This an agreement between you or your business (hereinafter "You") and Hitech Digital World (P) Limited (hereinafter "HITECH") governing your use of our website and software services that HITECH offers (hereinafter "Hitech Services").
We provide online services, software products and a set of supplementary services like sms packs, email delivery and cloud storage on 'AS IS WHERE IS' basis. You may use the Hitech Services for your personal and business use or for internal business purpose in the business unit that you represent. You may connect to the Hitech Services using any internet browser or operating system supported by the Hitech Services. Access to the internet, operating system and any other equipment or software needed to use the Hitech Services is your responsibility.
We may modify the Terms upon notice to you at any time. You will be notified of any such modification by email or by publishing the changes on the website. You may terminate your use of the Hitech Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Hitech Services. Your continued use of a Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
User Sign up Obligations
You need to sign up for a user account in order to access or use the Hitech Services. If you represent an organization and wish to use the Hitech Services, we recommend that you use your corporate email address. You agree to: a) provide true, accurate and current information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate and current. If you provide any information that is untrue, inaccurate or outdated, or if HITECH has reasonable grounds to suspect that such information is untrue, inaccurate or outdated, HITECH can terminate your user account without further notice and refuse current or future use of the Hitech Services.
Intellectual Property Ownership
HITECH alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the HITECH Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the HITECH Technology or the Intellectual Property Rights owned by HITECH. The HITECH name, the HITECH logo, and the product names associated with the Service are trademarks of HITECH or third parties, and no right or license is granted to use them.
Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. All payment obligations are noncancelable and all amounts paid are non-refundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide HITECH with valid credit as a condition to signing up for the Service. An authorized License Administrator may add licenses using the Online Order Center. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee. HITECH reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 14 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
The Hitech Services may include certain communications from us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Hitech Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Hitech Services; (ii) provide any service based on the Hitech Services without prior written permission; (iii) use the Hitech Services for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Hitech Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Hitech Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Disclaimer of Warranties
You understand and agree that the use of the Hitech services is at your sole risk. HITECH expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantibility and fitness for a particular purpose. HITECH makes no warranty that the Services will be uninterrupted, timely, secure or virus free. Use of any material downloaded or obtained through the use of the Hitech Services shall be at your own risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the Hitech Services or the download of any such material.
HITECH services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. HITECH is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
You agree that HITECH shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use any of the Hitech Services, even if HITECH has been adviced of the possibility of such damage. Your sole and exclusive remedy for any dispute with HITECH related to any of the Services shall be termination of such Service. In no event shall HITECH's entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms. Termination of user account will include denial of access to all Hitech Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
Modification of Terms
HITECH reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Last Updated On : 1st May, 2020
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to [email protected]