Terms of use

We welcome you to our website, for all your tech device-related updates and solutions. If you choose to continue accessing, using, browsing through, searching, availing the services, or engaging in anything on the Website, you agree to comply with and be bound by the Terms of Use disclosed herein, you also accept the information practices as per our Privacy Policy and you undertake to comply with all laws applicable and in force, as interpreted and enforced within your jurisdiction. Given our user base, we expect the user to observe the compliance with the General Data Protection Regulation (GDPR), the Federal Trade Commission Act (FTCA), Children’s Online Privacy Protection Rule (COPPA), and other relevant foreign legal doctrines governing data protection and privacy. The Privacy Policy and the Terms of Use shall represent the whole agreement between The Tachys and the User.

Definitions

Our website, its domain and other subdomains, any derivative web pages thereof (hereinafter referred to as the “Website”, “Site”) and Mobile Applications, Online Communities, Closed Groups or Social Platforms including but not limited to Facebook, Instagram, Twitter, etc. (hereinafter collectively with the website referred to as the “Platform”) any information contained therein, and the listed services and other materials contained therein are owned, managed, and governed by The Tachys (hereinafter referred to as “We”, ”Us”, ”Company” or “The Tachys”). Any services obtained from The Tachys through its portals and applications or otherwise are governed by these Terms of Use.

Wherever the terms “You”, “Your” or “User” are used, it shall include any person whether natural or legal/juristic, including but not limited to any company, incorporation, association, partnership, proprietorship, or group of individuals who access, browse through, visit or avail the services of the Website. 

Failure of compliance

Failure to comply with any condition, term, or provision contained herein or anything promulgated by these Terms of Use or the Privacy Policy or any such terms or conditions as imposed, by any User, shall result in termination of all licenses granted herein (if any). If you do not agree to these Terms of Use, you are not entitled to avail of/use the Programs and any use thereafter shall be unauthorised use of The Tachys Services. 

Modifications

The Company shall be at liberty to amend or modify these Terms of Use and the Privacy Policy from time to time at its sole and exclusive discretion without any prior notice or intimation to any User or anyone else. To obtain any of The Tachys services you are required to read and agree with these Terms of Use, Privacy Policy, and other policies implemented and published on the Platform from time to time or any amendments thereof. Continued use of this Website in any way by any User shall constitute the User’s consent to and acceptance of the modified or amended Terms of Use and the Privacy Policy. 

Licenses

You are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website, its services, and the content available on it for personal, non-commercial use for the applicable fees (if any) subject to the terms and conditions contained herein and in the Privacy Policy.

Unless otherwise priorly agreed or permitted in writing by the Company, you are hereby prohibited from copying, reproducing, modifying, creating derivative work from or storing, any content, whether in whole or in part, contained on the Website. In absence of the mentioned prior written permission from The Tachys, you are also prohibited from publishing, transmitting, distributing, displaying, performing, broadcasting, or circulating any such content for any purpose whatsoever.

Any unauthorized or non-sanctioned advertisement, promotional posts and material, junk mail, spam, chain letters, pyramid schemes, or solicitation in any other form, for any purpose, on the Website are strictly prohibited. Users are also restricted from posting any inappropriate, offensive, hateful, pornographic, false, misleading, infringing, defamatory, or manacing content targeting any person, gender or social or ethnic group, or nationalities. The Users hereby undertake to not use the Website for any unlawful purpose whatsoever and to respect all reasonable requests by the Website to protect its proprietary rights and interests.

You may print, use, and download content from the different sections of the website solely for your non-commercial use, provided that you agree not to alter the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Further, be informed that these statements do not apply to any section of our website that restricts printing and/or downloading.

Copyright Protection

The entire contents of our website are protected by the Indian Copyright Act, 1957, and international copyright laws. The owner of the copyrights in our Website, and/or other third-party licensors or related entities.

You do not own rights to any article, blog post, book, document, eBook, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through our website or via email or by way of protected content in a membership site. The copyright is absolute irrespective of you sharing any of your data at our site through any means.

While referencing the data on our website, you must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the content. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.

Your Data

The Website is entitled to use the information provided by the Users in any print or electronic form. By accessing our Website, you agree to grant us with a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any information (including ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as the comments section, bulletin boards, forums, blog, and newsgroups) or by e-mail to our website by all means and in any media now known or hereafter developed.

You also grant to our website the right to use your name in connection with the submitted information and all advertising, marketing, and promotional material related thereto. However, the Users are hereby assured that their information shall only be used according to the Privacy Policy and in a way to not infringe their privacy.

User’s Liability

Users shall be solely responsible for the accuracy, correctness, and authenticity of the information provided by them. The Website shall be entitled to remove, edit, review or delete the User Content if it finds it to be illegal, incorrect, offensive, or inappropriate in any way.

The Users shall be liable to indemnify the Company including our employees, affiliates, and authorized representatives, for any loss, damages, liabilities, costs including but not limited to reasonable attorney fees incurred by them as a result of a breach of this Agreement by the User or inaccuracy, falsity, incorrectness or illegality of material or information entered into the Website using User’s account on the Website.

Termination of Service

The Company is entitled to terminate, suspend or deny any User access to the Website or its services if the User violates the content matter of these Terms of Use or the Privacy Policy whether in conduct or intention to do the same or undertaking unlawful conduct. Such User shall not be eligible for any prior intimation or notice of any sort via any channel, and such decision would be solely and exclusively discretionary of the Company, without any refund, compensation, or monetary reimbursement of any kind for any reason whatsoever. Neither the Company nor the Website shall be liable to any User under any circumstances for their termination of access to the Website and its services.

The Users who do not agree to these Terms of Use or the Privacy Policy shall have only one recourse, that is, to discontinue the use of the Website. Upon termination of this agreement between the Parties, the User shall be bound to destroy all copies of any material provided by the Company or the Website in his/her possession and shall refrain from further use of the same.

Liability Restriction

The Company, the Website, or any of its employees, affiliates, agents, suppliers, licensors, or any authorized personnel or representatives shall not be liable to compensate under any circumstance or event for any direct, indirect, consequential, incidental, special, punitive or exemplary damages including without limitation to damages for loss of goodwill, use, profits, data or any other tangible or intangible loss related to or arising out of the use of, breach of or inability to use the Website or services provided by the Website, moreover, the said entities and individuals shall also be immune from any liability to compensate any User in any way for any loss, damage or injury caused because of hacking, tampering or unauthorized use or access of User’s account or any information contained therein.

The Company shall also not be liable in any case for any unauthorised or unsanctioned use or access of the Website’s secure servers or any personal information or content contained therein; any viruses, bugs or destructive programs or links that may be transmitted through the Website by any third-party; offensive, defamatory or illegal conduct and content of any third-party on the Website; transaction between any User and a third-party provider (affiliates) including breach of terms of such transaction or relationship.

The presence of any Professionals or third party on the Website or the Platform shall not, in any case, be inferred as a/an recommendation, advocation, solicitation, or endorsement of any such Professional or third party. Any information about such Professional or third party shall not be treated as a mode to confirm their credibility, qualification, or abilities. The Company and the Website shall also not be liable for mediating or resolving any dispute between any User and any Professional or third-party (affiliate).

Waiver of warranty

Any content, information, and services provided on the Website are provided on an ‘as-is/as-available basis and the Users are to use the same at their own volition and risk. The Company does not warrant either expressly or impliedly to the any of the aforementioned data, or regarding satisfactory quality, suitability for any particular purpose or any other implied warranty of merchantability as to the conclusion or outcome the Users may derive out of their use of the Website or any such conclusion or outcome they may attain out of a relationship with any Professional or third-party created through the Website. Neither do we, nor any of our employees, agents, licensors, or any authorised personnel make any representations or provide any warranty for the ability of any Professional or third party to obtain a favourable outcome for any User.

However, the Users are hereby informed that the Company shall strive to provide the best service to every user but cannot and does not provide any warranty as to the completeness or accuracy of any content or services or that the services provided through the Website will be error-free, uninterrupted or always available. The Users are also informed that they use the Website or avail its services and download the content available thereof at their exclusive and sole discretion, and risk and volition.

Dispute Resolution Clause

By the manner of acceptance of these Terms of Use and Privacy Policy, it is agreed by the parties that any dispute arising out of it will be resolved through a two-step Alternative Dispute Resolution (ADR) mechanism. It is further agreed by the parties that this section i.e., resolution through ADR, will survive even after the Terms of Use and Privacy Policy have expired.

1. Mediation: The parties shall attempt to resolve their disputes amicably, through the application of mutual understanding. If the parties are unable to reach a consensus within 7 days of communication of contention by one party to the other, then the dispute shall be resolved through arbitration.

2. Arbitration: The arbitration proceeding will be presided by a Sole Arbitrator, who would be appointed by the Company through their sole and exclusive discretion. The language for arbitration would be English.

The parties agree that India’s laws, rules and regulations, legal frameworks govern the Privacy Policy and any other agreements. If the disputes are subjected to litigation, then the courts in India shall have exclusive jurisdiction. The Users waive their defences of lack of jurisdiction or inconvenience of the forum.