terms of Use or the website, please contact WebFlux at contact@webflux.in.
THE SITE, MATERIALS, OR INFORMATION DERIVED FROM THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WebFlux does not warrant that
Use of the Site or any Materials is at your own discretion and risk, and WebFlux is not responsible for any decisions you make based on such use. WebFlux is not responsible for any damage caused to your computer or data, or from any bugs, viruses, Trojan horses or other destructive or harmful code resulting from use of the Site or Materials.
WebFlux may make changes to the Materials or the Site, or to any products, services or prices described therein, at any time, with or without notice to you.
The disclaimers above apply to the fullest extent permitted by applicable law. Some states do not allow exclusion of implied warranties, so some of the above disclaimers may not apply to you. You may also have other legal rights, which vary from state to state.
IN NO EVENT WILL WEBFLUX, ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, OR WHETHER OR NOT WebFlux HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF, AND WebFlux SHALL NOT BE RESPONSIBLE FOR COST OF ANY PROCUREMENT OF SUBSTITUTE GOODS.
The limitations and exclusions above apply to the fullest extent permitted by applicable law. Some states do not allow the limitation of consequential, incidental, or other types of damages, and some of the above limitations may not apply to you. To the extent any jurisdiction does not permit the above disclaimers of direct damages, you hereby agree that the cumulative liability of WebFlux (and its suppliers, licensors, directors, investors, employees, agents and contractors) under these Terms of Use will be limited to one hundred rupees only (INR 100).
You agree that WebFlux may, in its sole discretion and at any time, terminate your access to all or any part of the Site or delete your accounts or any materials you have stored on the Site, including, without limitation, if you violate these Terms of Use or any applicable law. In particular, if we find out that you have used the Site to infringe any copyrights or other third party proprietary rights, we may remove any of your materials from the Site or, if we determine that you are a repeat infringer, we may terminate all access you have to the Site. We consider a repeat infringer to be someone who has been notified of infringing activity more than twice or had their materials removed from the Site more than twice. To be clear, if WebFlux, in its sole discretion, takes any of the actions described in this paragraph:
Without limiting the terms of our Privacy Statement, WebFlux may preserve or disclose any information that we have about you (including without limitation your identity and any communications you make through the Site) if WebFlux determines that such preservation or disclosure is reasonably necessary to (i) comply with applicable law, regulation, legal process, or governmental request (including without limitation for fraud protection purposes); (ii) enforce these Terms of Use; (iii) investigate or respond to claims that any such data violates the rights of others; or (iv) protect the rights, property or personal safety of WebFlux, its employees, users of or visitors to the Site, or the public.
If you provide any feedback, recommendations for improvements or features of the Site or any WebFlux products or services, implementation of that feedback or recommendation is owned by WebFlux and may become part of our Site, products and services without compensation to you.
The Terms of Use constitute the entire agreement between you and WebFlux relating to your use of and access to the Materials and the Site, and cancel and supersede any prior versions of the Terms of Use. WebFlux may from time to time modify these Terms of Use as described in the introduction language at the beginning of this document. No modification of these Terms of Use by you will be binding, unless in writing and signed by an authorized WebFlux representative.
This Terms shall be governed and construed in accordance with Indian Law. Any controversy or claim arising out of or in any way connected with these Terms shall be brought in the courts located at Rajkot city of Gujarat state of India. The language of arbitration proceedings shall be English. The arbitral award shall be final and binding upon the Parties. You further agree that the arbitration costs and expenses of the other Party/Parties (including, but not limited to, lawyer's fees) shall be borne by the losing Party.
ANY LAWSUIT BROUGHT BY YOU UNDER THESE TERMS OF USE MUST BE FILED WITHIN 1 MONTH AFTER THE EVENT THAT GAVE RISE TO THE LAWSUIT. OTHERWISE, YOU AGREE ANY ACTION ARISING UNDER THESE TERMS OF USE WILL BE PERMANENTLY BARRED.
If you are accessing the Site from Europe, the Middle East or Africa, all matters arising out of or relating to these Terms of Use shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
If the laws of country in which you are located require that contracts be in the local language in order to be enforceable, the version of these Terms of Use that shall govern is the translated version of these Terms of Use in the local language that is produced by WebFlux within a reasonable time (minimum 2 months) following your written request to WebFlux.