Term Of Use
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the https://jupitice.com/adr-marketplace.php website.
Jupitice Justice Technologies Pvt. Ltd. (hereinafter referred to as "we", "us", "Jupitice" or "our" which expression shall mean and include its affiliates, successors and permitted assigns), Your ("your" or "Your") use of the Platform (defined below) is subject to the notices, terms and conditions set forth in these Terms of Use. The domain name "https://jupitice.com/adr-marketplace.php " (hereinafter collectively referred to as the "Platform") is owned by Jupitice. Your use of the Platform is governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. You acknowledge and agree that You shall be subject to the policies that are applicable to the Platform and by mere use of the Platform, You shall be contracting with Jupitice and these terms and conditions including the policies constitute Your binding obligations, with Jupitice.
By mere use of the Platform, You agree to be subject to the applicable rules, guidelines, policies, terms, and conditions and the same shall be deemed to be incorporated into this Terms of Use and be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. We will notify You of any material updates/changes from time to time. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
Accessing, Browsing or Otherwise using the platform indicates your acceptance of all the terms and conditions in these terms of use. You declare your willingness tp abide and be bound by these terms of use through your use of the platform. If uou do not agree with the terms of use, Please do not use the platform. These Terms of Use will be effective immediately upon Your acceptance of Our terms and conditions, Your use of Our Platform being indicative of such acceptance. These terms of Use shall be enforceable against You in the same manner as any other written agreement.
TABLE OF CONTENTS
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS AND WARRANTIES
- USER REGISTRATION
- PROHIBITED ACTIVITIES
- USER-GENERATED CONTRIBUTIONS
- CHAT
- CONTRIBUTION LICENSE
- GUIDELINES FOR REVIEWS
- SUBMISSIONS
- THIRD-PARTY AND CONTENT
- WEBSITE MANAGEMENT
- PRIVACY POLICY AND CONFIDENTIALITY
- ADDITIONAL / SPECIAL TERMS AND CONDITIONS
- LINKS TO / FROM OTHER PLATFORMS AND THIRD-PARTY TOOLS
- SECURITY
- MONITORING
- COPYRIGHT INFRINGEMENTS
- TERM AND TERMINATION
- INDEMNITY
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW AND DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- SYSTEM LIMITATIONS AND FAILURES
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- SEVERABILITY
- NO WAIVER
- GENERAL
- MISCELLANEOUS
- CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Jupitice ADR Private Limited & Jupitice Justice Technologies Private Limited ("Company", "we", "us", or "our"), concerning your access to and use of the https://jupitice.com/adr-marketplace.php website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). We are registered in India and have our registered office at Aeren Tower, Plot No. 14, Rajiv Gandhi Chandigarh Technology Park, Chandigarh, India, Chandigarh 160101. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms of use, Then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
2.1
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by prevalent copyright and trademark laws and various other intellectual property rights including unfair competition laws and the Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2.2
Any and all material on this site, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, design elements, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of the content uploaded on the Site. You agree that you and all parties having ownership of the content solely for Your personal use and You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and YOU shall not assist any other person in doing so.
2.3
Modification of the said materials or use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. Jupitice grants you a temporary, non-exclusive, revocable, non-transferable limited license to use the site for your use. All rights, titles and interests in and to the site (excluding content uploaded specifically by a user) are and will remain the exclusive property of Jupitice and/or licensors.
2.4
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
2.5
You agree that these Terms of Use do not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Platform (Updates). We may, however, occasionally provide automatic Updates to the Platform at its sole discretion (and without any advanced notification to You). Any such Updates shall become part of the services and subject to these Terms of Use.
2.6
From time to time, we test various aspects of our Platform, including our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
2.7
By submitting any content or material to the Platform including names, logos and/or any material that is protected through trademark, copyright, wordmark, etc. of yourself or your Enterprise or your Brand, you hereby grant Jupitice a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Platform and Jupitice's business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels, in the event it does so. Jupitice will seek to maintain the confidentiality of the content consistent with your account, classification, but once again cannot guarantee any such confidentiality. You also grant each user of the Platform a non-exclusive license to access your Content through the Platform and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Platform and under these Terms of Use.
2.8
Jupitice shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by you on the Platform.
3. USER REPRESENTATIONS AND WARRANTIES
By using the Site, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms of Use;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the website through automated or non-human means, whether through a bot, script, or otherwise;
- you will not use the website for any illegal or unauthorized purpose;
- your use of the website will not violate any applicable law or regulation;
- that you have the right, authority, and capacity to enter into this Terms of Use on your behalf and on behalf of any entity for whom you are acting and to abide by all of the terms and conditions contained herein, and that if any aspect of your participation violates provisions of the law to which you are subject, you will cease using the services and close your account.
- you must be at least 18 years of age and competent to execute and perform any agreement you enter into through our Platform.
- that you shall not use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason.
- that you shall not use a user ID name that is subject to any rights of a person other than yourself without appropriate authorization.
- that you shall comply with the terms and conditions stipulated in this Terms of Use.
- that you shall be solely responsible for maintaining the confidentiality of your password.
- that all the representations made by you to us including in accordance with these terms and conditions are true, correct and complete and that you will update your registration information with the Company as needed so that it remains true, correct and complete.
- that you will conduct yourself in a professional manner in all your interactions with any other user, Jupitice, their respective directors, employees and officers and shall not defame, harass, intimidate, threaten, disparage, libel or otherwise make a false statement concerning any of the aforesaid persons in the course of your interactions with them or third parties.
- that your usage of the Platform will not, in any manner, directly or indirectly, violate the terms of any contractual arrangement binding on you.
- that you shall cooperate in good faith with other users, Jupitice and its personnel, and their respective employees and officers to give effect to and honour the terms of any contract entered into between you and such persons, whether or not executed through the Platform.
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of a standard search engine or internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
- Modifying, publishing, storing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted material contained on the Platform, in whole or in part, without Our prior written consent.
- Subleasing, leasing, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting other rights in the Content and any material and documentation provided on the Platform by us to any third party.
- Providing use of the content in a computer service business, network, time sharing, interactive cable television, multiple CPU or multiple or concurrent user arrangement to users who are not individually licensed by Jupitice or otherwise exploiting any portion of, the use of access to the content of the materials or documentation provided on the Platform in contravention of these Terms of Use.
- Defame, libel, disparage, threaten, harass or intimidate anyone or otherwise violate the personal, privacy, contractual, intellectual property or other rights of any person, including by the use of offensive comments related to race, national origin, gender, sexual preference or physical handicap.
- Submit any content or material that falsely expresses or implies that such content or material is sponsored or endorsed by Jupitice.
- sell access to the Platform or any part thereof other than through a mechanism expressly approved by Jupitice.
- Jupitice may also place additional fair use restrictions including restrictions on concurrent connections and time of usage.
6. USER-GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or className of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
7. CHAT
7.1
Please use the chat features of the Platform responsibly. You shall not use the Platform to send unsolicited commercial messages ("spam") or unsolicited mass distribution of files. In order to enforce this provision, Jupitice may establish additional policies regarding the use of chat features, including, but not limited to, maximum retention times of messages, the maximum number of messages sent per day, or a maximum size of a message.
7.2
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., to collect or copy data from the Platform. You further agree that you shall access the Platform only via a web browser or a mobile user interface. Notwithstanding the foregoing, Jupitice grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Jupitice reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
8. CONTRIBUTION LICENSE
By posting your Contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or to incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the website. You are solely responsible for your Contributions to the website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, to:
- edit, redact, or otherwise change any Contributions;
- re-categorize any Contributions to place them in more appropriate locations on the website;
- pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
9. GUIDELINES FOR REVIEWS
We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have first-hand experience with the person/entity being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements; and
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. WEBSITE MANAGEMENT
We reserve the right, but not the obligation, to:
- monitor the website for violations of these Terms of Use;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- otherwise, manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
13. PRIVACY POLICY AND CONFIDENTIALITY
We care about data privacy and security. Please review our Privacy Policy: https://jupitice.com/privacv-policy. By using the website, you agree to be bound by our Privacy Policy which is incorporated into these Terms of Use. Please be advised the website is hosted in India. If you access the website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the website, you are transferring your data to India, and you agree to have your data transferred to and processed in India.
Please read Our privacy policy to understand Our information collection and usage practices. You may obtain certain confidential information, including without limitation, technical, contractual, product, pricing, business-related functions, activities and services, customer lists, knowledge of customer needs and preferences, business strategies, marketing strategies, methods of operation, markets and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You acknowledge and agree to hold all confidential information in strict confidence. Title and all interests to all confidential Information shall be vested in Us. Your obligations regarding Confidential Information will survive the termination of these Terms of Use in accordance with Paragraph 19 below. Upon such termination, You must stop forthwith using any confidential Information to which You may have been exposed in due course of Your use of the Platform.
You agree that Your obligations under this Paragraph 13 are necessary and reasonable in order to protect Our business and expressly agree that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, You agree and acknowledge that any such violation or threatened violation will cause irreparable harm and injury to Jupitice and that, in addition to any other remedies that may be available, in law, equity or otherwise, Jupitice shall be entitled to obtain injunctive relief against the threatened breach of the terms of this Paragraph or the continuation of any such breach.
The restrictions in this Paragraph 13 shall not apply to the disclosure of Confidential Information by either party if and to the extent the disclosure is:
- Required by the Applicable Law of any jurisdiction;
- required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law;
- made to employees and representatives on a need-to-know basis, provided that such persons are required to treat such information as confidential through a written agreement in terms which are no less strict than this Paragraph;
Provided that restriction in this Paragraph 13 shall not apply to disclosures of Confidential Information made by Jupitice to its shareholders, directors, managers, advisors, potential Patron Investors and/or Affiliates. Provided further that Jupitice may disclose the confidential Information to third party vendors and customers or pursuant to partnering arrangements without the restriction of this Paragraph 13 provided that such persons are required to treat such information as confidential through a written agreement in terms which are no less strict than this Paragraph.
14. ADDITIONAL / SPECIAL TERMS AND CONDITIONS
Jupitice may notify you or request you to accept additional or special terms and conditions in relation to your access of certain features or services on the Platform. You agree that you shall access or use such features and services only in accordance with such additional or special terms and conditions as if they were incorporated herein these Terms of Use.
15. LINKS TO / FROM OTHER PLATFORMS AND THIRD-PARTY TOOLS
15.1
The Platform may contain link(s) to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link(s) lead to websites which are not owned by or belong to Jupitice, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If you decide to access such linked websites, you do so at your own risk. We do not in any way endorse the linked websites.
15.2
Similarly, this Platform can be made accessible through a link created by other websites. Access to this Platform through such link(s) shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, or concepts of such other websites or their aim or purpose in establishing such link(s) to this Platform are necessarily the same or similar to the idea, concept, aim or purpose of Our Platform or that such links have been authorized by Us. We are not responsible for any representation(s) of such other websites while affording such link and no liability can arise upon Jupitice consequent to such representation, its correctness or accuracy. In the event that any link(s) afforded by any other website(s) derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Platform is brought to the notice or is within the knowledge of Jupitice, civil or criminal remedies as may be appropriate shall be invoked.
15.3
Certain Members can connect their account on the Platform to other platforms such as LinkedIn or any other third-party websites. This feature requires you to accept and comply with the terms of service and privacy policy of such third-party websites. If you choose to connect, you will be able to take advantage of various social features included as part of the Platform specifically for the features available on such third-party websites. In addition, Jupitice may personalize and otherwise enhance your experience based on the information obtained from or through such third-party websites. By connecting your Jupitice account to your LinkedIn account or any other third-party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to LinkedIn or any other third party (in accordance with your privacy settings on such third party and these Terms of Use). If you do not want information about you to be shared in this manner, do not use the connect feature of LinkedIn or any other third-party website. We disclaim all warranties in relation to and all liabilities arising from any use of your personal information by LinkedIn or any other third-party.
16. SECURITY
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation:
16.1
- accessing data not intended for you or logging into an account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- interfere with service to any user, host, or network;
16.2
You shall not misuse this Platform by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (together "Viruses"). You must not attempt to gain unauthorized access to our Platform, the server on which the Platform is stored or any server, computer or database connected to this Platform. You must not attack this Platform via a denial-of-service attack. Further, you shall not interfere with or circumvent any security feature of the Platform or any feature that restricts or enforces limitations on the use of or access to the Platform, such as probing or scanning the vulnerability of any system, network or breach.
16.3
By breaching the provisions of this Paragraph 16, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will cooperate with such authorities by disclosing your identity to them. In the event of such a breach, your rights to use this Platform will cease immediately.
16.4
We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Platform or your downloading of any material posted on it, or on any Platform linked to it.
16.5
You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data. You shall not interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Platform of other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as "spam" to other users, overloading, flooding or mail-bombing the Platform, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platform.
16.6
You are prohibited from reverse engineering, decompiling, reverse assembling, modifying or attempting to discover or copy any software, source code or structure that the Platform utilizes to generate web pages or any software or other products or processes accessible through the Platform.
16.7
All actions performed by any person using Your account and password shall be deemed to have been committed by You and You shall be liable for the same. Jupitice reserves the right to suspend/terminate Your account at any time if it is found that You have been sharing the password with any unauthorized user.
16.8
In order to reduce the risk of unauthorized access, all accounts maintained with Us through the Platform are locked after five (5) consecutive incorrect login attempts. In the event of such lockout, You can email the administrator at grievance@jupitice.com and the account shall be unlocked upon receipt of Your email. You can also request for a password reset on our Platform through the 'forgot password' option.
17. MONITORING
All electronic communications and content presented and/or passed to Us, including that presented and/or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Jupitice in the exercise of their duties, or by law enforcement authorities who may be assisting Jupitice in investigating possible contravention/non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, Jupitice has the right to reject, at its sole discretion, from the Platform any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Jupitice.
18. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
19. TERM AND TERMINATION
19.1
In the event it is determined by Us that you have violated any of these Terms of Use, we shall have the right, at Our sole discretion, to suspend your use of and prohibit access to any or all features/parts of the Platform forthwith. Any such suspension or termination of access to the Platform may be affected by Us without providing you with prior written notice in this regard. Upon such termination of access to the Platform, these Terms of Use, as applicable to you, will be deemed to have been terminated and no refund of any payments made by you shall be made by Jupitice.
19.2
You acknowledge and agree that, upon termination, you shall immediately destroy any copies made of any portion of the content contained on the Platform. You acknowledge and agree that Jupitice shall not be liable to you or any third party claiming through you, for any suspension or termination of access to Platform.
19.3
These Terms of Use shall stand terminated upon the closing of Your account on the Platform.
19.4
The rights and obligations of the Parties under these Terms of Use including but not limited to Paragraph 9 (Intellectual Property), Paragraph 13 (Privacy Policy and Confidentiality), Paragraph 20 (Indemnity), Paragraph 22 (Governing Law and Dispute Resolution), Paragraph 32.3 (Notice) and Paragraph 19.2 shall survive the termination of the Agreement.
19.5
Except as otherwise specifically provided herein, the termination of these Terms of Use for any reason whatsoever shall be without prejudice to the rights or obligations accrued to or in respect of the parties prior to the date of termination.
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. we may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
20. INDEMNITY
You agree to indemnify and hold Jupitice harmless from:
- any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of your use of the Platform, any violation of the terms of these Terms of Use or any other agreement executed with Jupitice or another user by you;
- any acts or deeds, including any non-compliance or violation, of any applicable law, rules, or regulations on your part;
- for fraud committed by you;
- or your infringement of the intellectual property or other rights of any person or entity;
- as a result of any threatening, libelous, obscene, harassing or offensive material posted/transmitted by you on the Platform.
Your obligations under this Paragraph 20 shall survive the termination of these Terms of Use in accordance with Paragraph 25.
21. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
22. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
23. DISCLAIMER
The website is provided on an as-is and as-available basis. you agree that your use of the website and our services will be at your sole risk. to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the website’s content or the content of any s linked to the website and we will assume no liability or responsibility for any
- Errors, Mistakes, or Inaccuracies of Content and Materials,
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website,
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
- Any interruption or cessation of transmission to or from the website,
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or
- Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked, or any mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
24. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
24.1
Jupitice does not endorse or act on behalf of any third party. In the event you engage the services of/to interact with any third party, through the Platform, Jupitice will not be liable to you for any act or omission by such third party in relation thereto.
24.2
We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content and features available on the Platform, including but not limited to warranties as to the merchantability or use for a particular purpose whether or not Jupitice has reason to know or has been advised of any such purpose, OR warranties as to any results to be obtained from any use of the Jupitice content or information derived from the use of the Platform.
24.3
Jupitice shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise, incurred in connection with the Jupitice's content on the Platform, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance upon the Jupitice content.
24.4
The Platform, all the materials and services, included on or otherwise made available to You through this Platform is provided by Jupitice on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Jupitice does not warrant that:
- The Platform will be constantly available, or available at all;
- The information on the Platform or provided through the Website is complete, true, accurate or not misleading;
- The quality of any products, services, information, or other material that you obtain through the Platform will meet your expectations.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss from other damages arising from your use of the site.
25. SYSTEM LIMITATIONS AND FAILURES
We use internally developed systems for providing you access to and facilitating your use of the Platform. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, we continually enhance and improve these systems in order to accommodate the level of use of the Platform. We may also add additional features and functionality to the Platform that might result in the need to develop or license additional technologies. Increased utilization of the Platform or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to you or to any third party claiming through you, for any such failures contemplated herein.
26. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- your Contributions
- use of the Site
- breach of these Terms of Use
- any breach of your representations and warranties set forth in these Terms of Use
- your violation of the rights of a third party, including but not limited to intellectual property rights
- any overt harmful act toward any other user of the Site with whom you connected via the Site
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
27. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of Electronic Signatures, Contracts, Orders, and Other Records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
29. SEVERABILITY
If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
30. NO WAIVER
The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
31. GENERAL
31.1
These Terms of Use comprise the full and complete agreement between You and Jupitice with respect to the use of the Platform and supersedes and cancels all prior communications, understandings and agreements, between You and Jupitice, whether written or oral, expressed or implied with respect thereto.
31.2
Jupitice shall be entitled to assign their rights and obligations hereunder to any Affiliate, third party or as part of any restructuring, business combination, merger or acquisition.
31.3
Any notice to be given in connection with these Terms of Use shall be delivered via email to Jupitice at grievance@jupitice.com or to you at the email address provided by you in Your profile. You consent to the use of electronic communications in order to the electronic delivery of notices in relation to any matter under these Terms of Use.
32. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
33. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Jupitice Justice Technologies Private Limited
Aeren Tower, Plot No. 14, Rajiv Gandhi Chandigarh Technology Park, Chandigarh, India
Chandigarh 160101 India
Phone: +91-9875-910-096
grievance@jupitice.com