This is an electronic record in accordance with the Information Technology Act, 2000 (as may be modified, amended, re-enacted, consolidated or replaced from time to time) and rules relating thereunder to electronic records as applicable and amended now and again. This document is produced by a computer system and does not need any electronic or physical signature.
This document is issued in agreement with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that mandates an intermediary to publish rules and regulations, terms and conditions and privacy policy for access or usage of this site or application.
Services (defined hereinafter) offered on or through our site (defined hereinafter) and/or use of the application or use of any other media format, you (defined hereinafter) accept, agree to comply with and be restricted by these Terms and Conditions (hereinafter also referred as “Terms of Use”) that forms a binding consent between you and us (defined hereinafter). By using the Services, you represent and warrant that you are of legal age to form a binding contract with us.
Therefore, your use of the site and/ or use of the application and its related services and tools are governed collectively by the “Terms of Use, Privacy Policy and the Cookies Policy” as may be applicable.
INSTALLING, SIGNING UP, BROWSING, ACCESSING OR OTHERWISE USING THE SITE AND/OR APPLICATION INDICATES THAT YOU AGREE TO ALL THE TERMS AND CONDITIONS HEREIN, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU ARE NOT IN ARRANGEMENT WITH OUR TERMS & CONDITIONS, LEAVE NOW. YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO CREATE ANY USER ACCOUNT WITH US.
If you do not wish to be restrained by the Terms of Use, you must not retain, access or use the application and /or site in any manner whatsoever. Anything done, caused to be done, whether impliedly or expressly in contravention of these Terms of Use may render you liable for legal action.
I. DEFINATION
For the purposes of the Terms of Use:
- “Agreement” shall mean the terms of use, the Privacy Policy, Cookies Policy and other policies as may be framed by us from time to time.
- “eNest,” “we,” “our,” “us” and “Company” shall mean eNest Technologies Private Limited, having its registered office at E-261, Fifth Floor, Phase 8-B (Industrial Area), Sector 74, SAS Nagar, Mohali, Punjab-160055, India.
- “Platform” means a collective reference to the services provided through the application or through the site at https://75r.acc.myftpupload.com installed by you on your mobile device, tablet, computer, etc.
- “Services” shall incorporate but not be restricted to offering IT, Site, and Application Development Services, along with Testing and Quality Assurance of the products, responsive Web Designs which we have developed/manufactured by us along with maintaining the products and services developed by us.
- “Site” shall mean the site – https://75r.acc.myftpupload.com.
- “You,” “yourself,” “yourselves” and “User” shall mean the user, who registers themselves on the Site of the Company for availing the Service(s) provided by the Company.
II. RIGHT TO USE
III. AVAILABILITY OF SERVICES
IV. ACCOUNT AND SUBSCRIPTION
To sign up on our website, you will be required to fill an online form on the Platform, by providing certain essential details (“Form”) as may be provided therein. We expect that You would complete the Form with fairness and honesty while furnishing the information, as needed to create an account on the Platform.
Every Form filled by You shall go through a review process by our team, and we have the right to seek such extra details as may be needed in order to guarantee that the details supplied by You satisfy the minimum criteria as decided by us from time to time to provide the Services to you in a timely and efficient manner. During such review process, we reserve the right to suspend or delete any information provided by you, if we are of the opinion that the required information does not meet the required standards set by the Company. Further, if at any point of time we come to know or have reasons to believe that any information filled by you is untrue, inaccurate, or incomplete then we have full right to suspend or terminate your membership and forfeit the amount paid (if any) by you towards our subscription fee and refuse to provide our Service to you thereafter without any notice.
You are responsible for keeping your account details up-to-date at all times and must ensure that the password which you have created on the Platform to access the account must be confidential and must not share or reveal it to anyone. You shall be responsible for all activities that occur under your login id and password. You will not sell or otherwise transfer your account to another person or entity, under any circumstances.
You shall be held liable for display on the Platform through your account of any grossly harmful, obscene, blasphemous, paedophilic, pornographic, or harmful display of any material which in any way is racially, or hateful and ethnically disparaging, objectionable, relating or encouraging gambling or money laundering, false, malicious, misleading or inaccurate, fraudulent in nature or involving the sale of stolen or counterfeit items or items which are otherwise illegal or unlawful in any manner whatsoever.
We reserve the exclusive right to reject or refuse to provide any Service(s) to a user, for any reason whatsoever, which according to the Company are in violation of these Terms of Use or is considered to be illegal, offensive or in violation of the rights of any entity or person, or being harmful or threatening the safety of others.
V. RULES OF CONDUCT
You agree that you shall not use or access the Platform for any other purpose other than the Services available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
By using the Platform, you hereby agree that you will not submit any content that is:
- Defamatory, harassing,abusive, threatening, or an intrusion of the right of privacy;
- Discriminatory, hateful, or racially or otherwise offensive;
- Violent, obscene, vulgar, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
- Encourages or advocates illegal pursuit or the discussion of illegal actions with the intent to commit them, including User content that represents an attempt to engage in stalking, child pornography, sexual assault, fraud, suicide, trafficking in stolen or obscene material, drug dealing and/or drug abuse, theft, harassment, or conspiracy to commit any criminal activity;
- Infringes or breaches any right of a third party;
- Commercial, business-related or advertises or tries to sell any services, products or otherwise (whether or not for profit), or solicits others (including donations or solicitations for contributions) unless specifically approved byeNest;
- Contains a virus or different harmful component, or otherwise tampers with, damages or impairs the Platform or any associated network, or otherwise intervenes with any entity or person’s use or enjoyment of the Site;
- Infringes any particular restrictions applicable to a forum, including its procedures and age restrictions; or
- Antisocial, destructive, or disruptive, including spamming, flaming, trolling, flooding, and grieving as those words are generally understood and practised on the internet.
VI. TERM AND TERMINATION
These Terms of Use shall endure in full force and effect till the time you keep using the Platform and Services or are otherwise a User of the Platform, as applicable. You may terminate your use or your engagement at any time by deleting the account, or by contacting us at [email protected].
If we terminate or discontinue your account for any reason, you are forbidden from creating and registering a new account under your name, a borrowed or fake name, or any third party name, even if you may be working on behalf of the third party. In addition to cancelling or suspending your account, we hold the right to take suitable legal action, including, but not confined to seeking civil, criminal, and injunctive redressals.
VII. COMPLIANCE WITH APPLICABLE LAWS
You consent to comply with all applicable laws, rules, regulations, by-laws, Terms of Use and other policies regarding your use of the Platform. You must be at least eighteen years of age to access the Platform.
VIII. PROCEDURE OF NOTICE PERTAINING TO INTELLECTUAL PROPERTY RIGHTS CONCERNS.
We solely own rights in the name and trademark of [●] and the logo that appears on the Platform (the “Logo”). You are not allowed to, and you agree not to, use these marks in any way (including as part of any other company name, trademark or domain name), in connection with any product or service.
If You have any concerns pertaining to the Intellectual Property (“IP”) showcased on the Platform, kindly provide us with the following documents:
- A physical/digital signature of the owner of IP or the person allowed to represent the owner of the copyright work for any other IP.
- A report of the copyrighted work or other IP at issue.
- The location of the material inducing rise to the issue on the Platform.
- Your address, phone number, fax no. and email address.
- A statement by You that you hold a bona fide belief that the disputed use is not authorized by the copyright or other IP owner, its agent, or the law.
IX. DISCLAIMER
- You hereby acknowledge that your admittance to the Platform will be at your own risk besides as expressly brought up in these Terms of Use. All terms, conditions, warranties, and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in concern with the Platform and Service(s) and your use thus including, without limitation, the implied warranties of satisfying quality, non-infringement, fitness for a particular purpose are excluded to the fullest extent sanctioned by applicable law.
- We do not make any type of warranty or representation pertaining to the precision or completeness of the Platform’s content and therefore are not liable for any (i) inaccuracy or omission in the content;(ii) any interruption or cessation of transmission to and from the Platform; (iii) any unlicensed access and/or use of servers and/or all personal information and/or all financial information stored on our Platform; (iv) any viruses, trojan horse, bugs or a similar program which may be transmitted to or from the Platform by any third-party.
- We will not be answerable for any delay or failure to comply with our obligations under these Terms & Conditions if that failure or delay is caused by an event beyond our reasonable control.
X. LIMITATION OF LIABILITY
- We do not exclude or restrict its liability in any manner to you where it would be unlawful to do so. This incorporates liability for death or personal injury caused due to negligence of eNest or its employees, agents, contractors and shall also include liability for fraud and fraudulent misrepresentation.
- In an event if we fail to comply with these Terms of Use, we will be responsible for loss or damage suffered by You which is a foreseeable result of our breach of the Terms of Use but not beyond that.We shall not be held accountable for any damage or loss that were not foreseeable at the time when you commenced using the Platform or the Services.
- Please be informed that we only provide our Platform for sharing knowledge for private use. You hereby agree not to use our Platform for any business or commercial purposes, and we have no obligation to you for any loss of profit, loss of business, business interruption, and/or loss of business opportunity.
- If any softwareor code that is shared via our Platform and owned by us, you have legal rights pertaining to software/code that are faulty or is not as described. Nothing in these Terms & Conditions shall affect these legal rights possessed by you.
- Despite anything to the contrary included in the Disclaimer and Limitation of Liability segment, our obligation to You for any cause whatsoever and despite the form of the action, will at all times be confined to a total gross amount equal to the greater of (a) the sum of INR 10,000/- or (b) the amount paid, if any, by you to us for the Services or Site during the six month period before any cause of action arising, whichever is less.
XI. INDEMNITY AND HOLD HARMLESS
XII. DISPUTE RESOLUTION
These Terms of Use and all transactions entered into on or through the Platform and the relationship between you and eNest shall be governed in consonance with the laws of India without reference to conflict of laws principles. If you think there to be a dispute between you and us or the Service(s) provided by us, please contact us at [email protected]. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Platform, these Terms of Use or any transactions entered into on or through the Platform or the relationship between you and eNest shall be subject to the exclusive jurisdiction of the courts at Punjab, India and you hereby accede to and accept the jurisdiction of such courts.
XIII. TAXES
XIV. BREACH OF TERMS
If you violate any of these Terms of Use, we may terminate your account in our sole discretion and without limitation, either with or without notice. Should we terminate your account, we will forfeit all the information and other compilations created by you through the Platform, and you may not be entitled to re-enrol or re-join or create a new account unless invited to re-join or to subscribe to a new account by us.
The suspension, restriction or expiration of your account or your access to the Platform pursuant to this section will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. Further, if required by applicable law or by a court order or by other enforcement authorities and/ or agencies or if we in our sole discretion consider the disclosure of such information necessary or appropriate, we will disclose your user identity and other details, as available by (to) us.
XV. WAIVER
XVI. USER WARRANTIES
XVII. MISCELLANEOUS
- We may be bound under applicable law, to notify Users of certain events. User hereby acknowledges and consents that such notices will be effective upon our posting them on the Platform or transferring them to the User through the email address given by the User at the time of providing personal information. User(s) may update their email address in case of any changes on the Site. If they do not provide us with accurate information, we shall not be held liable for failure to notify the User.
- We shall not be held accountable for any delay or failure to perform resulting from causes outside our practicable control, including but not restricted to any failure to perform due to unforeseen situations or cause beyond the control such as acts of God, terrorism, war, riots, acts of civil or military authorities, embargoes, floods,fire, accidents, strikes, network infrastructure failures, or shortages of transportation facilities, energy, fuel, labour or materials. (“Force Majeure Event”)
- Users agree that despite any law or statute to the contrary, any claim or cause of action related to use of the Platform or these Terms of Use must be filed within 30 (thirty) days of such claim or cause of action arising or be forever barred from making any claim.
- If any section of these Terms of Use is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms of Use shall continue in full force and effect.
XVIII. CONTACT US:
Should the User has any questions, comments, complaints and requests regarding these Terms and Conditions, Privacy Policy and Cookie Policy, such respective User may address the same to the below-mentioned contact details in respect of the Site. Any complaints or concerns regarding any content on the Site or any breach of the Privacy Policy or Terms and Conditions or any other policy can be directed to the below mentioned email id and address in writing:
Email: [email protected]
Address: E-261, Fifth Floor, Phase 8-B (Industrial Area), Sector 74, SAS Nagar, Mohali, Punjab-160055, India
