This is an agreement between you and EMC which governs your use of EMC. By accessing EMC, you are agreeing to accept and be bound by this agreement. Therefore, please review this agreement to your satisfaction. If you are not willing to accept each of the terms, conditions and notices of this agreement we will not grant you the permission to use EMC and you will need to exit EMC.
All contents included on EMC, such as text, graphics, logos, button icons, images, etc. are the property of EMC and is protected by copyright laws. The layout of all contents on EMC are owned and copyrighted .The license being provided for use of any product or services are specifically governed by these terms and conditions and the specific purchase order stroke invoice containing the commercial and legal terms between the parties.
In exchange for your adhering to the terms of this agreement, EMC grants you a limited, non-transferable license to use EMC and the services /products offered by EMC.
Other than as expressly provided in the clause above, you cannot copy, display or distribute any contents obtained from EMC. Under any circumstances you can't modify, perform, reproduce, publish, license, create, transfer or sell any contents or services obtained from EMC. In addition, you may not “frame” or otherwise use the pages or other contents or services found on EMC on any other website. This means permission to use EMC or contents will be narrowly construed by the Court in favour of EMC. If you infringe our intellectual property rights or exceed the scope of permitted use of this license, you agree that EMC would be irreparably injured and may obtain a Court order to enjoin you from further mischief. Protection offered to EMC by this agreement will survive termination of any license.
As a condition of your license to use EMC, you should not use EMC in any way that is unlawful or prohibited by this agreement. If you violate this or any other term of this agreement, your license to use EMC shall terminate immediately.
EMC assume no responsibility for any consequence relating directly or indirectly to your use of EMC or for any action or inaction that you take based on the services or other material provided by EMC. You understand this and agree that you use EMC at your own risk.,
You understand and agree that while EMC appreciates your comments and suggestions concerning the services we provide, but EMC cannot acknowledge or return any submitted or suggested drawings, notes, text or other ideas that you send to EMC. If you send such materials or suggestions they shall be deemed the property of EMC and EMC shall not owe you any compensation or otherwise be liable for any use that we make of the drawings, notes, text or other ideas.
EMC being engaged in the business related to email marketing would not be responsible for any kind of consequences /losses/damages/claims whatsoever being consequential/incidental/ancillary to the intended use of email marketing software products or services. Under the scheme of email marketing the role of EMC is limited to providing software and services in relation to email marketing. Any information database etc. shall not be provided by EMC. Further EMC shall also not be responsible for any kind of incorrections inaccuracy errors omissions etc. in the database or information being transmitted by using the email marketing .Any information in relation to product or services being exchanged transmitted through the use of the products of EMC shall be the sole responsibility of the party transiting such information and EMC shall be kept indemnified by such buyer/party.
EMC is also working under the reseller module under which we are appointing resellers for promoting marketing and selling the product. Under the reseller module the relation is that of principal to principal basis and EMC, shall bear no responsibility whatsoever for any commitments/ terms and conditions etc. being delivered over and above the terms and conditions of EMC.
EMC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EMC HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENTS AND SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL EMC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR WITH ANY DELAY OR INABILITY TO USE EMC OR FOR ANY INFORMATION OR SERVICE OBTAINED THROUGH EMC OR OTHERWISE ARISING OUT OF THE USE OF EMC WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF EMC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES THE ABOVE DAMAGES MAY NOT APPLY TO YOU.
By accessing EMC, you agree to hold harmless and indemnify EMC, its owners, affiliates and agents from any liability, loss, claim or expense that results from or are in any way incidental to your use of EMC, including but not limited to your violation of any terms or conditions of this agreement or your infringement of any intellectual property or other right of any person or entity. By entering into these terms and conditions you here by agree to keep indemnified EMC from any third party claims whatsoever , further by using any product or service of EMC any information data product etc. being delivered to any of the third parties shall be the sole responsibility of the party sending/transmitting such information across.
Due to lack of uncertainty and lack of uniformity of laws in different countries, you understand and agree that EMC operated solely in India. You are using the internet as your own agent to access and use EMC from the local internet point of presence here in India and you are using the Internet as your agent to take delivery of any contents or services in India. This means that all services, operations, deliveries, performance and contacts of your business with EMC occur solely in India.
Because EMC operates solely in India, Indian laws govern this agreement. Since EMC makes no warranties and assume no liabilities and you agree in this agreement to hold EMC harmless you should have no reason to have a grievance with us. Should you nevertheless bring legal action against EMC you irrevocably agree that it will be brought and maintained within one year after the claim arises in a court located at in India or be barred. To discourage unwarranted litigation, you agree that if you sue us and don’t win, you will pay our legal costs, including fees for hiring the services of the counsels. If EMC is required to enforce this agreement or our rights you agree that it is reasonable to send you legal notices and papers by electronic mail provided by you. EMC’s failure to insist on strict enforcement of any provisions of this agreement shall not preclude us from enforcing it on future occasions.
We will not provide refund for any unused services. We will refund your money, incase of any server problem or software problem from our side.
You agree that this site, products and service (which includes custom offerings) are provided on “As available” and an “As is” basis. By using the site and any services or products related to the site, which includes any action you take related to you reliance, is your risk. At emc, we will not warrant this type of use of the services, site or products, and we do not claim that our site, products or services will be free of errors or without interruption. We offer no guarantee or warranty of your results from our site, services or products . We disclaim any warranties, both implied or otherwise, of fitness for a purpose, non-infringement or merchantability of the site or services. We will make no statement, written or oral, that will create warranty that is not specifically explained or contained in this agreement. If you breach the terms and conditions of any third party services or third parties, we are not responsible or liable. We are not liable for the reliability or accuracy of any third party services, opinion, advice, content or statements, which includes hosted events, services, products or surveys that is used or purchased from other customers or third party services. Any claim you assert after 12 months from the action underlying such claim will not be considered valid. We will make commercially reasonable strides to repair the products, services or sites related to the claim, as a remedy for non performance or failure of the site, services or products.
As the law permits, you release us from any liability or claims related to content on your site, materials you use with the site, products or services, the conduct of other customers, their subscribers, or issues that relate to the remote access of your devices or computers that allows our personnel to troubleshoot our services, products and sites.
EMC can modify this agreement at any time, and such modifications shall be effective immediately after we post the modified agreement. For your convenience, the day this agreement was last modified will always be posted at the top of this agreement. You agree to review this agreement to your satisfaction whenever the posted date indicates that it has been modified since you last reviewed it. By continuing to access EMC after modifications to this agreement are posted, you are agreeing to accept the agreement as modified.