For the purpose of this Agreement:
“Confidential Information” shall mean any trade secret or other information which is deemed confidential or commercially sensitive and which is not available in the public domain (other than through the wrongful disclosure) and which belongs to the User and which includes all data related to present or proposed vendors/customers. Confidential Information shall also include source codes, algorithm and any and all information pertaining to the Website’s software.
“Services” shall mean any and all services provided or otherwise offered by the Website.
Upon registration to avail the Services of the Website, the User may upload all data specified in the prescribed format. Such data may include name of the trademark, application number and/or any such required information. Users may alternatively email the TrueTrack team such data which may be uploaded by the Website. The Website shall identify the data and conduct a query in accordance with the data provided by the User. The relevant results shall be provided on an “AS-IS” basis. The User agrees, understands and acknowledges that the Website is an online platform and any result provided by the Website is a result of the functioning of a programmed software and such a process may miss out certain relevant results. The Website does not guarantee 100% accuracy of the results provided to the User. The Website asserts that no result is missed out unintentionally. The Website explicitly waives any liability that may be attributed to missing of any results that the User may find relevant. Any User not willing to accept such a disclaimer shall not register to avail the Services offered by the Website. Users shall not copy, modify, distribute, sell, lease or rent any part of the Services or software or data nor may reverse engineer or attempt to extract the source code of the software. The Users shall not be permitted to sublicense, sell, offer for sale, rent, lease, commercially exploit, publish or transfer any of the Services or the whole or any part of the Website.
- User Data
For the purposes of these Terms, User Data shall mean and include any and all content shared, submitted, transmitted, posted, distributed by the User on the Website. The Website acknowledges that such User Data is Confidential and shall not publish, share or use such Data with an intention to benefit out of such disclosure. The Website may disclose User Data in order to comply with any law or judgment, order or decree passed by any governmental or statutory authority. Users may post reviews, comments or other content and submit other suggestions, ideas, comments to improve the working of the Website. The Website shall use such User Data to analyse and provide better Services.
The User, at the time of registration shall subscribe to a plan made available by the Website. For uninterrupted Services, the User shall ensure timely payment of the subscription fee. The Website shall not be liable, should the Services be suspended as a result of non-payment of the subscription fee. Users agree to be bound by the terms of service of third-party Payment Gateways. The Website shall not be liable for any fraud or non-compliance of such terms of service of third-party Payment Gateways by the Users. Users understand and acknowledge that Users may have to disclose certain information to Payment Gateways in order to make payment and/or certain information may be collected by Payment Gateways during the transaction. The Users acknowledge and agree that the Website shall not be liable for collection, use, misuse or any and all losses that the Users may incur as a result of such information being collected and used by Payment Gateways.
- Limitation of Liability
The Website shall not be liable for any business loss (including loss of profits, revenue, contracts, data, goodwill or wasted expenditure) or any indirect or consequential loss, whether arising out of or related to this Agreement, including those in contract, tort (including negligence) even if such loss was foreseeable and the Website had been advised of the possibility of such damages or loss. The Website shall not be responsible for any delay, failure or faulty results arising out of any cause which is beyond reasonable control of the Website.
- Intellectual Property
Any and all Intellectual Property present anywhere within the Website or the Services, including but not limited to any patents, trademarks, logos, icons, domain names or copyright, shall belong to the Website and Users shall not in any manner use the same.
The Website reserves the right to make changes to the Website, Terms and Services offered by the Website at any time. User shall be bound by the such revised Terms from the time it is made available on the Website. Hence, all Users are advised to frequently check for revisions of the Terms.
- Governing Law and Jurisdiction
These Terms are governed by and are construed in accordance with laws of India.