1. ACCEPTANCE OF TERMS
By using the Services of PMAM CRM (Customer Relationship Management) you agree to these Terms and Service (TOS). You may not use the Services, or accept the General Terms of Service if (i) you are not of legal age to form a binding contract with PMAM, or (ii) you are prohibited by law from receiving or using the Services.
PMAM may change the Terms from time to time at its sole discretion, for access to or use of CRM Service. If such changes are made, PMAM will make a new copy of the TOS available at the website, with any new Terms made available to you from within or through the affected Service. Your continued use of the CRM services shall constitute your acceptance of the modified TOS. Your use of the CRM services is subject to the most current version of the TOS posted on the website, or within or through the affected Service, at the time of such use. Please regularly check the TOS part of our website/Service to view the then-current TOS.
2. DESCRIPTION OF SERVICE
You hereby agree that PMAM CRM may include advertisements and communications from PMAM. These advertisements and Communications are integral part of CRM services provided by PMAM therefore you are not permitted to opt out of these services. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, shall be subject to the TOS.
CRM services are provided by PMAM “as is,” without warranty of any kind, either express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, PMAM makes no warranty that (i) the website, CRM services or materials will meet your requirements or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website, CRM Services or materials will be effective, accurate or reliable; (iii) the quality of the site, CRM Services or Materials will meet your expectations; or that (iv) any errors or defects in the website, CRM Services or Materials will be corrected. No advice or information, whether oral or written, obtained by you from PMAM or through or from use of the services shall create any warranty not expressly stated in the terms.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify PMAM immediately. You may not use another person’s Account Information. PMAM may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
If you provide any information that is untrue, inaccurate, not current or incomplete, or PMAM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, in such circumstances, PMAM has the right to suspend or terminate your account and refuse any and all current or future use of the Service at PMAM‘s sole discretion and without giving you any notice.
4. MEMBER CONDUCT
You understand that all information and data are the sole responsibility of the person from which such Content is originated. PMAM has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the CRM Services. You understand that by using the CRM Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PMAM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree that PMAM retains the right to create reasonable limits on PMAM’s use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the CRM Services and as otherwise determined by PMAM in its sole discretion.
You acknowledge that PMAM does not pre-screen Content, but that PMAM and its designees shall have the right, but not the obligation, in their sole discretion to refuse or move any Content that is available via the CRM Service. Without limiting the foregoing, PMAM and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PMAM or submitted to PMAM, including without limitation, information in PMAM CRM, message boards, file repositories, and in all other parts of the Service. PMAM shall not be liable for any loss or damage arising out of or relating to the use/reliance of such content.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
The PMAM CRM Services can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that PMAM intends to announce such Services or Materials in your country.
The website and CRM Services are controlled, operated and administered by PMAM Systems Incorporated from its offices in the Republic of India. PMAM makes no representation that the website, CRM Services or Materials are appropriate or available for use at other locations outside the Republic of India, and access to the website from jurisdictions where the website, CRM Services or Materials are illegal is prohibited. PMAM reserves the right to block access to the website, CRM Services or Materials by certain international users. You agree to comply with all applicable local laws, including but not limited to, laws relating to transmission of technical and personal data from the country in which you reside.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
PMAM does not claim ownership of Content you submit or make available for inclusion on the Service.
7. INDEMNITY
You agree to indemnify and hold PMAM and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, your use of the website, CRM Services or Materials, your connection to the website, CRM Services or Materials, the actions of any member of your Group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the website, Services or Materials, your violation of the TOS, or your violation of any rights of another, including any Intellectual Property Rights.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. LIMITATION OF LIABILITY
In no event shall PMAM, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if PMAM has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, CRM Services or Materials.
Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages. Accordingly, the limitations and exclusions set forth above may not apply to such jurisdictions.
10. GOVERNING LAW AND JURISDICTION
Any disputes arising out of or related to the use of PMAM’s Services or this TOS shall be exclusively governed by the laws of Republic of India. You agree that any lawsuit arising out of or relating to the use of PMAM’s Services or this TOS shall be filed exclusively in the courts located within New Delhi, India, and you hereby consent and submit to the jurisdiction of the courts situated within New Delhi, for the purposes of litigating such claims or disputes.
|