TERMS AND CONDITIONS
1. Introduction
Welcome to NOTEC NEXUS PRIVATE LIMITED (“Company”, “we”, “our”,
“us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our
website located at notecnexus.blogspot.com (together or individually
“Service”) operated by NOTEC NEXUS PRIVATE LIMITED.
Our Privacy Policy also governs your use of our Service and explains how we
collect, safeguard and disclose information that results from your use of our
web pages.
Your agreement with us includes these Terms and our Privacy Policy
(“Agreements”). You acknowledge that you have read and understood Agreements,
and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may
not use the Service, but please let us know by emailing at care@notecnexus.in
so we can try to find a solution. These Terms apply to all visitors, users and
others who wish to access or use Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or
promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the
unsubscribe link or by emailing at care@notecnexus.in.
3. Purchases
If you wish to purchase any product or service made available through
Service (“Purchase”), you may be asked to supply certain information relevant
to your Purchase including but not limited to, your credit or debit card
number, the expiration date of your card, your billing address, and your
shipping information.
You represent and warrant that: (i) you have the legal right to use any
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”)
made available through Service may be governed by rules that are separate from
these Terms of Service. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and
periodic basis ("Billing Cycle"). Billing cycles will be set
depending on the type of subscription plan you select when purchasing a
Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or NOTEC NEXUS PRIVATE
LIMITED cancels it. You may cancel your Subscription renewal either through
your online account management page or by contacting care@notecnexus.in
customer support team.
A valid payment method is required to process the payment for your
subscription. You shall provide NOTEC NEXUS PRIVATE LIMITED with accurate and
complete billing information that may include but not limited to full name,
address, state, postal or zip code, telephone number, and a valid payment
method information. By submitting such payment information, you automatically
authorize NOTEC NEXUS PRIVATE LIMITED to charge all Subscription fees incurred
through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, NOTEC NEXUS PRIVATE
LIMITED reserves the right to terminate your access to the Service with
immediate effect.
6. Free Trial
NOTEC NEXUS PRIVATE LIMITED may, at its sole discretion, offer a
Subscription with a free trial for a limited period of time ("Free
Trial").
You may be required to enter your billing information in order to sign up
for Free Trial.
If you do enter your billing information when signing up for Free Trial, you
will not be charged by NOTEC NEXUS PRIVATE LIMITED until Free Trial has
expired. On the last day of Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and without notice, NOTEC NEXUS PRIVATE LIMITED reserves the
right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such
Free Trial offer.
7. Fee Changes
NOTEC NEXUS PRIVATE LIMITED, in its sole discretion and at any time, may
modify Subscription fees for the Subscriptions. Any Subscription fee change
will become effective at the end of the then-current Billing Cycle.
NOTEC NEXUS PRIVATE LIMITED will provide you with a reasonable prior notice
of any change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
8. Refunds
We issue refunds for Contracts within 30 days of the original
purchase of the Contract.
9. Content
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for Content that you post on or through
Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that:
(i) Content is yours (you own it) and/or you have the right to use it and the
right to grant us the rights and license as provided in these Terms, and (ii)
that the posting of your Content on or through Service does not violate the
privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity. We reserve the right to terminate the account
of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or
display on or through Service and you are responsible for protecting those
rights. We take no responsibility and assume no liability for Content you or
any third party posts on or through Service. However, by posting Content using
Service you grant us the right and license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content on and through
Service. You agree that this license includes the right for us to make your
Content available to other users of Service, who may also use your Content
subject to these Terms.
NOTEC NEXUS PRIVATE LIMITED has the right but not the obligation to monitor
and edit all Content provided by users.
In addition, Content found on or through this Service are the property of
NOTEC NEXUS PRIVATE LIMITED or used with permission. You may not distribute,
modify, transmit, reuse, download, repost, copy, or use said Content, whether
in whole or in part, for commercial purposes or for personal gain, without
express advance written permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms.
You agree not to use Service:
0.1. In any way that violates any applicable national or international law
or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or
harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail”, “chain letter,” “spam,” or any other
similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee,
another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is
illegal, threatening, fraudulent, or harmful, or in connection with any
unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use
or enjoyment of Service, or which, as determined by us, may harm or offend
Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or
impair Service or interfere with any other party’s use of Service, including
their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to
access Service for any purpose, including monitoring or copying any of the
material on Service.
0.3. Use any manual process to monitor or copy any of the material on
Service or for any other unauthorized purpose without our prior written
consent.
0.4. Use any device, software, or routine that interferes with the proper
working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other
material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of Service, the server on which Service is stored, or any
server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service
attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
11. Analytics
We may use third-party Service Providers to monitor and analyze the use of
our Service.
12. No Use By Minors
Service is intended only for access and use by individuals at least eighteen
(18) years old. By accessing or using Service, you warrant and represent that
you are at least eighteen (18) years of age and with the full authority, right,
and capacity to enter into this agreement and abide by all of the terms and
conditions of Terms. If you are not at least eighteen (18) years old, you are
prohibited from both the access and usage of Service.
13. Accounts
When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
You may not use as a username the name of another person or entity or that
is not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive, vulgar
or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
14. Intellectual Property
Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of NOTEC
NEXUS PRIVATE LIMITED and its licensors. Service is protected by copyright,
trademark, and other laws of and foreign countries. Our trademarks may not be
used in connection with any product or service without the prior written
consent of NOTEC NEXUS PRIVATE LIMITED.
15. Copyright Policy
We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on Service infringes on the copyright
or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you
believe that the copyrighted work has been copied in a way that constitutes
copyright infringement, please submit your claim via email to
care@notecnexus.in, with the subject line: “Copyright Infringement” and include
in your claim a detailed description of the alleged Infringement as detailed
below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’
fees) for misrepresentation or bad-faith claims on the infringement of any
Content found on and/or through Service on your copyright.
16. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright
Act (DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where
the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at care@notecnexus.in.
17. Error Reporting and Feedback
You may provide us either directly at care@notecnexus.in or via third party
sites and tools with information and feedback concerning errors, suggestions
for improvements, ideas, problems, complaints, and other matters related to our
Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain,
acquire or assert any intellectual property right or other right, title or
interest in or to the Feedback; (ii) Company may have development ideas similar
to the Feedback; (iii) Feedback does not contain confidential information or
proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality with respect to the Feedback. In the
event the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable,
irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to
use (including copy, modify, create derivative works, publish, distribute and
commercialize) Feedback in any manner and for any purpose.
18. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are
not owned or controlled by NOTEC NEXUS PRIVATE LIMITED.
NOTEC NEXUS PRIVATE LIMITED has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE,
DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED
BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR
SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF
ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
19. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE”
BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR
MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE
SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR
SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR
WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
20. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL
RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON
APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED),
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION
ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT
AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES,
OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE
PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
21. Termination
We may terminate or suspend your account and bar access to Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of Terms.
If you wish to terminate your account, you may simply discontinue using
Service.
All provisions of Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of
India, which governing law applies to agreement without regard to its conflict
of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held to
be invalid or unenforceable by a court, the remaining provisions of these Terms
will remain in effect. These Terms constitute the entire agreement between us
regarding our Service and supersede and replace any prior agreements we might
have had between us regarding Service.
23. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or
material we provide via Service, in our sole discretion without notice. We will
not be liable if for any reason all or any part of Service is unavailable at
any time or for any period. From time to time, we may restrict access to some
parts of Service, or the entire Service, to users, including registered users.
24. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It
is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms
means that you accept and agree to the changes. You are expected to check this
page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use Service.
25. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be
deemed a further or continuing waiver of such term or condition or a waiver of
any other term or condition, and any failure of Company to assert a right or
provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of Terms will continue in full force and effect.
26. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please send your feedback, comments, requests for technical support by
email: care@notecnexus.in.
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