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Terms & Conditions
Terms & Conditions
The website and applications operated and Services (defined below) (“hereinafter referred to as the “Company” and defined below) are governed by these Terms of Use (hereinafter referred to as “Terms”). These Terms also establish the rights and duties of a User (defined below). These Terms are electronic documents and do not require any signatures (physical or digital) and by clicking on the acceptance button or by selecting the relevant checkbox, you shall be bound by these Terms. By using the website and/or application, the User signifies that they have read, understood and agreed to be bound by these Terms. The Company reserves the right to change these Terms at any time without notice. The User’s continued use of the website and/or application shall be construed as their acceptance of the revised Terms. The Company and the User shall hereinafter be individually referred to as “Party” and collectively referred to as “Parties”.
DEFINITIONS
Applicable Laws: shall mean and include all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders, requirement or other governmental restrictions or any similar form of a decision of, or determination by, or any interpretation, policy or administration of, any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question in India.
Charge(s): shall mean the fees to be paid by the User including any refundable Security Deposit (defined herein below) towards availing the Services, as may be determined by the Company in its sole discretion, and the prices may vary from time to time.
Company: shall mean Cube Hughways Trust Pvt. Ltd. a company incorporated in India and having its registered office at World Trade Tower (WTT), Unit No.1901, 19th Floor, Tower B, NOIDA-201301 (UP) INDIA
Confidential Information: shall mean and include all written, verbal, electronic, and/ or tangible information related to the Company’s business or affairs which is by its nature confidential, whether or not designated as confidential by the Company, communicated or made available in whatever form and medium to the Users for the purpose of or in connection with these Terms, including provisions of these Terms.
INTERPRETATIONS
The words “include”, “including”, “inter alia” and “in particular” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words.
The terms ‘hereof’, ’herein’, ’hereby’, ’hereto’ and derivative or similar words, unless followed by a reference to a specific provision of these Terms refer to these Terms in their entirety.
The headings given hereunder in these Terms are for convenience and do not affect the interpretation of these Terms.
Unless the contrary is expressly stated, no clause in these Terms limits the extent or application of another clause.
TERMS OF USE
General Terms: The Company shall permit the User to view the website in accordance with the present Terms and conditions herein. These Terms shall come into force upon access of the website and/or application
INTELLECTUAL PROPERTY RIGHTS
The User hereby acknowledges that the Company shall own all the Intellectual Property rights subsisting or used in connection with the Company, its website, application and/or Services, including but not limited to any patents, trademarks, logos, domain names or copyright as well as any derivative works (hereinafter referred to as “Intellectual Property”).
The User hereby understands that third-party trademarks may appear on the website and/or application and all rights therein are reserved to the respective owners of such trademarks.
The User hereby agrees to not post, publish, copy, replicate or reproduce any content, material, name including the logo and/or any Intellectual Property of the Company through paper or in any electronic form.
The User herein shall not apply and/or contest the ownership of such Intellectual Property owned by the Company. Nothing contained in these Terms shall be construed to affect a transfer, license or assignment of the aforementioned Intellectual Properties or rights contained therein from one Party to the other.
The User hereby understands that the Company has merely granted permission to access and use the website and/or application and such right does not amount to a right or entitlement over any Intellectual Property rights.
The User hereby agrees not to market, sell, replicate, reverse engineer, decompile or attempt to do any of the aforementioned acts to any of the Intellectual Property of the Company. The User also understands that they are prohibited from accessing, searching or downloading the third-party content on the website and/or application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third party web browsers.
The User hereby understands and accepts that any breach of the terms contained in this clause shall be considered as a material breach of these Terms and the Company shall have the right to terminate this engagement with immediate effect or seek such other legal remedies available under the law.
The User’s obligations detailed under this clause shall survive the termination of their engagement with the Company.
RESTRICTIONS
The User hereby understands and agrees to comply with the following restrictions on use of the website, application and/or Services of the Company:
The User shall refrain from using this website and/or application in any way that impacts User access to the website and/or application.
The User shall refrain from using the Website and/or application in contrary to Applicable Laws and regulations, or in a way that causes, or may cause, harm to the website and/or application, or to any person or business entity;
The User shall refrain from engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the website and/or application, or while using the website and/or application;
The User shall refrain from using the website and/or application to engage in any advertising or marketing;
The User shall not stimulate or attempt to stimulate or duplicate any of the appearance, features or functionality of the website and/or application.
The User shall refrain from impersonating any other person/entity.
The User shall refrain from using any of the Company's information or content for the benefit of any competing business.
The User shall refrain from altering or attempting to alter the features, functions or functionality of the website and/or application in any manner.
The User shall refrain from altering, reverse engineering, decompiling or otherwise disseminate any of the software forming a part of the website and/or application.
The User shall refrain from selling, sublicensing and/or otherwise commercializing any material hosted on the website and/or application of the Company.
The User shall refrain from publicly performing and/or showing any material hosted on the website and/or application of the Company;
The User shall refrain from using the website and/or application in any way that is, or may be, damaging to such website, application and/or the good repute of the Company and its affiliates;
The User shall not alter or attempt to alter or remove any of the proprietary markings or content from the website and/or application including but not limited to any Marks, information, other proprietary marks, Intellectual Property rights or any content present on the website and/or application.
The User hereby understands that certain areas of the website and/or application are restricted from access to the User by the Company. The Company reserves the sole right and discretion to further restrict access to the User and the User hereby agrees to not access or attempt to access such restricted sections of the website and/or application.
In the event the Company discovers that the User has undertaken or attempted to undertake any of the actions under this clause, the Company shall be entitled to terminate any ongoing relationship with the User and reserves the right to undertake appropriate legal action against the User.
PRIVACY POLICY
The User hereby understands that in the pursuit of providing its Services to its best possible ability, the Company stores and utilizes certain information of the User.
In light of the same, the User is required to read and understand the privacy policy before accessing the website and/or application to understand the data practices including without limitation, collection, recording, storing, disclosing and purging of your data by the Company for the purpose of rendering the Services.
Kindly find linked our privacy policy and cookie policyfor your convenience. The User hereby understands that by accepting these Terms, it shall deem automatic acceptance and agreement to the privacy and cookie policies by the User.
THIRD PARTY SERVICES
The User hereby understands that the website and/or application of the Company, from time to time, may contain some links to third party websites and/or services that are not owned or controlled by the Company. Notwithstanding anything contained hereinabove, the User specifically agrees that they shall be bound by the terms and conditions and privacy policy of such third-parties and the Company shall in no manner whatsoever be held liable for these policies or any loss that you may incur as a result of such policies implemented by such third-parties.