Evalueserve is an English limited liability company and is registered for VAT with VAT number 981423611.
2. Eligibility to use the Website
- You warrant and represent that you are accessing the Website for business purposes and that you are not acting as a consumer (i.e. accessing the Website for your own personal use rather than in connection with Your own business or on behalf of Your employer). If You are a consumer, You must stop accessing and using the Website.
3. User Account, Password, and Security
- Evalueserve may make certain materials available to You through the Website only if You have provided Evalueserve with such User information as may be requested by Evalueserve on the Website and created an account (“Account“) utilizing an Evalueserve ID and password or any other valid email ID (collectively, the “Account Information“). The Website invites You to register as a User by creating an Account on the Website as a condition of providing you with access to such materials. You are responsible for maintaining the confidentiality of your Account information and are fully responsible for all activities that occur under Your Account.
- You shall:
Provide such Account Information as may be required by Evalueserve as set out on the Website and shall provide such Account Information, and update and maintain such Account Information, to ensure that it remains true, accurate, current and complete;
- Immediately notify Evalueserve of any unauthorized use of Your Account and/or Account Information or any other breach of security.
- Evalueserve may suspend (temporarily or indefinitely) or terminate or block access to the Website and/or Your Account at any time.
- The Website is a platform that facilitates the provision of materials such as case studies, white papers, articles, press releases, videos, ebooks, product sheets, product demos, and infographics (“Materials”) to You.
- Provide copies of, distribute, or otherwise make available any part of the Materials to any third party;
- Sell, or charge any third party to receive any Materials;
- Use the Materials, or any part of them, for the purposes of providing knowledge process outsourcing services, or any other services which are similar to or which compete with the goods and services provided by Evalueserve or any member of its group of companies;
- Use the Materials, or any part of them, for the purposes of providing a service bureau, including, without limitation, providing third-party hosting, application integration, application service provider-type services, or for any similar services; or
- Evalueserve may terminate, for any reason, Your right to exercise the Licensed Rights, immediately on notice and without any liability to You.
5. Your Obligations
- You shall not:
- Upload to the Website any content or files that: (a) contain viruses, corrupted files, or any other similar software or programs or material; (b) may damage the operation of the Website or another’s computer; (c) belong to another person and to which You do not have any right to; (d) is harassing, defamatory, libelous, obscene, pornographic, invasive of another’s privacy; (e) infringes any patent, trademark, copyright or other proprietary rights; (f) are deceiving or misleading; or (g) are otherwise unlawful in any respect;
- Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Evalueserve server;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users of the Website;
- Violate any applicable laws or regulations for the time being in force;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
6. Intellectual Property Rights
- You may not delete or in any manner alter or remove any text, copyright, trademark, and other proprietary rights or in any Materials supplied to You. You agree to abide by all access and use restrictions contained in any Materials or content made available to You.
- The trademarks, trade names, designs, logos and service marks displayed on the Website or incorporated in any Materials (“Marks”) are the property of Evalueserve. You are not permitted to use the Marks without the prior written consent of Evalueserve. You shall not refer to or attribute any information to Evalueserve in any public medium or otherwise imply any endorsement by, or relationship with, Evalueserve.
7. Third Party Content
The Website may provide links to third party websites, and some of the content appearing on the Website may be sourced from external sources (“Third Party Content“). The provision of Third Party Content to You is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources in relation to which Evalueserve has no control. Evalueserve does not provide any warranties to You with respect to any the Third Party Content and, subject to Section 9, Evalueserve shall not be liable for any loss suffered by You in connection with Your reliance on or use of such Third Party Content.
- Evalueserve may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if:
- If Evalueserve is unable to verify or authenticate any information You provide; or
- If Evalueserve determines that Your actions may cause legal liability for You, other users or Evalueserve;
(hereinafter the “Breach”).
- You acknowledge that on termination of Your Account for any reason Evalueserve may: (i) remove or limit Your access to the Website; and (ii) delete Your Account and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof).
- Subject to Section 9 below, Evalueserve shall not be liable to You or any third party for any termination of Your Account, Your access to the Website or the deletion of any Your Account Information or any other data or information relating to Your Account including, without limitation, pursuant to Section 8(b) above.
9. Disclaimer Of Warranties & Limitation of Liability
- THE WEBSITE AND ALL MATERIALS ARE PROVIDED BY EVALUESERVE WITH REASONABLE SKILL AND CARE BUT ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
- WITHOUT LIMITING THE GENERALILITY OF SECTION 9(b) ABOVE, EVALUESERVE MAKES NO WARRANTY THAT (I) THE WEBSITE OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE WEBSITE, OR ACCESS TO THE MATERIALS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (II) THE QUALITY OF THE WEBSITE OR THE MATERIALS WILL MEET YOUR EXPECTATIONS.
- SUBJECT TO SECTION 9(a) ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVALUESERVE SHALL NOT BE LIABLE FOR:
- ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION;
- ANY INTERRUPTION OR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OR FOR ANY OTHER REASON;
- ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER-VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THERE FROM; OR
- ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.
- Each of parties acknowledges that the exclusions and limitations on Evalueserve’s liability set out in this Section 9 above are distinct and separate provisions. If any provision or part-provision of this Section 9 is or becomes invalid, illegal or unenforceable, the provisions of Section 13.c) shall apply.
13. General Provisions
14. Governing Law