(FMS) ISHER Infotech Pvt. Ltd. ("ISHER","ISHER Infotech”,"we", "us" and terms of similar meaning) provides this web site
(in these terms we call this site and any successor websites, and any software provided by ISHER Infotech for use with the site,
the "Site") to you subject to these terms and conditions of use (these "Terms"). Please read these Terms carefully before using the Site.
By accessing or using the Site or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies and
guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
The term "you" refers to the user or viewer of our Web Site.
This Site is not intended to be used by children. You must be at least of the age of majority to use this Site.
Acceptance of Agreement
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior agreements, representations,
warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
If you register for an account on the Site, you agree to:
- Provide accurate, current and complete information as may be prompted by any registration forms
on the Site ("Registration Data")
- Maintain the security of your password
- Maintain and promptly update the Registration Data, and any other information you provide to
ISHER Infotech and to keep it accurate, current and complete
- Accept all risks of unauthorized access to the Registration Data and any other information you
provide to ISHER Infotech
You are responsible for all activity on your ISHER Infotech account, and for all charges incurred by your ISHER Infotech account
You represent and warrant that:
- Any credit information you supply is true and complete
- Charges incurred by you will be honoured by you and your credit card company
- You will pay the charges incurred by you at the agreed upon prices, including any
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part
of the Site, except as allowed in this agreement, is strictly prohibited. Some of the content on the site is the copyrighted work of third parties.
FMS, ISHER Infotech, are our service marks or registered service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license.
- To access and use the Site strictly in accordance with this Agreement
- To use the Site solely for internal, personal, non-commercial purposes
- To print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other policies contained therein
The services we provide through the Site are for your own use only. You may not resell, lease or provide them
in any other way to anyone else.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or documents (collectively defined
as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not:
- Copy, print (except for the express limited purpose mentioned in this agreement),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any
means all or any portion of the Site or any Content and Materials retrieved there from
- Use the Site or any materials obtained from the Site to develop, of as a component
of, any information, storage and retrieval system, database, information base, or similar resource (in any media now
existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license,
lease, rental, subscription, or any other commercial distribution mechanism;
- Create compilations or derivative works of any Content and Materials from the Site
- Use any Content and Materials from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right of us or any third parties
contained in the Site
- Make any portion of the Site available through the Internet or any other technology existing
now or developed in the future
- Remove, decompile, disassemble or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site architecture
- Use any automatic or manual process to harvest information from the Site
- Use the Site for the purpose of gathering information for or transmitting
- Unsolicited commercial email
- Email that makes use of headers, invalid or non-existent domain names, or other means of
- Unsolicited telephone calls or facsimile transmissions
- Use the Site in a manner that violates any state or national law regulating email, facsimile
transmissions or telephone solicitations
- Export or re-export the Site or any portion thereof, or any software available on or through
the Site, in violation of the export control laws or regulations of India
Linking to the Site
You may provide links to the Site, provided
- That you do not remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site
- Your site does not engage in illegal or pornographic activities
- You discontinue providing links to the Site immediately upon request by us
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality
or any error, inaccuracy or problem in the advertiser's or sponsor's materials. In addition ISHER Infotech Pvt. Ltd reserves
the right to refuse acceptance of any advertisement it considers inappropriate for whatever reason.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects
will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate,
timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time without notice.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no
liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials,
IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE, IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
- We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of
any kind resulting in any way from
- Any errors in or omissions from the Site or any services or products obtainable there from
- The unavailability or interruption of the Site or any features thereof
- Your use of the Site
- Any delay or failure in performance beyond the control of a Covered Party
- THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF
OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED Rs. 1,000/-
AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Use of Information
You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and copyright.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites.
We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf of the other.
Statements on Site
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to
fall within securities law safe harbours for forward-looking statements. The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall
not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to other Web Sites
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and
such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you
do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide us the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Site
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's behalf
- You can reach us by using the Contact Form provided on the site
Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Noida (U.P.), INDIA and shall be governed by and construed in accordance
with the laws of the Union of India. All actions shall be subject to the limitations set forth in this agreement. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your
information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any
part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.