TERMS OF USE

  1. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  2. The domain name www.sahassoftech.com “Website” is owned by Sahas Softech LLP, a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008, having its registered office at A/10, Damodar Bhuvan, 35 V P Road, Vile Parle West, Mumbai 400056, Maharashtra, India, hereinafter referred to as the “Company”.
  3. For the purpose of these Terms of Use, wherever the context so requires, the term:
    1. “User” means any Person who accesses the Website or avails any Services through the Website; and
    2. “Person” means any natural person, proprietorship, trust, firm, company, governmental authority, joint venture, association, limited liability partnership, partnership firm, society or other entity (whether or not having separate legal personality).
  4. Certain terms may be defined in this Terms of Use and wherever such terms are used in this Terms of Use, they shall have the meaning so assigned to them.
  5. For the purpose of these Terms of Use, words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
  6. Throughout this Terms of Use, Company’s prior written consent means a communication coming from Company’s legal department, specifically in response to the User’s request, and specifically addressing the activity or conduct for which the User seeks authorization.
  7. User’s use of the Website, Services and tools are governed by the terms and conditions set out in this document (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If the User transacts on the Website, the User will be subject to the aforesaid policies that are applicable to the Website for such transaction. By mere use of the Website, the User shall be contracting with the Company and these terms and conditions including the policies will constitute the User’s binding obligations with the Company.
  8. By using this Website or any facility or service provided by this Website in any way or merely by browsing the Website, the User agrees that he has read, understood and agreed to be bound, including without limitation, by these Terms of Use, the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable laws in India for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as an integral part of these Terms of Use.
  9. Users are advised to read the Terms of Use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, the User also agrees and undertakes to be bound by all policies prescribed by the Company from time to time (including but not limited to the Privacy Policy available at https://www.sahassoftech.com/privacy as amended from time to time.).
  10. The Company reserves the right to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to the User. It is the User’s sole responsibility to review these Terms of Use periodically for updates or changes. The User’s continued use of the Website following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions.
  11. As long as the User complies with these Terms of Use, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

ROLE OF THE COMPANY

  1. The Website serves as a platform where Users can access basic information about the services offered by the Company (“Services”). The Website is a platform that can be utilized by Users to connect with the Company for the Services by providing their Contact Information.
  2. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by it through the Website.
  3. Reliance on any information provided on the Website is solely at User’s own risk.
  4. In no event shall the Company be liable for any special, incidental, indirect or consequential damages of any kind in connection with the User’s use of the Website and Services, even if the User has been informed in advance of the possibility of such damages.
  5. Subject to the above and notwithstanding anything to the contrary contained in this Terms of Use, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of the Company vis-à-vis any User, regardless of the form of claim, will be INR 100 (Indian Rupees One Hundred).
  6. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.

PART 2: USER OBLIGATIONS

  1. Use of the Website is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872 or any other international law. If a minor wishes to use or transact on the Website, such use or transaction may be made by minor’s legal guardian or parents on the Website. The Company reserves the right to refuse to provide such person with access to the Website if it is brought to the Company’s notice or if it is discovered that such person is not eligible to use the Website.
  2. If the User uses the Website, he shall be responsible for maintaining the confidentiality of User’s display name and password and the User shall be responsible for all activities that occur under his display name.
  3. User agrees, undertakes and confirms that he shall not host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another Person and to which User does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever
    3. is unlawfully threatening or unlawfully harassing including but not limited to indecent representation of any Person;
    4. is misleading in any way;
    5. harasses or advocates harassment of another Person;
    6. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
    7. promotes an illegal or unauthorized copy of another Person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    8. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    9. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    10. violating someone’s privacy, or providing or creating computer viruses;
    11. contains video, photographs, or images of another person (with a minor or an adult) without the consent of such minor or adult;
    12. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. engages in commercial activities or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website;
    14. interferes with another User’s use and enjoyment of the Website;
    15. refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
    16. harm minors in any way;
    17. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or fraudulent or involves the sale of counterfeit or stolen products
    18. violates any law for the time being in force
    19. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    20. impersonates another person;
    21. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
    22. threatens the unity, integrity, defence, security or sovereignty of India or any other country, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
    23. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
    24. creates any liability for the Company or causes the Company to lose (in whole or in part) the services of its internet service provider (“ISPs”) or other suppliers.
  4. User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Company reserves its right to bar any such activity.
  5. User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
  6. User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other User, including any account on the Website not owned by the User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website.
  7. User shall not make any negative, denigrating or defamatory statements or comments about the Website or the Company or any other brand name or domain name used by the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company. User agrees that he will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems, infrastructure or networks, or any systems, infrastructure or networks connected to the Company
  8. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  9. User will not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to the Company on or through the Website or any service offered on or through the Website. User may not pretend that he is, or that he represents, someone else, or impersonates any other individual or entity.
  10. User will not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.
  11. User shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 Digital Personal Data Protection Act, 2023 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws including Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, 2003, foreign exchange laws, statutes, ordinances and regulations regarding the User’s use of the Website. The User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  12. Solely to enable the Company to use the information supplied to it by the User, so that the Company is not in violation of any rights the User may have in his information, User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights User has in his information, in any media currently known or not currently known, with respect to User information. The Company will only use User information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website
  13. The User shall not use any information obtained from the Website in order to harass, abuse, or harm another Person.
  14. The User understands that the Company has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, the Company can (and the User hereby expressly authorizes the Company to) disclose any information about the User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Digital Personal Data Protection Act, 2023, Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, 2003 or any other law as the Company, in its sole discretion, believes is necessary or appropriate in connection with the investigation or resolution of possible crimes, especially those that may involve personal injury.
  15. The User acknowledges that the Company is required to report cyber security incidents and other such related information with appropriate authority and relevant data in connection therewith, which report may include data of the Users and their activities on the Website.
  16. The Company shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way on his own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

GENERAL TERMS

Content on Website
  1. Company is the sole owner of all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds and music reflected on the Website including the Services (“Content”).
  2. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
  3. Signature
  4. This Website, all the materials and products (including but not limited to software) and Services, included on or otherwise made available to the User through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not represent or warrant that:
    1. this Website will be constantly available, or available at all; or
    2. the information on this Website is complete, true, accurate and non - misleading.
  5. The Company will not be liable to the User in any way or in relation to the content of, or use of, or otherwise in connection with, the Website. The Company does not warrant that the Website; information, content, materials, product (including software) or Services included on or otherwise made available to the User through the Website; their servers; or electronic communication sent from the Company are free of viruses or other harmful components.
  6. Identity
  7. The User shall indemnify and hold harmless the Company, its, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys fees, made by any third party or penalty imposed due to or arising out of the User’s use of the Website or Services, or breach of this Terms of Use, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
  8. Intellectual Property
  9. This site is controlled and operated by the Company. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other Person to do so.
  10. The Company respects the intellectual property of others. In case any Person feels that his trademark has been infringed, he can write to the Company at sales@sahassoftech
  11. Governing Law and Dispute Resolution
  12. Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India.
  13. Unless otherwise specified, Company will provide the Services to the Users residing or located in India. The Company makes no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and the Company is not responsible for supply of Services to other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.
  14. These Terms of Use shall be construed and governed by the laws of India and the courts of Mumbai shall have exclusive jurisdiction over all disputes arising out these Terms of Use.
  15. Any dispute or disagreement arising out of these Terms of Use including but not limited to issues relating to the rights and liabilities of both the Users or the Company, interpretation of these Terms of Use, and all such other issues arising out of these Terms of Use shall be referred to a sole arbitrator mutually appointed by the Company and the disputing User
  16. In the event, wherein the disputing parties are unable to decide on a sole arbitrator within 5 (five) days of a party recommending an arbitrator, each disputing party will appoint one arbitrator and the two appointed arbitrators will appoint a third arbitrator.
  17. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Mumbai, India and conducted in English.
  18. The Agreement will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction.
  19. Severability
  20. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
  21. Waiver
  22. Any failure by Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Company of that provision or right.
  23. Contact Us
  24. Please send any questions or comments regarding this Website to sales@sahassoftech
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