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Fluid Edge Themes

Terms of Use

Updated on September 8, 2020

 The following terms (“Terms of Use”) and the “Privacy Policy” (https://www.goavega.com/privacy-policy) govern your viewing and use (hereinafter be referred to as “you” or “your”) of our “Website” (www.goavega.com and associated web pages).

The Website is owned and operated by Goavega Software India Private Limited, an Indian company having its registered office at No. 683, ‘Panchajanya’, 60 Feet Road, 4th Stage, BEML Layout, Raja Rajeshwari Nagar, Bangalore, Karnataka – 560 098 (“Goavega”, “we”, “us”, “our”).

By accepting the terms herein, or by accessing, viewing or using the Website, you agree to be bound by the Terms of Use and they constitute your binding legal obligations towards Goavega.

The Terms of Use may be modified (including suspension, cancellation, or discontinuance of the Website) at any time by Goavega by posting the changes on the Website, and you agree that it shall be your responsibility to ascertain the changes to the Terms of Use by accessing the Website. Any modified terms shall be applicable to your use of the Website without the need for any further consent. 

For the purpose of this Terms of Use, “User Data” means any information, document, application, file, text or such other material that is uploaded, directly or indirectly, in the use of the Website by you, by using the functionalities provided on the Website or otherwise.

  • General
    1. Goavega owns all rights, title, and interest in the Website.
    2. Goavega shall not be restricted (a) from collecting, storing, analysing and using the data related to the use of the Website by you; and (b) from analysing the User Data on an pseudonymised basis, for enhancing the capabilities of the Website, tracking your usage of the Website, or tracking Website performance.
    3. Goavega shall adhere to reasonable security measures deemed by Goavega to be appropriate, for the commercial deployment of the Website including, without limitation, using reasonable measures to secure the User Data from unauthorised access.
  • Prohibited Uses

In relation to your use and access of the Website, its contents and functionalities, you agree and undertake not to:

  1. re-sell the usage of the Website;
  2. upload, transmit or publish any information on behalf of a third-party, including any User Data of any person other than you, and more specifically, you will not impersonate another person;
  3. upload, transmit or publish any information or User Data which is grossly harmful, false, misleading, abusive, harassing, bigoted, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  4. take any action that imposes, or may impose an unreasonable or disproportionately large load on the IT infrastructure used by the Website;
  5. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website;
  6. upload, transmit or publish any information or User Data which may harm minors in any way;
  7. violate or invade the privacy of any person;
  8. upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Website, Goavega’s computer systems, or the computer systems of other users or third-party systems;
  9. upload transmit or publish anything which you do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third-party;
  10. communicate any information which is grossly offensive or menacing in nature;
  11. access the Website in any unauthorised manner, including by hacking;
  12. use the Website for any unauthorised marketing purposes or for sending any unsolicited materials or spamming;
  13. do any acts that threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
  • Warranty
  1. You hereby warrant that you have all necessary authority, approvals and consents to share the User Data or any other information with us.
  2. Goavega has no control over the User Data uploaded or generated by you while using or viewing the Website. Goavega undertakes no responsibility for any loss that you or any other person may suffer due to any User Data uploaded by your use of the Website.
  3. Except to the extent prohibited by applicable law, Goavega hereby disclaims and expressly waives all other, conditions, representations and guarantees, whether express or implied, arising by law, custom, oral or written statements of Goavega or third parties.
  • Communication

You hereby consent to receive messages, calls, auto-dialled or pre-recorded calls or messages, from us at any time with the use of your User Data that has been provided by you, subject to applicable law. You hereby voluntarily consent to receive transactional and/or promotional emails/SMSs from us at any time we deem fit. This consent is also for purposes that include and are not limited to clarification calls and marketing and promotional calls.

  • Limitation of Liability

 The aggregate liability of Goavega to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with the Terms of Use, your use of this the Website and its contents and functionalities or for any reason related to the operation of the Website, shall not exceed INR 50/- (Indian Rupees Fifty only). In no event shall Goavega be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

  • Indemnity

You agree to defend, indemnify and hold harmless Goavega and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from your use of the Website or any User Data provided to us by you.

  • General
  1. Termination: Goavega reserves the rights to terminate your access to the Website at any time, at its sole discretion and convenience or if you violate the Terms of Use.
  2. Assignment: You cannot assign your rights, claims or other entitlements under this Terms of Use without a prior written consent from Goavega.
  3. Force Majeure: In no event shall Goavega be liable for any acts beyond its control or for any acts of god.
  4. Waiver: No waiver of any provision of the Terms of Use shall be binding unless executed and notified by Goavega in writing to you. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims you have against Goavega arising from your use of the Website.
  5. Entire Agreement: The Terms of Use and the Privacy Policy shall constitute the entire agreement for the use, viewing or access of the Website. Any modification to the Terms of Use shall only be binding if posted on the Website by Goavega.
  6. Severability: If any provision of the Terms of Use or Privacy Policy is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of the Terms of Use or Privacy Policy (as applicable), which shall remain in full force and effect.                                                                         
  1. Governing Law and Jurisdiction: The Terms of Use and the Privacy Policy are governed by the laws of India (without regard to its conflict of laws principles). You irrevocably consent to the exclusive jurisdiction of the competent courts located at Bengaluru, Karnataka, India for all disputes arising out of or relating to the Terms of Use. Subject to the foregoing, all disputes arising out of or in connection with this Terms of Use shall be settled in accordance with the rules of Arbitration and Conciliation Act, 1996. The arbitrator to conduct the arbitration proceedings shall be appointed mutually by the parties. The seat and venue of arbitration shall be Bengaluru, Karnataka and the language for arbitration shall be English.