Terms & Conditions
This software and services agreement (the “agreement”) is an agreement between you and certus technologies pvt. Ltd. (“certus”) regarding your use of ekavach software and services (the “software and services”). The terms of this agreement also apply to any updates, supplements, internet-based services, and support services for the software provided by certus, unless other terms accompany those items. If so, those terms apply.
Read the terms and conditions of this agreement carefully before using the software and services and the website. This is a legal and enforceable agreement between you and certus. By clicking the “i agree” or “yes” button or using the service or installing the software, you agree to the terms and conditions of this agreement. If you do not accept any of these terms and conditions, please do not install or use the software and services and delete the software and all of its related files from your device. You include the term user.
You represent and warrant that You are a natural person and over the age of 18 years and are lawfully able to accept these Terms and Conditions, that Your access to or use of the Services does not violate applicable laws, and that You agree with all the terms and conditions of this Agreement.
We may revise and update these Terms and Conditions at anytime and without notice. Your continued access or use of these Services after any such changes are posted will constitute Your acceptance of these changes and You would be bound by the amended Terms and Conditions.
- SOFTWARE, SERVICES, INSTALLATION, AND USE
- The Software is a digital parenting application used as a service to increase parental awareness about children’s activity on Internet and social media. The software is a mobile application to be installed on Your mobile phone, tablets, laptops, computer and other mobile computing device (a “Device”) that helps to connect the Parent Device with the minor Child Device (“Associated Device”) and provide parental control and supervision over areas such as Internet, social media, phone call logs, messages, analytic etc.
- By accepting this Agreement, You agree to only install this Software on a Device(s) legally owned by You. You further agree that the Software shall be strictly installed on Your Child’s Device and You shall not use this Software and Services to track any other Device apart from Your Child’s Device. You also agree to inform Your Child who uses the Device with the Software installed of the presence of the Software.
- User authorizes Certus to access and retrieve all the information relating to the Associated Device(s) and perform all the necessary activities relating to the performance of the Software and Services.
- Limitations of the Services
- There are some limitations to the Services, including without limitation:
- Software and Services are made to help You monitor Your children’s Internet and online activities and identify potentially risky or troubling trends or behavior based on patterns in Your children’s Internet and online usage
- It is User’s responsibility to ensure that all Internet, mobile, and online devices and accounts used by Your children are set up as Associated Devices.
- In addition to this the Services are not, and should not be presumed to be an alternative for:
- Active involvement by You in Your children’s online and offline lives and activities/li>
- And also oversight and supervision of Your children and of their Internet, mobile phone, and online device usage.
- Certus does not do the following via the use of the Software and Services
- Guarantee the safety of Your children
- Certus cannot assure You that by using the Software and Services Your children will be protected from online threats and other hazards.
- Certus might not have
- Access to all accounts and devices used by Your children (and Your children also may use accounts and devices of friends or acquaintances to mask or hide certain activities and communications) and therefore have no way to assure You that all of their Internet, mobile, and online, activities are being monitored, even if You believe that they are
- Sufficient data may not be available based on Your children’s usage of Internet, mobile, and online devices and communications
- Your children may have only limited Internet, mobile or online contact with potential bullies or online hazards and may encounter or deal with them in offline or unmonitored electronic environments that the Services of Certus not capable of monitoring
- Due to these limitations, we encourage You (beyond using our Services) to:
- Proactively engage with Your children on a regular basis and stay informed about both their online and offline activities.
- Set and adhere to policies and boundaries for their use of Internet, mobile, and online devices
- Listen to Your instincts and actively evaluate any warning signs You see, whether flagged by the Services or observed by You through direct interaction with Your children or other means.
- USE OF THE SOFTWARE AND SERVICES
- This Software and Certus Content are intended for registered Users of the Services. You may not use this Software or the Certus Content for any purpose not related to the Software and Services. You are specifically prohibited from:
(a) downloading, copying, or re-transmitting any or all of the Certus’s Content without, or in violation of, a written license or agreement with Certus;
(b) using any data mining, robots, deep link or similar data gathering or extraction methods;
(c) manipulating or otherwise displaying the Certus Content by using framing, linking, meta-tag or similar navigational technology;
(d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party to the Software and Services, if You are not expressly authorized by such party to do so;
(e) using the Software and Services other than for its intended purpose;
(f) use or attempt to use any tool, engine, software, or other device or mechanism to navigate or search the Services, other than the search engines and search agents available through the Services and other available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, or any other).
- Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, publicity and privacy laws, moral rights, and applicable communications regulations and statutes.
- You represent and warrant that You will comply with all applicable laws and regulations, including without limitation, those relating to the Internet, data, email, copyright, trademark, patent, privacy, and the transmission of technical data exported from India or the country in which You reside. You further warrant that You will not interfere with the security of, or otherwise abuse this Software and Services or any system resources or networks connected to or accessible through this Software and Services and the Website. You are allowed to use this Software and Services only for lawful purposes and activities.
- It is further stated that the User shall be subject to the usage of the Software and Services in accordance with the license Agreements entered between Certus and their respective license partners.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
- In consideration of Your use of the Software and Services, You agree to: (a) provide correct, accurate, current and complete information about You as may be prompted by any registration forms on any medium, including the Website (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information You provide to Certus, to keep it accurate, current and complete; (c) maintain the security and confidentiality of Your password, account and identification; (d) notify Certus immediately of any unauthorized use of Your account or other breach of security and any change or loss of any Device; (e) accept all responsibility for any and all activities from Your account, including Associated Devices; (f) ensure that You exit from Your account and the Website after closure of each session and (g) accept all risks of unauthorized access to the Registration Data and any information You provide to Certus and access via the Software and Services. Certus cannot and will not be liable for any loss or damage arising from failure of the User of to comply with this Section.
- If the User provides any information that is inaccurate, untrue, incomplete or not current, or Certus has reasonable grounds to suspect that such information is not correct, Certus has the right to suspend or terminate the account of the User and refuse any and all current or future use of the Software and Services.
- Certus has the right to refuse to establish an account or to close any existing account for fraud, installing the Software on any Device not authorized by the User, copyright infringement, violation of a third party’s rights, artificially inflating downloads, submission of obscene or violent material or that might be construed as defamatory or for any breach of the terms of this Agreement or any other Agreement that the User has with Certus. If Your account is terminated for any reason, You must obtain written authorization from Certus prior to establishing another account. If You attempt to establish another account without obtaining such authorization, Certus would permanently ban You from using its Software and Services. You are not allowed to have more than one active account at any time without the written consent of Certus in each instance.
- USER CONDUCT
- The User of the Software and Services understands that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (the “User Material”), whether publicly posted or privately transmitted and accessed via the Software and Services are the sole responsibility of the person from which such Material originated. This means that the User of the Software, and not Certus, is entirely responsible for all the User Material that the User upload, post, email, transmit or otherwise make available and access via the Software and Services. Certus does not control the User Material posted or accessed via the Software and Services and, as such, does not guarantee the accuracy, integrity or quality of such Material. The User understands that by using the Software and Services, the User may be exposed to Material that is offensive, indecent or objectionable. Under no circumstances will Certus be liable in any way for any User Material, including, but not limited to, any errors or omissions in any User Material, or for any loss or damage of any kind incurred as a result of the use of any User Material posted, emailed, transmitted or otherwise made available via the Software and Services.
- The User of the Software agrees to not use the Software and Services to:
- Install the Software and use the Services to monitor any other Device except for their own Child’s Device. The Software and Services are strictly designed to monitor and track minor children’s phone activity, social media and other data as defined in the Website. The Software is not allowed to be used for any illegal purposes and not to track any other person’s activities except for User’s own Child.
- upload, post, email, transmit or otherwise make available any Material that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Certus official, , guide or host, or falsely state or otherwise misrepresent the affiliation of the User with a person or entity;
- forge headers or otherwise manipulates identifiers in order to disguise the origin of any Material transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Material that infringes any trademark, copyright, patent, trade secret or other proprietary rights (“Rights”) of any party;
- upload, email, post, transmit or otherwise make available any Material that the user do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information, learned or disclosed as part of employment relationships or under non-disclosure agreements);
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster that other Users are able to type, or otherwise act in a manner that negatively affects that Users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Software and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Software;
- intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including but not limited to, regulations promulgated by any National, State, Provincial or other Securities Commission or authority, any rules of any national or other security exchange and any regulations having the force of law;
- stalk or otherwise harass another; or
- collect or store personal data about other users
- Certus makes no effort to review the Associated Devices for any purpose and to determine the User’s ownership of the Associated Devices. Certus does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Associated Device activity, User data, communications or personalization settings.
- Certus does not guarantee that activities conducted on the Associated Devices will be recorded by the Software and Services and Certus does not guarantee that notifications shall be triggered by certain activities on the Associated Devices.
- The User of the Software acknowledges that Certus does not pre-screen Material, but that Certus and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Material that is available via the Software and Services. Without limiting the foregoing, Certus and its designees shall have the right to remove any Material that violates the Terms and Conditions or is otherwise objectionable. The User of the Software agrees that it must evaluate, and bear all risks associated with, the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material. In this regard, the User of the Software acknowledges that User of the Software may not rely on any Material created by Certus or accessed via the Software and Services, including without limitation information in Website Message Boards and in all other parts of the Website.
- The User of the Software acknowledges and agrees that Certus may preserve Material and may also disclose Material, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Material violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Certus, its users and the public.
- You agree not to use the Services on a Device that has been changed through the use of software and hardware exploits with the goal of overcoming limitations that carriers and hardware manufacturers put on some devices, resulting in the ability to alter or replace system applications and settings, run specialized apps that require administrator-level permissions, or perform other operations that are otherwise inaccessible to a normal user.
- SCOPE OF LICENSE
The Software is licensed by Certus and not sold. Certus shall retain all right, title and interest in the Software and Services, including without limitation all intellectual property rights embodied therein. You do not acquire any rights, express or implied, in the Software and Services, other than those specified in this Agreement. Certus hereby grants You a non-exclusive, non-transferable license to use the Software solely for Your use, solely in accordance with the terms and conditions of this Agreement. You may not distribute, sub-license, rent or lease the Software or use the Software except as provided under this Agreement. You agree not to cause or permit the reverse engineering, disassembly, decompilation or other attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in, or (ii) to derive the source code of the underlying ideas, algorithms, structure or organization from the Software and Services.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
This Software is maintained and operated by Certus from its offices within the province of India. The User agrees to comply with all local rules regarding online conduct and acceptable Material and Content. Specifically, the User agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which the User resides. Certus makes no representation that the information or other Material accessed through this Software and Services is appropriate or available for use in other locations.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Certus does not claim ownership of Material the User submits or makes available for inclusion on the Service. However, with respect to Material the User submits or makes available for inclusion on publicly accessible areas of the Software and Services and the Website, the User grants Certus worldwide, royalty free and non-exclusive license(s), as applicable.
- USE AND STORAGE OF DATA
- The User acknowledges that Certus may establish general practices and limits concerning use of the Software and Services, including without limitation the maximum number of days the collected data from the Associated Device or other uploaded Material will be retained by Certus, the maximum disk space that will be allotted on Certus’s servers on behalf of the User, and the maximum number of times (and the maximum duration for which) the User may access the Services in a given period of time.
- The User agrees that Certus has no responsibility or liability for the deletion or failure to store any collected data and other communications or other material maintained or transmitted by the Software and Services.
- The User acknowledges that Certus reserves the right to log off accounts that are inactive for an extended period of time.
- The User further acknowledges that Certus reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- MOBILE ALERTS FOR YOUR DEVICES
- Certus will provide Associated Device related notifications and alerts to You. Certus will deliver these alerts to email or mobile phone or other method of using the Services that You select.
- Account Activity alerts may be changed and customized, deactivated or reactivated by You. Certus may add various alerts from time to time, or will discontinue to provide certain alerts at any time in its sole discretion. Each alert may have different options available, and You may be asked to select from among these options upon activation of Your alerts service.
- All the Account-related alerts may be sent to the User after having certain changes made to Your Certus account, such as a change in Your account information. Certus may also send You alerts regarding promotions, third party offers and other information based on Your preferences and the operation of the Services.
- Electronic alerts may be sent to the email address provided by You, mobile phone number or other contact information You have provided for the Services. If Your contact information changes, You are responsible for informing us of that change. Changes to Your contact information will apply to all of Your alerts.
- Because alerts are not encrypted, we will not include Your password. Alerts may include Your login ID and some information about Your accounts and associated account too. Anyone with access to Your email will be able to view the content of these alerts and it is absolutely Your responsibility to maintain the privacy of this information.
- Payments will be billed to You in Indian Rupees and Your account will be debited when You subscribe to the Service and provide Your payment information, regardless of whether Associated Devices are connected to the Service or how frequently You utilize the Service, unless stated otherwise in the payment terms on the website for the Services
- If Your payment and registration information is not correct and complete and You do not tell us with information changes, we may suspend or terminate Your account and refuse any use of the Services
- You have to disburse the payment by any of the following means:
(a) A valid credit or debit card acceptable to Certus
(b) Sufficient funds in Your account to cover an electronic debit of the payment due
(c) By any other payment option made available by Certus. Additional cancellation or renewal terms may be provided to You on the website for the Services.
You acknowledge to give Certus a worldwide, fully transferable, non- revocable, fully paid-up, royalty free license to use the feedback You provide to Certus in all possible way. Without limiting and foregoing, You agree that Certus may use Your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials.
- INTELLECTUAL PROPERTY RIGHTS
- Certus is the sole owner of all the Content and rights to the Software and Services and the Website. All Content of the Software and Services and the Website, including without limitation to design, layout, images, text, graphics, audio and video clips, trade-dress, trademarks, patents, illustrations, software, data compilations (“Certus Content”) are the property of Certus and are protected by all the applicable laws, including without limitation to copyright, trademark, trade-names, patents, Internet domain names, data protection, IT Act, privacy and publicity rights and other similar rights and statutes. Use of any Certus Content without the express written permission and license to use is strictly prohibited. All title, ownership and intellectual property rights in the Software and the Website and its Content shall always remain with Certus, its affiliates and assigns and does not pass on to the User or any third party.
Certus is the exclusive owner and holder of Certus Trademarks, www.Yourekavach.com, Certus, eKavach or any other Certus’s trade names, trademarks, logos or service marks and any other slogan or design contained in the Website and otherwise used in trade (“Certus Marks”). Certus Marks shall remain the sole property of Certus, its affiliates and subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Certus. The User is not allowed to use, register, or assist others in using or registering any trademarks, trade names, logos, Internet domain names, or any mark or name confusingly similar to Certus Marks or belonging to Certus without Certus’s prior written consent. The User will not now or in the future consent the validity of Certus Marks nor will oppose or assist others in opposing registration of any of the Certus Marks. User is not allowed to use any Certus Marks in connection with any of their Works. All goodwill accruing to the Certus Marks shall belong to Certus solely. User agrees not to use Certus Marks in any manner that might tarnish, disparage, or reflect adversely on such trademarks or Certus. User agrees not to use any Certus Marks or any variant thereof, including mis-spellings as a domain name or as part of a domain name regardless of the top-level domain, or as a meta-tag, hidden text, keyword, or any other type of programming code or data. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the trademark, service mark and trade-dress of Certus and may not be copied, imitated or used, in whole or in part, without Certus’s prior written permission. All other trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Certus.
- Certus owns all copyrights and other rights in all Software, Certus Content and other Content displayed on the Website. No ownership in any Content shall pass to anyone accessing this Software and the Website and using the Content. User shall not remove any copyright or other proprietary rights notice contained in the Certus Content, any related promotional materials provided on the Website. Certus prohibits any material that infringes on any copyright, trademark, patent, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded on the Website.
- Certus respects the intellectual property rights of others, and we expect our User(s) to do the same. Certus is not an expert in Your intellectual property rights, and we cannot verify that the Users and contributors to the Website have rights to the Material posted by them. If You believe that any material on the Website infringes upon any copyright that You own or control, You may file a notification of such infringement with our legal department as set forth below:
Certus Technologies Pvt. Ltd.
B-5/60, Safdarjung Enclave,
New Delhi-110029, India
Certus may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user’s email address and may also remove the infringing Material uploaded by the User. In the event, Certus does not remove the said Material; Certus is not endorsing display of any such Material.
- CONFIDENTIAL INFORMATION
The User acknowledges that during this Agreement they shall obtain certain Confidential Information through installation and use of the Software and entering into the Website. The Confidential Information shall include without limitation to technology, products, trades secrets, processes, programs, technical know-how, customers, distributors, costs, pricing, data, business operations and other business information. All Confidential Information owned by Certus or any subsidiary and disclosed to any other party shall remain solely the property of Certus and its confidentiality shall be maintained and protected by the User with the same degree of care used to protect its own proprietary information of a similar nature. The User agrees that it would refrain from reproducing or sharing any Confidential Information rendered by Certus with any third party.
- Certus makes no claim or representation regarding and accepts no responsibility, directly or indirectly for the quality, concept, nature or reliability of third-party websites accessible by hyperlink from the Website and the Software, or other Internet sites linking to Certus’s Software and the Website. Such Internet sites are not under the control of Certus and Certus is not responsible for the contents of any linked Internet site(s) or any link contained in a link site, or any review, changes or updates to such site(s). Certus provides these links to You only as convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Certus of any site or any information contained therein. When the User leaves the Services of the Software and the Website, User should be aware that Certus’s terms and conditions no longer govern. User should review the terms and conditions, including privacy and data gathering policies, of any sites to which User navigate through Certus’s Website.
- User’s participation, correspondence or business dealing with any third party found on or through the Software and the Website, regarding the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such third party, and the User agrees that Certus shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
- LIMITATION OF LIABILITY AND DISCLAIMER
- This Software and Services and the Website and Certus Content are provided “AS IS” and Certus and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Certus will not be liable for any damages of any kind arising from the use of this Software and Services and the Website or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this Software and the Website are not warranted to be uninterrupted or without error. User, not Certus, assume the entire cost of all necessary servicing, repair or correction due to its use of the Software and the Website or the Certus Content. Certus makes no warranty that the Website or the Content is free from infection by viruses or anything else that has contaminating or destructive properties.
- Certus used reasonable efforts to ensure the accuracy, correctness and reliability of the information and Content, but Certus makes no warranties or representations as to the Content accessed via the Software and Services and posted by the User(s) as to its accuracy, correctness, reliability and any other irregularity.
- In no event shall Certus, its affiliates, subsidiaries and their respective directors, employees, officers, members or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, without limitation to negligence) or otherwise, arising out of or in any way connected with the use of the Website, the services, Certus Content or the Content and Materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by User on any information obtained from Certus, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, theft, communication failure, destruction or unauthorized access to Certus’s records, programs or services. In no event shall the aggregate liability of Certus, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation the User pay, if any, to Certus for access to or use of the Software for a period of 12 months.
- Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to the User to the extent they are prohibited or superseded by state or national provisions.
- REPRESENTATIONS AND WARRANTIES
- The User hereby represents and warrants as follows:
- The User has the legal capacity and authority to enter into this Agreement, is the sole and exclusive owner of all the Devices, including the Associated Devices. User further warrants that they shall not install the Software on any other Device other than the Associated Devices.
- The User acknowledges that Certus prohibits any content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity or any other applicable law or proprietary right to be uploaded on the Website and via the Software. By uploading any content, the User warrants that they own all proprietary rights, including copyright, in and to the content with full power to grant the rights contemplated in this Agreement.
- The User agree to indemnify and hold Certus, its affiliates, subsidiaries and their respective directors, employees, officers and agents harmless from and against any and all claims, liability, losses, costs, expenses (including reasonable attorney’s fees and permitted and authorized costs) incurred by Certus as a result of or in connection with: (i) any use or alleged use of the Software and Services and the Website or provision of content under Your Member Name by any person, whether or not authorized and permitted by You; (ii) resulting from any communication made or content uploaded or accessed via the Software under Your Member Name; (iii) any breach by You of this Agreement; (iv) any claim threatened or asserted against Certus to the extent such claim is based upon a contention that any of the content used within the scope of this Agreement infringes any copyright, trade secrets, trademarks, right of privacy or publicity or other intellectual property rights of any third party or (v) claim by any third party that the User has installed the Software and Services on their Device in an unauthorized manner and without their permission.
- Certus reserves the right, at Your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and in such case, You agree to cooperate with Certus’s defense of such claim.
- Such indemnification is in addition to Certus’s right to terminate the Agreement for a breach of the representations and warranties and is not a waiver or limitation of Certus’s other rights or remedies.
- GOVERNING LAW AND JURISDICTION
- Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter “Disputes”) shall be resolved amicably in the first instance. The Parties agree to meet to resolve such Disputes in good faith. Should such a solution is not reached within 30 days from the date of commencement of the Dispute, or such longer period of time as may be mutually agreed by the Parties in writing, such Dispute shall be referred to arbitration and shall be finally resolved through arbitration conducted by a tribunal of three arbitrators, with the right of each Party to appoint an arbitrator, who in turn will appoint a presiding arbitrator. The presiding arbitrator shall pass a speaking award. Any order/directions/award of the majority of the tribunal shall be final and binding on both the Parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act, 1996 and Rules there under as at present in force. The seat of arbitration shall be Delhi, India. The arbitration shall be administered in accordance with its practice, rules and regulations.
- If the award passed in the arbitration proceeding is not acceptable to any Party, then the said Party is free to approach the appropriate court of law as agreed herein below. This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws, principles or rules. The courts at Delhi, India shall have the exclusive jurisdiction.
- This Agreement will become effective upon the date that User acquires the Software and shall remain in full force and effect for one (1) year unless terminated earlier as provided for herein. Thereafter this Agreement shall automatically be renewed for succeeding one (1) year periods, unless either party gives the other sixty (60) days written notification of non-renewal prior to the end of the then current term or unless terminated earlier as provided for herein.
- Notwithstanding any of the terms and conditions, Certus reserves the right, without notice in its sole discretion, to terminate the account of the User and or block User’s use of the Software and the Website. In the event the User breaches any terms and conditions of this Agreement, Certus shall terminate the Agreement and subscription to the Service with immediate effect. Upon termination, the User must destroy and cease to use the Software and Services and all Material and Content obtained from the Software and the Website, copies and related documentation thereof with immediate effect.
- User may cancel subscription of the Services anytime, provided that Certus shall not refund any pre-paid fee upon such cancellation. Prior to each anniversary of renewal of license by the User, Certus will automatically charge User’s payment information on file, unless the User has already renewed for that subscription period.
- REMEDY FOR BREACH
The User agree that any breach of this Agreement by them or their representatives would cause Certus irreparable harm, injury, loss and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies Certus may have at law or in equity, Certus shall be entitled to injunctive and other equitable relief in the event of any such breach of this Agreement by the User or their representatives.
If one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
No action of Certus, other than express written waiver, may be construed as a waiver of any provisions of this Agreement. A delay on the part of Certus to exercise any its right and remedies will not operate as a waiver of such rights and remedies, and a single or partial exercise by Certus of any such rights or remedies will not preclude Certus from further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. Any rights not expressly granted herein are reserved.
- Certus reserves the right to change any terms and conditions contained in this Agreement or any policy or guideline of the Software and Services and the Website, at any time and its sole discretion. User’s continued use of the Software and Services and the Website following the posting of such changes will constitute User’s acceptance of such changes.