This Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. This Agreement does not require any physical, electronic or digital signature.
APPLICABILITY OF THIS AGREEMENT
This Agreement is subject to revision by TECSTUB at any time. The revised Agreement shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms contained in this document. Your continued use of the Website, following such changes, will constitute your acceptance of those changes.
The Website is a digital platform that has existence on the World Wide Web. The Website is only providing information of it’s service offerings. The list of services offered by TECSTUB can be accessed here.
ELIGIBILITY TO USE
You represent that you are of legal age to form a binding contract and are not a person barred from receiving information under the laws applicable law. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, please read through this
Agreement with your parent or legal guardian, and in such a case this Agreement shall be deemed to be a contract between TECSTUB and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.
TECSTUB reserves the right to refuse access to use the Website to any new users or to terminate access already granted to you at any time without according any reasons for doing so.
The Website provides an inquiry page wherein you can submit your inquiry so that TECSTUB’s team can get back to you regarding your requirements. TECSTUB does not sell its services via Website. It only provides information of its services offerings. It does not require you to create an account to access its details and information. Hence, Website’s collection, storage, and usage of personal information is very limited.
TECSTUB grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website.
You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided by TECSTUB. You shall not use any deep-link, 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 in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
When you use the Website, you specifically undertake not to use the Website or to host, display, upload, modify, publish, transmit, update or share any information that:
- a. belongs to another person and to which you do not have any right to;
- b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- c. harms minors in any way;
- d. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- e. threatens the unity, integrity, defense, security or sovereignty of India, 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 of any other nation;
- f. infringes any patent, trademark, copyright or other proprietary rights;
- g. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- h. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- i. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- j. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any TECSTUB server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- k. 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;
- l. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- m. use the Website for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of TECSTUB or other third parties;
- n. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- o. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- p. violate any applicable laws or regulations for the time being in force within or outside India;
- q. violate the terms of the Agreement.
You agree that you are solely responsible to TECSTUB and to any third party for any breach of your obligations under this Agreement or other Agreements and for the consequences (including any loss or damage which TECSTUB or its affiliates or its vendors may suffer) for any such breach.
INTELLECTUAL PROPERTY RIGHTS
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, and computer code (collectively, the “Content”) on the Website is owned and controlled by TECSTUB or its licensors (“Third Parties”) and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content as otherwise mentioned in this Agreement. TECSTUB reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of TECSTUB or respective third parties. You are not permitted to use the Marks without the prior consent of TECSTUB or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, TECSTUB owns all intellectual property rights to and into the trademark ” TECSTUB “, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from TECSTUB or Thirty Party owners of such Content.
DISCLAIMER OF WARRANTIES & LIABILITY
TECSTUB has endeavored to ensure that all the information on the Website is correct, but TECSTUB neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or service. TECSTUB shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, TECSTUB shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond TECSTUB’S control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. TECSTUB is not responsible for any typographical error leading to an invalid coupon. TECSTUB accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
You agree to indemnify, defend and hold harmless TECSTUB, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with your breach of this Agreement.
TERM AND TERMINATION
You agree that TECSTUB may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if TECSTUB determines that you have violated the terms of this Agreement.
GRIEVANCE REDRESSAL MECHANISM
In case of any grievance, objection or complaint on your part with respect to the Website and your usage thereof, including any complaints, you should promptly raise such grievance or complaint with the designated Grievance Officer at [email protected] and 07940050032 and provide with all necessary information and/or documents to enable the Grievance Officer to resolve the issue.
GOVERNING LAW AND JURISDICTION
This Agreement and all transactions entered into on or through the Website and the relationship between you and TECSTUB shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, this Agreement, or any transactions entered into on or through the Website or the relationship between you and TECSTUB shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
When you use the Website or generate inquiry or contact us or make a communication with TECSTUB, You agree and understand that you are communicating with TECSTUB through electronic records and you consent to receive communications via electronic records from TECSTUB periodically as and when required. TECSTUB will communicate with you by email or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
Relationship: You and TECSTUB are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and TECSTUB.