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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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