Privacy Policy Terms & Condition

        TERMS OF USE

   Last updated on [insert date].


            These terms of use (“Terms of Use”) mandate the terms on which the customers (either an individual or a single legal entity) of BBIESSE INDIA PRIVATE LIMITED (hereinafter referred to as “the Company”), who after having purchased Product(s) (as defined below) from the Company, (“You”  or “Your” or “Yourself” or “User”) access and register on the mobile application ‘Biesse India Easy Maintain App’ owned and operated by the Company  (hereinafter referred to as “the Platform”) and avail the Services (as defined below) provided through the Platform. In case You are a legal entity, You     represent and warrant that You have the   full authority to bind all the persons/users who will be using the Platform and the Services on Your behalf, You shall be liable for all acts and omission of suchpersons/users and the access and/or   use of the Platform by such authorised persons/users shall be deemed to be access and/or use of  the Platform by You. 


        Please read the Terms of Use and Privacy Policy carefully before using or registering on the Platform or accessing any Content (as defined hereinafter) or Services through the Platform. By  clicking on the “I accept” button provided below, You accept these Terms of Use and Privacy Policy and agree to be legally bound by them. 

        The Company retains an unconditional right to modify or amend these Terms of Use without any requirement to notify You of the same. You can determine when these Terms of Use were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.

        1    Services

        1.1  You acknowledge that the Platform allows You to avail the following services including: 

         (i)    use of the Platform for the purposes of registering on the Platform;

        (ii)    use of the Platform to (i) undertake preventive maintenance of machines/equipment purchased by You from the Company   (“Products”) with the help of/in accordance with demonstrational videos and written text of    steps made available by the Company on the Platform; (ii) undertake troubleshooting by implementing solutions suggested by the Company to resolve any  problem/defect which may arise with the Product; (iii) receive     updates regarding events conducted by the Company and avail of opportunities to participate in such events through the Platform; 
       (iii)     obtain information regarding the newly launched products of the Company and receive news updates in relation to the  Company including with respect to its products; and

        (iv)    provide feedback to the Company on Your experience with its Products and services. 


        The aforementioned services shall be collectively referred to as the “Services”. 

        1.2  The Company reserves the right to amend or revise the Services and the Content from time to time, at its sole discretion.

        1.3  You agree to provide honest feedback/review/suggestions about the Company’s Products and services. 

        2.    Eligibility to Use

            2.1  The Platform and the Services are available only to those customers of the Company who have purchased a Product of the Company.

        2.2 Notwithstanding the above, the Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. You hereby represent that You are /Your authorised user is of legal age to form a binding contract, are not a person barred from receiving Services from the Platform under the applicable laws and are competent to enter into a binding contract. 

        2.3 The Company reserves the right to refuse access to the Platform or Services to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. 
 
        2.4  You shall not have more than 1 (one) active Principal Account (as defined hereinafter) and not more than 2 (two) Authorised Operator Accounts (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an Account with the Platform. 

        3  User Account, Password, and Security

     3.1  In order to access the Services on the Platform, You will have to register on the Platform by providing details as may be required by the Company including Your phone number, Your email address and create an account. (“Principal Account”) Once You create a Principal Account and the Company verifies Your purchase of Product, You will be granted access to the Platform. You may request the Company to enable registration of up to 2 (two) additional accounts linked to the Principal Account and to be operated by Your authorised representatives by providing details as may be required by the Company including the name, phone number and email address of Your concerned authorised representatives to create the aforesaid account(s) (“Authorised Operator Account(s)”) (the Principal Account and the Authorised Operator Account(s) shall hereinafter collectively be referred to as the “Account”). All Authorised Operator Account(s) will be listed under the tab “Manage Operators” on the Platform.
 

        3.2 You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You. 
 
      3.3 You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. 

     3.4 Use of another User’s Account information for availing the Services is expressly prohibited.

        4    Use of the Platform

        4.1 Subject to compliance with the Terms of Use, the Company hereby grants You  a non-exclusive, non-transferable, revocable and limited license to access and use this Platform to avail the Services. You agree to use the Platform and the Services only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company /other Users.
 
        4.2 You agree not to access (or attempt to access) the Platform or the Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. 
 
        4.3 Further, You undertake not to:  

         (i) copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization from the Company;
         (ii) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer; 

          (iii) engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);


     (iv) to enter or send any material to or from the Platform that may be intimidating, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, capable of inciting racial hatred, discriminatory or discriminating, threatening, scandalous, provocative, blasphemous, in breach of confidentiality or privacy obligations, or that can be considered as capable of generating damage or disturbance in any way; or

           (v) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the Company’s server, or through the Platform, by hacking, password mining or any other illegitimate means;
        (vi) probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

         (vii) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;

           (viii) collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Clause;

           (ix) use any device or software to interfere or attempt to interfere with the proper working of the Platform, or with any other person’s use of the Platform;

          (x) use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

         (xi) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

         (xii) violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

        violate the Terms of Use contained herein or elsewhere; and

      (xiii) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software or Content obtained from the Platform.
        4.4 Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable (upon notice from the Company), non-transferable access to view any Content available on the Platform, subject to the following conditions: 
          (i) You may access the Content solely for informational purposes in relation to the Product or the Services, in accordance with the Terms of Use;                                            
          (ii) You may not modify or alter the Content available on the Platform;        
         (iii) You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and (iv)You may not remove any text, copyright or other proprietary notices contained in the Content.


        5 Usage Conduct 

        5.1    You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access and use the Platform.
                    
         6  Intellectual Property Rights 

         6.1   The Platform (source code and object code) and the processes, and their selection and arrangement, including but not limited to, all text, data, information, materials, videos and video compilations, graphics, images, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof), illustrations, letters, images, ideas, concepts, presentations, the layout, design, flow, and look and feel of the Platform, and derivatives thereof and related materials,  (collectively, the “Content”) on the Platform is owned and controlled by the Company and the structure, selection, coordination, expression, and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. 
 
        6.2 The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company or the third party that may own the Marks. 
             
       7 Disclaimer of Warranties & Liability

      7.1   You expressly understand and agree that, to the maximum extent permitted by applicable law:
 the Platform, the Services and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non - infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or the Services or the Content will meet Your requirements or  Your  use of the Platform will be uninterrupted, timely, secure or error-free;
(ii) the results that may be obtained from the use of the Platform or the Services or the Content will be effective, accurate or reliable or fulfil the   purpose desired by You; (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company or through use of the Services or the Content shall create any warranty not expressly stated in the Terms of Use  Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without your knowledge.
Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Services or the Content or otherwise. The Company can make changes to the Platform and its Contents at any time, or modify the description of the products and/or Services and, if applicable,  their prices, without giving You any prior notice. You understand that the Company does not undertake any commitments or obligations to update the Content or the Services published on the Platform. The Company         shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics    obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-    availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control.  You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your  computer systems or loss of data that results from the download of such material or data. 

You understand that You are solely responsible for (i) the accurate identification or diagnosis  of a problem/defect/error, if any, with the Product; (ii) undertaking troubleshooting to the Product in the manner (including the sequence) indicated by the Company on the Platform; and (iii) undertaking maintenance activities of a Product in the manner prescribed by the Company. The Company shall not be liable for any damage caused to the Product (or its components) or any loss, injury (including death) or damage to any persons or property which may result from or occur due to Your misdiagnosis of the problem/defect/error with the Product or Your  misinterpretation or improper/incorrect execution or implementation of the solution or preventive maintenance suggested by the Company for a particular Product. In case of any doubt regarding the manner of execution or implementation of the solution or preventive maintenance suggested by the Company, You must contact the authorised service provider of the Company, whose contact details are provided by the Company to You at the time of purchase of the Product.

     7.2  You understand and agree that nothing in these Terms of Use is meant to derogate from or revise the obligations/understanding under the agreement executed between You and the Company for purchase of the Product and the terms of such agreement shall continue to apply to You.
        
         8 Indemnification and Limitation of Liability

8.1  You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, undertaking, covenant or agreement made or obligation to be performed by You         pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform (including         Services), any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

8.2  In no event shall the Company and its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever,  arising out of or in connection with Your use of or access to the Platform or Content on the Platform. 

8.3  The limitations and exclusions in this Clause 8 apply to the maximum extent permitted by applicable laws. 

         9 Violation of the Terms of Use

        9.1  You agree that the Company may, without notice, delist You or block Your future access to the Platform or suspend or terminate your Account without prior notice, if it believes in its sole and absolute discretion that  you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same) or anyway otherwise acted unethically.

        9.2 You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may  have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and  costs of such action, in addition to any other relief that may be granted. 
        
      10 Termination 

        10.1  The Terms of Use will continue to apply until terminated by either You or the Company as set forth below or elsewhere in these Terms of Use. If You object to the Terms of Use or are dissatisfied with the Platform,  your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. 
 
        10.2 The Company may delist You or block Your future access to the Platform or suspend or terminate your Account in accordance with Clause 9.1 above.

        10.3 The Company may, at any time, with or without notice, terminate Your Account and/or prevent Your use of the Platform or Services, if: 
 
 The Company is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies);
The provision of the Services to You by the Company is, in the opinion of the Company, no longer commercially viable or in any way detrimental to the Company, its business or the Platform; or
The Company has elected to discontinue, with or without reason, access to the Platform, Services or any part thereof. 
 
        10.4 The termination of Your Account or prohibition of use of the Platform shall not relieve You of any liability that You may have incurred or may incur in relation to use of Services provided prior to such termination.

        10.5 If You or the Company terminate Your use of the Platform, the Company may delete Your Account information or other materials relating to Your use of the Platform or the Services and the Company shall have no  liability to You or any third party for doing so. 

        11 Governing Law and Jurisdiction

        11.1 These Terms of Use shall be governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive  jurisdiction of courts at Bangalore, India. 
        
         12 Report Abuse

        12.1 In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: [insert email address].
    
         13 Communications

        13.1  You hereby expressly agree to receive communications by way of e-mails from the Company and other third parties. You can unsubscribe or opt-out from receiving communications through e-mail anytime by visiting  [insert email address]. 
    
         14 General Provisions

         14.1 Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be  sent to [insert address] with subject line - Attention: TERMS OF USE. 
        
         14.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to       any third party without the requirement of seeking Your consent.
    
     14.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible  so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

     14.4 Waiver: Any failure by Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Company of that provision or right.

     14.5 Survival: All provisions of these Terms of Use which by their very nature are intended to survive the expiry or early termination of these Terms of Use, shall survive the expiry or early termination of these Terms of Use. 

    15 IP Infringement

    15.1 If You believe the Platform or any of the Services or any Content violates Your intellectual property, You must promptly notify the Company in writing at [insert email address]. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice: 
the intellectual property that You believe is being infringed;
the item that You think is infringing and include sufficient information about where the material is located on the Platform;
 a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform; 
Your contact details, such as Your address, telephone number, and/or email; 
a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual  property is being infringed; and 
Your physical or electronic signature.

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