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Terms and Conditions
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This is an agreement between you or the entity that you represent (hereinafter “you” or “your”) and tekbos business solutions India private limited, India (hereinafter “tekbos”) governing your use of a genuine certificate suite of online certificate publication and verification service (hereafter “service”).
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Services
We provide an array of services for online certificate publication and verification, including profile creation, identification proof, certification upload, certificate background details, organization details, buying licenses, payment, Certificate, Card, verification details, email, message and dashboard ("Service" or "Services"). The person or organization who will verify the certificate or content over internet on payment basis or free is registered as a Verifier. You may use the Services for your certificate publication or for organization purpose that you represent. You may connect to the Services using any Internet browser or mobile interfaces supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Tekbos will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Tekbos notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) Provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Tekbos has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Tekbos may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators
When you sign up for an account for your organization, the registered account will be the administrator. The administrators will have the right to configure the Services based on requirements and manage end users in your organization account based on organization license plan. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed an administrator role in your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Tekbos is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to accounts@tekbos.com Provided that the process is acceptable to Tekbos. In the absence of any specified administrator account recovery process, Tekbos may provide control of an administrator account to an individual providing proof satisfactory to Tekbos demonstrating authorization to act on behalf of the organization. You agree not to hold Tekbos liable for the consequences of any action taken by Tekbos in good faith in this regard.
Privacy and Personal Information
The personal information you provide to Tekbos through the Service is governed by the Tekbos Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Tekbos Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to accounts@tekbos.com or by calling us on any of the numbers listed on http://www.tekbos.com/contact.aspx. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Confidential Information
You shall not disclose any Confidential Information to third parties without the prior written authorization of Tekbos. "Confidential Information" includes, but is not limited to, product schematics or drawings, screen shots, data structure, descriptive material, specifications, software specifications, sales and customer information, the Company's business policies or practices, information received from others. Tekbos is the absolute, unrestricted and exclusive owner of the Service, confidential or proprietary technical, financial, marketing, distribution, or other technical or business information or trade secrets of Tekbos.
Communications from Tekbos
The Service may include certain communications from Tekbos, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out of receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Complaints
If we receive a complaint from any person against you with respect to your activities and content as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Tekbos in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Tekbos to the complainant.
Fees and Payments
The Services are available under subscription plans of different number of credential upload facility and duration. The subscription plans may be specific to the country or organization or individuals, not interchangeable. Payments can be made using any one of the options available on the payment page of the Service. Payments can’t refund in any circumstances accept failure in our technical delivery. From time to time, we may change the price of any Service or charge for use of the Services. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan. Any documents or certificates uploaded using valid licenses has a validity of 10 years from the time of purchase of license. It can be renewed after 10 years optionally.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) Publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Tekbos; (vii) violates any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, fake details or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate user accounts that are not having any licenses or certificates for a period of 180 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to buy any licenses before termination.
Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Tekbos the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Tekbos’s commercial, marketing or any similar purpose. But you are granted Tekbos permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You may transmit or publish content created by you using our Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content submitted to the Service may be visible to the Verifiers in case verification process, you are responsible for the correctness of the content. Any content that you may receive from other users of the Services, is provided to you for your information and official use only and you agree not to use, copy, reproduce, distribute, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. Further, by making any content available in the manner aforementioned, you expressly agree that Tekbos will have the right to block access to you if Tekbos receives complaints concerning any illegality or infringement of individual rights in such content.
Trademark
Tekbos, Tekbos logo, GenuineCertificate™, CertificateCard™ logos and trademarks of TEKBOS Corporation. You agree not to display or use, in any unauthorized manner, the Tekbos trademarks, without Tekbos’s prior permission.
Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Tekbos expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Tekbos makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from tekbos, its employees or representatives shall create any warranty not expressly stated in the terms.
Disclaimer and Limitation of Liability
You agree that tekbos shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if taboos has been advised of the possibility of such damage. In no event shall tekbos’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
Indemnification
You agree to indemnify and hold harmless Tekbos, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Tekbos.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappeasable. The arbitration shall be conducted in Chennai and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Tekbos may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to accounts@tekbos.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms of Service. Termination of user account will include denial of access to all Services, deletion of information in your user account, such as your email address and password and deletion of all data in your user account.
End of terms of service
If you have any questions or concerns regarding this Agreement, please contact us at accounts@tekbos.com