This Terms and Conditions (“Terms and Conditions”) is an electronic record that is binding between the user of this website (“You/Yours”) and M/s PEC Attestation and Apostille Services India Private Limited (“Company”).
In this Terms and Conditions the following terms shall have the following meanings
Persons under the age of 18 (Eighteen) should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
3.1 All Content including copyright/ trademark/ Geographical Indication/ Designs/ Patents of the Company included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software other than for Your own personal information is the property of the Company. Bycontinuing to use this Website you acknowledge that such material is protected by applicable laws.
3.2 You shall not reproduce, copy, distribute, store or in any other manner re-use material from the Website unless otherwise indicated on the Website.
Company does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any service). Please note that any information, materials, suggestions, ideas or comments sent to the Company will be deemed non-confidential. By submitting any such information, you are granting Company an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, the Company may not use Your name in connection with any such materials, information, suggestions, and ideas or comments unless the Company first obtain Your permission or otherwise are required by law to do so.
You hereby also agree and confirm:
4.1 To provide true, accurate, current and complete information about yourself as prompted by Company Registration Form or Guest details Form (such information being the “Registration Data”);
4.2 To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, incomplete, or not current or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the Terms and Conditions, Company has the right to indefinitely suspend or terminate Your membership and refuse to provide You with access to the Website.
4.3 That You will use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
4.4 You will provide authentic and true information in all instances where such information is requested from you. The Company reserves the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar you from using the Services of the Company and or other affiliated websites without prior intimation whatsoever.
This Website may contain links to other websites. Unless expressly stated, these websites are not under the control of the Company or its affiliates. The Company assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another Website on this Website does not imply any endorsement of the Websites themselves or f those in control of them.
6.1 When using any system on the Website You should do so in accordance with the following rules. Failure to comply with these rules may result in Your Account being suspended or closed.
6.1.1 You must not use obscene or vulgar language;
6.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
6.1.3 You must not submit Content that is intended to promote or incite violence;
6.1.4 The means by which You identify yourself must not violate these Terms and Conditions or any applicable laws;
6.1.5 You must not impersonate other people, particularly employees and representatives of the Company and/or its affiliates; and
6.1.6 You must not use the Company system for unauthorised mass-communication such as "spam" or "junk mail".
6.2 You acknowledge that the Company reserves the right to monitor any and all communications made to the Company or using the Company System.
6.3 You acknowledge that the Company may retain copies of any and all communications made to the Company or using the Company System.
6.4 You acknowledge that any information You send to the Company through the Company System may be modified by the Company in any way and You hereby waive Your moral right to be identified as the author of such information. Any restrictions You may wish to place upon the Company use of such information must be communicated to the Company in advance and the Company reserve the right to reject such terms and associated information.
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under this Terms and Conditions or arising out of Your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms and Conditions.
8.1 Either the Company or You may terminate Your Account. If the Company terminate your Account, You will be notified by email and an explanation for the termination will be provided. Notwithstanding, the foregoing, the Company reserve the right to terminate without giving reasons whatsoever.
8.2 If the Company terminates Your Account, any payments on Your Account due shall be paid to You immediately and provision of Services shall be stopped.
9.1 Whilst every effort has been made to ensure that all general descriptions of Services available from the Company correspond to the actual Services that will be provided to You, the Company is not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on Your individual requirements and circumstances. This does not exclude Companies liability for mistakes due to negligence on the Companies part and refers only to variations of the correct Services, not different Services altogether.
9.2 Where appropriate, You may be required to select the required package of Services.
The Services can be cancelled by You or the Company, view cancellation & refund policy in detail.
12.1 All personal information that the Company may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the applicable laws;
12.2 The Company shall use Your personal information to:
12.2.1 Provide the Company Services to you
12.2.2 Process Your payment for the Services; and
12.3 The Company shall not pass on Your personal information to any other third parties.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. THE COMPANY AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINEDON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. T HE COMPANY AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE AND NON INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL T HE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF T HE COMPANY AND/OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
The Company reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time You use the Website following the changes. If t he Company is required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any services currently pending in the future.
15.1 The Website is provided "as is" and on an "as available" basis. The Company gives no warranty that the Website or Facilities will be free of defects and/ or faults. To the maximum extent permitted by law, the Company provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
15.2 The Company accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16.1 To the maximum extent permitted by law, the Company accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
16.2 Nothing in these Terms and Conditions excludes or restricts the Company’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
16.3 In the event that any of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that term and/or condition is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term and/or condition shall apply only within jurisdictions where a particular term and/or condition are illegal.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The arrangement created by these Terms and Conditions is between You and the Company.
All the communications to be served on t he Company as contemplated by this Terms and Conditions shall be deemed to have been duly served if sent to at the respective address specified below:-
M/s PEC Attestation and Apostille Services India Pvt. Ltd.
Address33/15, Prashant Building,Opposite Garware College, Karve Road, Pune- 411004, Maharashtra
No forbearance, indulgence or relaxation by any Party to require performance of this Terms and Conditions shall in any way affect or prejudice the right of such Party to require performance of the same and any waiver by any Party of any breach of this Terms and Conditions shall not be construed as a waiver or acquiescence of any continuing or succeeding breach, a waiver of any right under or arising out of this Terms and Conditions.
Neither these Terms and Conditions nor any rights hereunder may be assigned by either you or the Company without the prior written consent of the other Party.
That the rights and obligations of the parties under or arising out of this Terms and Conditions shall be construed and enforced in accordance with the applicable laws of India for the time being in force. The Courts at Pune shall have alone andexclusive jurisdiction over any dispute arising out of or touching upon or in relation to these terms and conditions.