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Legal
Agreement
Copyright © by BHAVI SOFTECH SYSTEMS PVT LTD.
All rights reserved.
Welcome
to BHAVI SOFTECH.
You
agree to the following terms and conditions and/or terms of
services with BHAVI SOFTECH SYSTEMS PVT LTD, hereafter reffered
to as "BHAVI SOFTECH" (which will also refer it's
services like mySoftech, etc.) by visiting this site.
You agree not to reproduce, duplicate, copy, sale, resale
or exploit for any commercial purposes, any portion of the
service, ot access to the service.
Note
that any program, publication, design, product, process, software,
technology, information, know-how or idea described in this
document may be the subject of other rights, including other
intellectual property rights, which are owned by BHAVI SOFTECH
or other interested parties and are not licensed to you hereunder.
This
document is intended to provide general information on a particular
subject or subjects and is not an exhaustive treatment of
such subject(s). Accordingly, the information in this document
is not intended to constitute legal, accounting, tax, investment,
consulting, or other professional advice or services. Before
making any decision or taking any action which might affect
your personal finances or business, you should consult a qualified
professional advisor.
THIS
DOCUMENT AND THE INFORMATION CONTAINED HEREIN IS PROVIDED
"AS IS," AND BHAVI SOFTECH MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS
OR WARRANTIES REGARDING THIS DOCUMENT OR THE INFORMATION OR
SERVICES. WITHOUT LIMITING THE FOREGOING, BHAVI SOFTECH DOES
NOT WARRANT THAT THE DOCUMENT OR INFORMATION WILL BE ERROR-FREE
OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
BHAVI SOFTECH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
COMPATIBILITY, SECURITY AND ACCURACY. YOUR USE OF THIS DOCUMENT
AND INFORMATION AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME
FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE
OF THIS DOCUMENT OR INFORMATION OR SERVICES. BHAVI SOFTECH
WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER,
WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATING TO
THE USE OF THIS DOCUMENT OR INFORMATION OR SERVICE.
If
any of the foregoing is not fully enforceable for any reason,
the remainder shall nonetheless continue to apply.
All
other product or company names mentioned herein are the trademarks
of their respective owners and are mentioned for identification
purposes only. Certain links in the BHAVI SOFTECH web site
lead to resources maintained by third parties over whom BHAVI
SOFTECH has no control. BHAVI SOFTECH makes no representations
or warranties as to the accuracy of, or any other aspect relating
to those resources.
You agree to submit to the personal and exclusive jurisdiction
of the courts located within the State of Maharashtra, Government
of India, other state or local laws as may be applicable.
In the event of any dispute, arising out of the terms or scope
of this Agreement, the such dispute shall be referred to and
settled in accordance with the provisions of the Arbitration
and Conciliation Act, 1996 and the arbitration award shall
be binding on the parties, subject to the laws in force. The
venue of arbitration shall be Mumbai. The failure of BHAVI
SOFTECH to exercise or enforce any right or provision of this
agreement shall not constitute a waiver of such right or provision.
If any provision of the agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of this agreement remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to the
agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred. Except to the
extent otherwise provided herein, no liability shall result
to other Party from delay in performance of from non-performance
caused by circumstances beyond the control of the Party affected,
including but not limited to act of God, fire, flood, explosion,
war, action or request of governmental authority, accident,
labour trouble but each of the hereto shall be diligent in
attempting to remove such cause or causes.
BHAVI SOFTECH reserves the right at any
time and from time to time to modify or discontinue, temporarily
or permanently, the Services like mySoftech, etc. (or any
part thereof) with or without notice. You agree that BHAVI
SOFTECH shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
You agree that BHAVI SOFTECH, in its sole
discretion, may terminate your password, account (or any part
thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without
limitation, for lack of use or if BHAVI SOFTECH believes that
you have violated or acted inconsistently with the letter
or spirit of the TOS. BHAVI SOFTECH may also in its sole discretion
and at any time discontinue providing the services, or any
part thereof with or without notice. You agree that any termination
of your access to any of the service under any provision of
this TOS may be effected without prior notice, and acknowledge
and agree that BHAVI SOFTECH may immediately deactivate or
delete your account and all related information and files
in your account and/or bar any further access to such files
or the service. Further, you agree that BHAVI SOFTECH shall
not be liable to you or any third-party for any termination
of your access to the services.
Your correspondence or business dealings
with, or participation in promotions of, advertisers or any
links found on or through the site, including payment and
delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser.
You agree that BHAVI SOFTECH shall not be responsible or liable
for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
advertisers on this site.
You agree to: (a) provide true, accurate,
current and complete information about yourself as prompted
by the registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current
or incomplete, or BHAVI SOFTECH has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, BHAVI SOFTECH has the right to suspend or terminate
your account and refuse any and all current or future use
of support and the services (or any portion thereof).
You will receive a password and account
designation upon completing the registration process. You
are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a)
immediately notify BHAVI SOFTECH of any unauthorized use of
your password or account or any other breach of security,
and (b) BHAVI SOFTECH cannot and will not be liable for any
loss or damage arising from your use of the services.
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