Terms of Use Agreement

Last Updated: 24th Aug 2016

This Agreement is between you (“you”) and Clodura Systems Pvt Ltd (“Company,” “we,” “us”) concerning your use of the website, owned and controlled by us from which you are accessing this Agreement (the “Site”).

This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of the Website. You accept this Agreement by using the Website or accessing any content available through the Website (the “Site”). We may revise this Agreement at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Changes to this Agreement will not be applied retroactively.

  Changes

We may make changes to the website and the content and/or the services described on the website at any time.

  Privacy Policy

Your submission of information through the Site is governed by our Privacy Policy, which is located at the “Privacy Policy”, and which is hereby incorporated into this Agreement by this reference.

  Compliance with Laws

In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations, including any export controls, embargoes or other rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

  Site Services and Contents

The Site provides you with access to certain services, such as referrals to products, services and suppliers that may be of interest to you (the “Site Services”), and to certain content provided by us or by third parties, such as news and information regarding such products, services and suppliers in various industries (the “Site Content”). We cannot and do not guarantee these Site Services or Site Content.

  About The Information on This Site

The content available on the website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe our publication of the website as a warranty or guarantee of the quality or availability of any services.

  Conduct

You agree that you will not use the website for any illegal purpose. In addition, you agree that:

1. You will not harvest, collect or otherwise use contact information made available on the website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any of our communications facility to deliver or attempt to deliver spam;

2. You will not attempt to gain unauthorized access to the website or the servers and network associated with the website;

3. You will not circumvent or attempt to circumvent any security or access control technology implemented on the website, or the servers and network associated with the website;

4. You will not use the website in any manner designed to degrade the performance or functioning of the website.

  Additional Restrictions

You agree not to access the website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of it.

  Proprietary Rights

The website and the content are the sole and exclusive property of the Company and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the website or the content other than as expressly authorized by us in writing. You hereby acknowledge and agree that, as between we and you, all right, title, and interest in and to the website and the content shall be owned exclusively by us. Use of the website or the content in any way not expressly permitted by this Agreement is prohibited.

  Copyright

The Website is protected by international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the website, without our express prior written permission.

  Trademarks

Unauthorized use of any of our trademark, service mark or logo are prohibited, and may be a violation of the applicable trademark laws.

You may not use our logos or “design” service marks (as opposed to our service marks consisting solely of words) under any circumstances without our prior written authorization.

In addition, you may not use trademarks, whether design or word marks, in the following ways:

1. In, as, or as part of, your own service or trademarks;

2. To identify products or services that are not owned or provided by us;

3. In a manner likely to cause confusion;

4. In a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services;

5. As hidden or embedded text in web pages in an effort to cause a search of our marks to result in a hit on a page not maintained by us.

  Links to other sites

The website may contain links to websites operated by other parties. The Company provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under our control, and we are not responsible for the content available on the other sites. Such links do not imply our endorsement of information or material on any other site and we disclaims all liability with regard to your access to and use of such linked websites.

  No Warranties and Limitation of Liability

THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

  Indemnity

Except to the extent prohibited under applicable law, You agree to defend, indemnify and hold harmless the Company, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of
(a) your use of, or activities in connection with, the Site;
(b) any violation or alleged violation of this Agreement by you;
(c) any use or other exploitation, thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.

  Term and Termination

This Agreement is effective until terminated. This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice.

  Cancellation Policy

User may select to cancel the subscription by sending an email to Info@clodura.com and he will not be charged for next payment cycle.

  Choice of Law and Forum

This Agreement shall be governed by, and will be construed under laws of India and you irrevocably agree to the exclusive jurisdiction by the courts located in Pune, India, to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.

  Information and Complaints

If you have a question or complaint regarding the Site or the meaning of application of this Agreement, please send an email to info@clodura.com.

  Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the us:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help Company locate content quickly);
d) Your name, address, telephone number and e-mail address;
e) A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Company’s legal officer can be reached at XXX@XX.com

  Ability to Enter Into This Agreement

BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER:
(A) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR
(B) THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOUR CHILD.
If you are the parent or legal guardian of a child under the legal age to enter into this Agreement, then, as used in this Agreement, “you,” “yourself,” “your,” and “user” means and refers to you on behalf of yourself and your child who is the user of the Site.

  Permitted Uses

So long as you agree and comply with the terms of this agreement, and unless this agreement is otherwise terminated by the company, the company invites you to view and/or print a single copy of the website and the content. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the website or in the content. Special terms may apply to some services offered on the website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail.

  Miscellaneous:

Severability
If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.

Assignment
You may not assign or transfer your rights or obligations under this Agreement without the prior written consent the Company, and any assignment or transfer in violation of this provision shall be null and void.

Waiver
Company’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Company’s right to act with respect to subsequent or similar failures.

Title
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

We reserve the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the website, including without limitation the right to block access from a particular internet address.