INTRODUCTION
The website terms of use (herein after called “terms of use”) is an electronic record in the form of an electronic contract formed under The Information Technology Act, 2000 and rules made as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For the purpose of these terms of use, wherever the context so requires “you” or “user” shall mean any natural or legal person who has agreed to browse, use, access, or register on the website by providing registration. The term “we” , “us” , “our” shall mean Fruxient Analytics and its partners and/or owners.
Please read these terms of use carefully before using or registering on the website or accessing any material, information or services through the website. If you do not agree with these terms of use, please do not use and/or access the website.
When you use and/or access any of the services provided by us through the website, you will be subject to the rules, guidelines, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this terms of use and shall 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. Your continued use and/or access of the website 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 website.
Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding. By impliedly or expressly accepting these terms of use, you also accept and agree to be bound by our policies (including the privacy policy) as amended from time to time.
(1) SHARING AND DISCLOSURE OF YOUR INFORMATION
You hereby agree and permit that we may share, disclose or part with all or any of your information, within and outside of india to our various entities and to third party service providers, banks and financial institutions for one or more of the purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the information to ensure the same level of data protection that is adhered to by us under applicable law. However, we shall place contractual obligations on the transferee which will oblige the them to adhere to the provisions of this policy
We may share statistical data, analysis, and other details (other than your personal information) without your express or implied consent to our affiliates, partners, agents, third party service providers, banks & financial institutions, from time to time. We may transfer, disclose, or share information (other than your personal information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, or conducting academic research and surveys. However, we shall place contractual obligations on the transferee which will oblige the them to adhere to the provisions of this policy.
We may also share personal information if we believe it is required in order to investigate, prevent, or take action regarding illegal activities, criminal activities, and violations of various terms and conditions or our policies.
We reserve the right to disclose your information when required to do so by law or regulation, or court order/decree or under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
(2) USE AND/OR ACCESS OF THE WEBSITE
You agree, undertake and confirm that your use and/or access of website shall be strictly governed by the following binding principles:
(A) You shall not host, display, upload, modify, publish, transmit, or share any information which:
(i) belongs to another person and to which you do not have any right to;
(ii) is offensive to the online community, or is sexually explicit content, or content that promotes obscenity, racism, hatred or physical harm of any kind against any group or individual;
(iii) is grossly harmful, harassing, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racist, relating or encouraging money laundering or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing to any person of any age or sex.
(iv) shall not be false, inaccurate or misleading;
(v) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or criminal
(vi) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, trademarks, rights of privacy)
(vii) promotes an illegal or unauthorized copy of another person’s copyrighted material, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, terrorism, criminal activities, or providing or creating computer viruses/trojan horses,etc
(ix) tries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(x) contains restricted or password-only access pages, or hidden pages or images
(xi) interferes with another user’s use and access of the website
(xii) violates any law or orders/judgements/decrees of any judicial/quasi-judicial body for the time being in force;
(xiii) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(xiv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, any system, data or personal information;
(xv) threatens the unity, integrity, security or sovereignty of India, or threatens public order or causes incitement of any illegal/unlawful activities.
(B) You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
(C) You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means
(D) While using and/or accession the website, you shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations, court orders/decrees and international laws, rules and regulations.
(E) It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website.
(F) You agree that we may, in our sole discretion and without prior notice, terminate your access to the website and block your future access to the website if we determine that you have violated the terms of these terms of use or any other agreement. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the website and services.
(G) Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement is prevented, restricted, or delayed with by reason of labor disputes, strikes, acts of God, floods or tsunamis, earthquakes, war or civil war, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation of any government or any judicial authority which are beyond our reasonable control or our third parties, then we shall be excused from such performance to the extent of and during the period of such Force Majeure Event.
(3) PRIVACY
We view protection of your privacy as very important. We store and process your information, if any, on computers that may be protected by physical as well as reasonable technological security measures and. Our current privacy policy is available at privacy. If you object to your information being transferred or used in this way please do not use and/or access this website.
We may disclose your personal information to third parties. This disclosure may be required for us to provide you access to our services, to comply with our legal obligations, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may have to disclose personal information if required to do so by law or when it is reasonably necessary to respond to court summons, court orders, or other legal suits/court cases. We may disclose personal information to law enforcement offices, government agencies, judicial or quasi-judicial bodies when required by law.
(4) TRADEMARKS, LOGOS, WORDMARKS OF THIRD PARTIES
The trademarks, logos, and wordmarks displayed on the website are either our property or respective third parties. You are not permitted to use them without our prior consent or the respective third party that may own them.
(5) LIMITATION OF LIABILITY
(A) In no event shall we be liable for any incidental, indirect or consequential damages of any kind in connection with these terms of use.
(B) You expressly understand and agree that we will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Though we have made efforts to ensure that all the information on the website is correct, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data, information, product or service.
(C) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(6) ASSIGNMENT
You cannot assign or otherwise transfer the agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. However, our rights and/or obligations under the agreement are freely assignable or otherwise transferable by us to any third parties without the requirement of seeking your prior consent.
(7) GRIEVANCE OFFICER
Our Grievance Officer for the purposes of this Agreement shall be Mr. Gaurav Chopra with email address: gaurav@fruxientanalytics.com. However, we may change the aforesaid details from time to time and the same shall be updated in the Terms of Use.
(8) APPLICABLE LAW & JURISDICTION
Terms of use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Kolkata