Please read carefully the following terms and conditions ("Terms") before using the Site, Services or application. These terms govern yours and our obligations and restrictions concerning your access to and use of the Site, the Application and the Services and, except as otherwise provided in these Terms, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Services ("Content"). These Terms constitute a binding legal agreement between you and Newstor Private Limited.
In these Terms, "you," "your" or "User" means any person or entity using the Site, Application or the Services. Unless otherwise stated, "we" or "our" will refer to Newstor Private Limited,"
You acknowledge and agree that, by accessing or using the site, the application or the services or by downloading or posting any content from or on the site, the application or through the services, you are indicating that you have read, understood and agree to be bound by these terms, whether or not you have registered with the site or application.
If you do not agree to these terms, then you have no right to access, download or use the site, the application, services or content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Modification of the Service or these Terms
Newstor Private Limited reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services at any time and without prior notice; or to modify these Terms with notice to you on the Site or through the Service. We are under no obligation to provide the service continuously or at all. We will provide the then current version of these Terms at a link on the home page of the Site. By continuing to access or use the Site, Application or the Services after we have posted notice and a modification on the Site or through the Application, you are indicating that you agree to be bound by the modified Terms.
The Site, Application and Services are intended solely for persons who are 15 years of age or older. Any access to or use of the Site, Application or Services by anyone under 15 years of age is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 15 years of age or older.
The Site, Application, Services and Content are protected by copyright, trademark, and other laws of India and foreign countries. Except as expressly provided in these Terms, Newstor Private Limited and in some cases its licensors exclusively own all right, title and interest in and to the Site, Application, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application Services or Content.
Except as expressly specified in this Agreement, you may not:
(a) copy or modify the site, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the site;
(b) transfer, sublicense, lease, lend, rent or otherwise distribute the site to any third party;
(c) make the functionality of the site available to multiple users through any means, including but not limited to by uploading it to a network or file sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You agree that portions of the site, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Newstor Private Limited and its licensors.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application, the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Newstor Private Limited or its licensors, except for the licenses and rights expressly granted in these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org
You acknowledge and agree that all Feedback will be the sole and exclusive property of Newstor Private Limited and you hereby irrevocably assign to Newstor Private Limited and agree to irrevocably assign to Newstor Private Limited all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
You agree not to do any of the following: Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person; or
promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Site,
Newstor Private Limited’s name, any Newstor Private Limited trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, except as explicitly permitted herein, without Newstor Private Limited 's express written consent; Access, tamper with, or use non-public areas of the Site, Application, or Newstor Private Limited; Attempt to probe, scan, or test the vulnerability of Newstor Private Limited system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Newstor Private Limited.
Attempt to access or search the Site, Application, Services or Content or download Content from the Site, Application or Services 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 or search agents provided by Newstor Private Limited or other generally available third party web browsers;
Send any promotional materials in violation of law; Use any meta tags or other hidden text or metadata utilizing a Newstor Private Limited trademark, logo URL or product name without express written consent;
Use the Site, Services, Application or Content for any commercial purpose without prior written permission from Newstor Private Limited as noted above; Resell or offer advertising in connection with any Content;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Content to send altered, deceptive or false source identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application, Services or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail bombing the Site;
Collect or store any personally identifiable information from the Site, Application or Services from other users of the Site, Application or Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation;
Encourage or enable any other individual to do any of the foregoing. Newstor Private Limited will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Newstor Private Limited may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Newstor Private Limited has no obligation to monitor your access to or use of the Site, Application, Services or Content or to review or edit any User Content but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Newstor Private Limited reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content that Newstor Private Limited at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site, Application or the Services.
The Site and Application may contain links to third party websites or resources. You acknowledge and agree that Newstor Private Limited is not responsible or liable for:
(i) the availability or accuracy of such websites or resources;
(ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Newstor Private Limited of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources.
You agree to indemnify, at our request defend, and hold Newstor Private Limited, its officers, directors, employees and agents, harmless from and against any third party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the site, application, services or content, or your violation of these terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, neither Newstor Private Limited nor any other party involved in creating, producing, or delivering the site, application, services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, application, services or content, or from any communications, interactions or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Newstor Private Limited has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Newstor Private Limited used herein are trademarks or registered trademarks of Newstor Private Limited. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto shall be governed by and construed according to the laws of India. The courts in Chennai alone shall have jurisdiction.
These Terms constitute the entire and exclusive understanding and agreement between Newstor Private Limited and you regarding the Site, Application, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Newstor Private Limited and you regarding the Site, Application, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Newstor Private Limited’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Newstor Private Limited may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given:
(i) by Newstor Private Limited via email (in each case to the address that you provide)
(ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Newstor Private Limited to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Newstor Private Limited. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Newstor Private Limited
If you have any questions about these Terms, please contact Newstor Private Limited at +91 82480 40173