Terms of Use of
Infraline Group of Websites
(http://www.Infraline.com
and other sub-domains under Infraline)
Read the following Term and Conditions carefully before using
this site.
By using or
accessing this site for both Paid and Unpaid Usage, you acknowledge that
you have read these Terms of Use ("Agreement"), and that you accept and will be
bound by the agreement .
Copyright Notice
Copyright 1995-2004 Infraline
Technologies (India) Private Limited. All Rights Reserved
Trademark Notice "Infraline
Technologies (India) Private Limited", "Infraline", the Infraline
Technologies (India) Private Limited. logo, and "Infraline.com" are
trademarks and/or service marks of Infraline Technologies (India) Private
Limited, a company incorporated under Company Act, 1956 in New Delhi
("Infraline") or Other parties. Unless otherwise noted on the Site, all
other trademarks, service marks, and logos used in this Site are the
trademarks, service marks or logos of their respective owners. Any
reproduction of the trademark assets and properties of Infraline, without
explicit permission, would draw the necessary trademark legal actions from
Infraline.
License Grant & Ownership by Infraline
License.
Subject to the terms and conditions of this Agreement, and until
termination of the Agreement, Infraline grants you a non-exclusive,
non-transferable, limited license to view or print the Content in this Site
without alterations, for personal use only.
Number of
Licenses: The number of licenses per fully paid subscription
is for 20 computers for the parent location. The licenses for
additional locations and /OR users need to be purchased
separately.
Ownership.
All Content on the Site is (and shall continue to be) owned
exclusively by Infraline or Others, and is protected under applicable
copyrights, patents, trademarks, trade dress, and/or other proprietary rights,
and the copying, redistribution, use or publication by you of any such Content
or any part of the Site is prohibited. Under no circumstances will you acquire
any ownership rights or other interest in any Content by or through your Site
Use.
Restrictions on Use
Prohibited Acts.
Concerning your Site Use or any Content, you agree not to
knowingly: (i) use any device, software or technique to interfere with or
attempt to interfere with the proper working of the Site; (ii) post or transmit
to the Site any unlawful, fraudulent, harassing, libelous, or obscene
Information of any kind; (iii) post or send to the Site any Information that
contains a virus, bug, or other harmful item; (iv) publish, perform, distribute,
prepare derivative works, copy, reverse engineer, or use the Content (other than
as expressly permitted herein); (v) post or transmit into or on the Site any
Information in violation of another party's copyright or intellectual property
rights; (vi) take any action which imposes an unreasonable or disproportionately
large load on Infraline's infrastructure; (vii) redeliver any of the Content
using "framing", hyperlinks, or other technology without Infraline's express
written permission; or, (viii) use any device or technology to provide repeated
automated attempts to access password-protected portions of the Site. Any
illegal activities shall be strictly dealt with in accordance with but not
limited to Information
Technology Act, 2000 and other applicable Acts and Statutes.
Redistribution
of site contents: Redistribution of Infraline's website content on
Internet, Extranet and Intranet is explicitly
prohibited. Infraline services all the employees of the client organisation
directly and individually. Redistribution of Infraline website content, whether
wholly or partially, violates the terms of use and shall lead to immediate
termination of services without any notice, refunds for unused services or any
consequential and inconsequential damages. Infraline reserves the rights to
claim the losses suffered by it because of the above breach through the
arbitration panel as described elsewhere in this document.
Right to
Regulate & Law Compliance. You acknowledge that Infraline has the right, but
no obligation, to monitor the Site and to disclose any Information necessary to
operate the Site, to protect Infraline, Others, and Infraline's customers, and
to comply with legal obligations or governmental requests. Infraline reserves
the right to refuse to post or to remove any Information on the Site, in whole
or in part, for any reason.
Law
Compliance. You agree to comply with all governmental laws, statutes,
ordinances, and regulations (including unfair competition,
anti-discrimination or false advertising) regarding your Site Use.
Your
Site use activities as subscribers
The subscription is valid only for the
Employees of Subscribing Organisation. Infraline shall deny the access
requests by/for all such persons who are not of the Employees of the
Organization Subscribing to Infraline services. It is important that a
request is sent for the persons through their official email id assigned by
the Subscribing Organisation. If the name of the organization of the person
requesting access to restricted areas is different from the name of
Organisation subscribing to Infraline services, the request shall be Denied.
The Subscription is valid only for one organization and NOT the Group
companies / Full or Partial subsidiaries / Sister Organizations of the
Organisation Subscribing to Infraline's services. For instance, if the
subscription is being given to "ABC Limited", the employees of "ABC-XYZ
Limited / ABC-XYZ (wholly owned / partially owned subsidiary, etc. shall not
be considered as the authorized users).
Only official email ids would be accepted.
Free email ids like abc@Gmail.com,
abc@Yahoo.com, etc. shall not be
accepted.
Infraline reserves to change your password at
any time. The user shall be notified at the email address given at the time
of registration. You may change your address for notification by visiting My
Preferences page (http://www.infraline.com/personalise.asp).
If you are a
subscriber, you shall be given access to certain password-protected Areas.
You agree to keep your password confidential, to send Notice to Infraline
within 24 hours if your password is compromised. You acknowledge that
Infraline neither endorses nor is affiliated with any Linked-Site and is not
responsible for any information that appears on the Linked-Site. You
acknowledge that (i) the internet is a network of computers worldwide, and
that any Information submitted by you to Infraline necessarily is routed via
third party computers to Infraline, (ii) Infraline is not responsible for
lapses in online security and does not assume liability for improper use of
your Information by a third party.
You shall not share your login and
password with any Person including but not limited to business
colleagues (in organizations other than yours) and with your friends and
family members.
The Subscribing Organisation shall immediately
inform Infraline about the Employees who have left / are quitting the
organization so that the Login of the individual can be discontinued. Any
usage by ex-employee shall be considered as unauthorized access under the
sub clause (f) of this clause.
You are given permission to use Infraline
website for commercial use with reference to your organization needs Only.
In case of any unauthorized usage by any individual (s) or an entity through
direct or indirect means or involvement, the website subscription
services shall be immediately terminated and the balance unused advance
shall be forfeited. The company also reserves the right to proceed
with appropriate legal actions against the defaulters in accordance and
provisions of Indian Laws.
Subscription Fees: The subscription
fees is non-refundable and non-adjustable in any circumstances.
Submissions
of Information by you
Grant of License to
Infraline. If you submit Information to the Site, you grant Infraline a
nonexclusive, worldwide, royalty-free license to (in any media now known or not
currently known or invented) link to, utilize, use, copy, exploit, and prepare
derivative works of the submitted Information. No Information you submit shall
be deemed confidential. However, Infraline agrees to use your Information in
accordance with Infraline's Privacy Policy applicable to personally identifiable
user data.
You retain
ownership of any copyrights or other intellectual property rights applicable to
any information you submit to Infraline.
Non Hire
Either party to this contract hereby agree not to hire any employee of the other, without mutual consent,
during the course of their usage of this website or for a period of one year
after the last usage of Infraline' services.
Applicability & Cooperation
Infraline reserves the
right to limit the provision of any product or service to any person, geographic
area or jurisdiction as it so desires, or as required by law. Infraline in its
sole discretion may add, delete or change the Content at any time, without
notice to you.
Limited
Warranty and Disclaimer
Disclaimer of warranty Infraline and all content providers make no
representation about the suitability of the content hereon. This site, and
access to any linked-site, is provided to you by all content providers "as is"
and "as available", with no representations or warranties of any kind, either
expressed or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose, accuracy, and
non-infringement. You hereby disclaim all warranties by Infraline relating to
your site use. You acknowledge that your access to the site will not be free of
interruptions, that the information herein may contain bugs, errors, technical
inaccuracies, problems or other limitations, and that the site may be
unavailable from time to time. You assume total responsibility and risk for your
site use and site-related services.
Limitation of liability Under no circumstances will any of the content
providers be liable or responsible for any direct, indirect, incidental,
consequential (including damages from loss of business, lost profits,
litigation, or the like), special, exemplary, punitive or other damages, under
any legal theory, arising out of or in any way relating to the site, your site
use, or the content, even if advised of the possibility of such damages. Your
sole remedy for dissatisfaction with the site and/or content is to cease all of
your site use.
You may have additional rights under certain laws (including consumer laws)
which do not allow the exclusion of implied warranties, or the exclusion or
limitation of certain damages. If these laws apply to you, the exclusions or
limitations in this Agreement that directly conflict with such laws may not
apply to you.
Contacting
Infraline Should you desire to contact Infraline, you may do so at: Infraline Technologies
(India) Pvt Ltd., 14D, Atmaram House, 1, Tolstoy Marg, New Delhi - 110 001.
India. Phone: +91 11 6609 0000 (Board). Email
support@Infraline.com.
Forward Looking Statements:
Some of
the information on this web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of the Company. We wish to caution you that these statements are
only predictions and that actual events or results may differ materially.
Miscellaneous
Location & Interpretation The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any party.
Equitable Relief You acknowledge that any breach by you of the provisions
of the Agreement will cause irreparable damage to Infraline or Others and that a
remedy at law will be inadequate. Therefore, in addition to any and all other
legal or equitable remedies, Infraline and Others will be entitled to injunctive
relief for any breach of this Agreement.
Severability In the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in full force and
effect and enforceable.
Complete Integration This Agreement constitutes the entire agreement
between you and Infraline pertaining to the subject matter hereof. You agree to
review this Agreement prior to any Site Use, and each Site Use by you shall
constitute and be deemed your unconditional acceptance of this Agreement. This
Agreement may be prospectively modified by Infraline, by posting a revised
Agreement on the Site.
Termination
For unpaid
usage of Infraline website, the Agreement may be terminated by either Party, in
its sole and absolute discretion, at any time and for any reason (with or
without cause), with or without notice. If the Agreement is terminated, you
agree to cease all Site Use and, upon request by Infraline, to return all
Information in your possession relating to the Site, and all copies thereof.
For paid / subscribed services of
Infraline website, the agreement can be terminated either on the expiry of Paid
/ Subscription period or on 3-month's notice. The Subscription fees is
NON-REFUNDABLE under any circumstances. On
termination of this Agreement , you agree to cease all Site Use and, upon
request by Infraline, to return all Information in your possession relating to
the Site, and all copies thereof.
Survival of Certain Provisions Any and all provisions or obligations
contained in this Agreement which by their nature or effect are required or
intended to be observed, kept or performed after termination of this Agreement
will survive the termination of this Agreement and remain binding upon and for
the benefit of the parties, their successors and permitted assignees.
Waiver No delay or omission to exercise any right or remedy accruing to
Infraline upon any breach or default by you shall constitute a waiver by
Infraline of any breach or default.
Headings All article or section headings, or exhibit names, are for
reference and convenience only and shall not be considered in the interpretation
of the Agreement.
No
Agency You and Infraline are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Conflicts If this Agreement conflicts with a provision of any other
contract between you and Infraline relating to the Site, the provision in such
other Agreement shall govern.
Arbitration & Jurisdiction Notwithstanding your place of accessing this website, you submit yourself to the
laws of India. Any dispute related to the usage of website shall be referred
to a panel of 3 arbitrators according to
Arbitration and Conciliation Act, 1996 of India. The place of arbitration
shall be in New Delhi, India. Further, you also agree to bear all direct and
indirect costs and expenses to defend your case.
Glossary The following terms, when used in this Agreement, shall have the following
meanings.
"Content". The term "Content" means all Information, data, or other
material, in any form or media, contained in, obtained from, or relating to the
Site, including but not limited to all results obtained from the Site or Emails
or Email Newsletters provided under Infraline.com logo or name OR by Infraline.
"Content Providers".
The term "Content Providers" means both Infraline
and Others.
"Information".
The phrase "Information" includes all data, information,
documents, files, personally-identifying information, and software disclosed by
one party to the other in connection with the Site or your Site Use.
"Linked-Site".
A "Linked-Site" means any internet site (including all
information, data, and content thereon) that is linked to the Site, but not
owned by Infraline.
"Notice".
The phrase "Notice" refers to the sending of Information by you
to Infraline via certified mail, return receipt requested, to Infraline at the
address noted in section 10 above.
"Others".
The terms "Others" means Infraline's direct or indirect
licensors, Infraline's affiliates, or other contributors to the Site (other than
Infraline.
"Privacy Policy". The phrase "Privacy Policy" refers to Infraline's official
published privacy policy, if any, describing Infraline's intended uses of your
personally identifiable Information.
"Site".
The term "Site" means any Infraline internet site, page (and all
sub-pages), uniform resource locator ("URL"), domain location, and all
Information and Content thereon but not limited to all results obtained from the
Site or Emails or Email Newsletters provided under Infraline.com logo or name
OR by Infraline.
"Site Use".
The term "Site Use" means your use of or access to the Site.