Technohead Visitor Agreement
Welcome to this website, a service of Technohead Security IT & Telecom Projects LLP and
its subsidiaries (together known as "Technohead"). Please read these Terms of Service
(these “Terms”) and our Visitor Agreement before you use this website. By using this
website, you agree to these Terms.
These Terms apply to the website at technohead.in and to other the Technohead or
Technohead-branded websites that link to these Terms, including www.technohead.in
. The terms that apply to Technohead's security services are available at:
www.technohead.in
Note:
These Terms contain a binding arbitration provision that affects your rights under
these Terms and are located below under the heading “Binding Arbitration.” YOU MAY
ELECT TO OPT OUT OF ARBITRATION IN ACCORDANCE WITH THE TERMS OF THE BINDING
ARBITRATION PROVISION BELOW.
Privacy
Technohead respects the privacy of the users of this website. To understand how
Technohead collects and uses information from this website, review the
Technohead Website Privacy Policy located at: www.technohead.in
Content Appearing on This Website
You may access content and information on this website, such as text, video,
audio, multimedia, and photographs (the "Content"). This Content may be
owned by Technohead, by other companies that give Technohead the right to
distribute their Content (like movie studios), or by other users of this
website. Technohead grants you a limited, non-exclusive, and non-assignable
license to view the Content and to use this website for personal,
non-commercial purposes as set forth in these Terms. Except for the limited
licenses expressly granted to you in these Terms, Technohead and its
licensors expressly reserve all other rights and licenses.
This website is for informational purposes only, and we make no
representations with respect to any Content. This website may not be updated
regularly, so some information may not be current. We may post follow-up
information to original Content such as blog posts and news stories, and may
provide access to original Content in an archive. However, we may not go
back and change original Content to reflect new developments. Therefore,
before you act on any information you find on this website, you should
independently confirm any facts important to your decision.
User-Submitted Content, Feedback, and Suggestions
It is Technohead's practice not to receive or consider any user-submitted
content, feedback, suggestions, ideas, or other submissions. Technohead
does not promise to keep anything you submit confidential, nor does
Technohead promise to use your suggestion or idea, and Technohead will
not compensate you if it does use your suggestion or idea. The terms of
Technohead’s policies on feedback, suggestions, and submissions are
available at technohead.in
Links to Third Party Sites
This website may include links to third-party sites not controlled,
owned, or operated by Technohead. Technohead is not responsible for
the content of any non-Technohead sites that you may navigate to
through links that appear on this website. Technohead also does not
guarantee the performance of any products and services provided by
the owners or operators of sites that link to this website. A link
to another website does not constitute Technohead’s endorsement of
that site, nor of any product, service, or other material offered on
that site.
You may establish hypertext links to this site so long as the links
do not state or imply any affiliation, connection, sponsorship, or
approval of you, your enterprise, or your site by Technohead. We do
not permit framing or inline linking to our website or any portion
of it.
Ordering Products and Services
You may be able to order certain Technohead products and services
through this website. All orders you make through this website are
subject to the availability, terms, and other conditions that apply
to the particular products and services at the time you place your
order. All products and services, their contents, availability, and
pricing are subject to change at any time with or without notice.
Please fully read the terms and disclaimers accompanying any
products or services that you order through this website.
Copyright Infringement
Technohead is committed to complying with India’s copyright and
related laws, and requires all users of this website to comply with
these laws. Accordingly, you may not use this website to store any
material or content, or disseminate any material or content, in any
manner that constitutes an infringement of third party intellectual
property rights, including rights granted by Indian copyright law.
Copyright owners who believe that their rights under India’s
copyright law have been infringed on this website may take advantage
of certain provisions of the Copyright Act of 1914 to report alleged
infringements. More information on Technohead’s Policy and how to
report alleged infringement to Technohead is available in the
Copyright section of the page at www.Technohead.in.
Trademarks
We do not want anyone to be confused as to which materials and
services are provided by Technohead and which are not. The
Technohead trademarks displayed on this website, such as Technohead,
the Technohead logo and design, Technohead , the Technohead logo and
design, are registered trademarks and/or service marks of Technohead
or their subsidiaries. Other trademarks appearing on this website or
other Technohead sites linked to from this website are the property
of Technohead or their respective owners.
Termination
Technohead reserves the right at any time to terminate your use of
this website if you fail to comply with these Terms, or any other
terms, agreements, or policies that apply to this website.
Technohead also reserves the right to discontinue this website at
any time for any reason.
Exclusion of Warranties
BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE
THROUGH THIS WEBSITE AND THE UNCERTAINTIES OF ELECTRONIC
DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS,
INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY
ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT
YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED
TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." Technohead
AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
INFORMATION AVAILABLE THROUGH THIS WEBSITE. Technohead AND ITS
AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE WEBSITE WILL
CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER
HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION
OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND
LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.
Limitation of Liability
- FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION,
“Technohead” REFERS TO NOT ONLY Technohead, BUT ALSO ITS
PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND
ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS.
- YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST Technohead MORE
THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES
RISE TO THE CLAIM.
- EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT SHALL
Technohead BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR
DISRUPTION TO THIS WEBSITE. IN NO EVENT SHALL Technohead BE
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED
TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES),
REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH
DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER Technohead
WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL Technohead’S AGGREGATE LIABILITY ARISING OUT OF OR
RELATING TO THESE TERMS EXCEED THE GREATER OF: 1 OR THREE (3)
TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO Technohead
PURSUANT TO THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE
EVENT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE
FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL
NOT APPLY TO INJURIES: TO THE BODY OR PERSON; OR CAUSED BY
Technohead’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT
ACTS OR OMISSIONS
Indemnification
You agree to indemnify, defend, and hold harmless Technohead
(including its parents, subsidiaries, and affiliates and all of
their respective officers, directors, employees, agents, licensors,
suppliers and any third-party information providers) against all
claims, losses, expenses, damages and costs (including reasonable
attorney fees) resulting from any breach of these Terms.
Notwithstanding the foregoing, Technohead will not seek
indemnification from you for any losses, expenses, claims, damages
and costs, including reasonable attorneys’ fees, resulting from its
own conduct. Technohead reserves the right, at its election, to
assume the exclusive defense and control of any matter subject to
indemnification by you and you agree to cooperate with Technohead in
connection with our defense.
Binding Arbitration
- Purpose. For users of this website, any Dispute (as defined
below in these Terms) involving you and Technohead shall be
resolved through individual arbitration. In arbitration, there
is no judge or jury and there is less discovery and appellate
review than in court. This Binding Arbitration provision shall
be broadly interpreted.
- Definitions. The term "Dispute" means any and all claims or
controversies related to this website, including but not limited
to any and all: (1) claims for relief and theories of liability,
whether based in contract, tort, fraud, negligence, statute,
regulation, ordinance, or otherwise; (2) claims that arose
before these Terms or any prior agreement; (3) claims that arise
after the expiration or termination of these Terms; and (4)
claims that are currently the subject of purported class action
litigation in which you are not a member of a certified class.
As used in this Binding Arbitration provision, "Technohead"
means Technohead and any of its predecessors, successors,
assigns, parents, subsidiaries and affiliated companies and each
of their respective officers, directors, employees and agents,
and “you” means you and any users or beneficiaries of your
access to this website.
NOTWITHSTANDING THE FOREGOING, DISPUTES RELATING TO THE SCOPE,
VALIDITY, OR ENFORCEABILITY OF THIS BINDING ARBITRATION
PROVISION WILL NOT BE SUBJECT TO ARBITRATION.
- Right to Sue in Small Claims Court. Notwithstanding anything in
this Binding Arbitration provision to the contrary, either you
or Technohead may elect to bring an individual action in small
claims court if the claim is not aggregated with the claim of
any other person and if the amount in controversy is properly
within the jurisdiction of the small claims court.
- Waiver of Class Actions and Collective Relief. THERE SHALL BE NO
RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED
ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES
INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY
ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY
GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR
MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY
NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS
PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF
IS AN ESSENTIAL PART OF THIS BINDING ARBITRATION PROVISION AND
CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS
BINDING ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS
BINDING ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A
COURT OF COMPETENT JURISDICTION.
Miscellaneous
To obtain access to certain services on our website, you may be
required to register. As part of any such registration process, you
may be required to select a user name and a password. You agree that
the information you supply during that registration process will be
accurate and complete and that you will not register under the name
of, nor attempt to enter the service under the name of, another
person. Technohead reserves the right to reject or terminate any
user name that, in its judgment, it deems offensive. You will be
responsible for preserving the confidentiality of your password and
will notify us of any known or suspected unauthorized use of your
account.
The Terms constitute the entire legal agreement between you and
Technohead and govern your use of this website, and completely
replace any prior agreements between you and Technohead in relation
to this website.
Upon termination of these Terms for any reason, Technohead and its
suppliers reserve the right to delete all your data, files,
electronic messages, or other information that is stored on
Technohead's or its suppliers' servers or systems. Technohead shall
have no responsibility whatsoever for the loss of any such data.
You agree that Technohead may provide you with notices, including
those regarding changes to the Terms, by email, regular mail, or
postings on this website.
You agree that if Technohead does not exercise or enforce any
contractual or legal right or remedy to which it is entitled, this
will not be taken to be a formal waiver of Technohead's rights and
that those rights or remedies will still be available to Technohead.
You acknowledge and agree that each member of the group of companies
of which Technohead Corporation is the parent shall be third-party
beneficiaries to the Terms and that these other companies shall be
entitled to directly enforce, and rely upon, any provision of the
Terms which confers a benefit on (or rights in favor of) them. Other
than this, no other person or entity shall be third-party
beneficiaries to the Terms.
The Terms, and your relationship with Technohead under the Terms,
shall be governed by the Indian Law, without regard to its conflict
of laws provisions. By using this website, you consent to the
exclusive jurisdiction and venue of the state courts in India, in
all disputes arising out of or relating to the Terms or this website
that are not subject to the Binding Arbitration provision above.
At certain places on this website there may be additional or other
terms and policies that apply to your use of this website and the
services on it. By using the website or those services, you agree to
abide by those terms and policies. We may change those terms and
policies from time to time. By continuing to use the website after
we post any changes, you accept and agree to those terms and
policies, as modified.
By using this website, you agree to abide by these Terms. We may
change these Terms from time to time. By continuing to use the
website after we post any changes, you accept and agree to these
Terms as modified.