AGREEMENT BETWEEN USER AND FSS
The Financial Software and Systems (Private) Limited, (FSS) Website is comprised of various Web pages operated by FSS and/or Linked Sites as defined herein below (collectively “FSS Website”).
The FSS Website is offered to you on your unconditional acceptance of the same without modification of any of the terms, conditions, and notices contained herein.
You acknowledge and agree that your use of the FSS Website constitutes your unconditional and irrevocable agreement and acceptance to all such terms, conditions, and notices contained herein and /or modified/amended from time to time by FSS at its sole discretion.
LINKS TO THIRD PARTY SITES
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FSS Website, you covenant, undertake and warrant to FSS that you will not use the FSS Website for any purpose that is unlawful or prohibited by law, these terms, conditions, and notices. You may not use the FSS Website in any manner which could damage, disable, overburden, or impair the FSS Website or interfere with any other party’s use of the FSS Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FSS Websites.
You agree that you shall NOT do any of the following, nor use the FSS Websites to do any of the following:
- Upload, post, email, transmit or otherwise make available any information, material or other content (collectively “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, pornographic, libellous, invasive of another’s privacy, false, inaccurate, misleading, incomplete, stale, hateful, or racially, ethnically or otherwise objectionable, offensive or inappropriate;
- harm minors in any way;
- impersonate any person or entity, including but not limited to FSS, FSS employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the FSS Websites;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any intellectual property, including any patent, trademark, trade secret, copyright, or other proprietary rights, publicity rights, privacy rights or other rights of FSS, or any third party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising;
- upload, post, email, transmit or otherwise make available any material that contains software viruses/Trojans/spyware/malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the FSS Websites or servers or networks connected to the FSS Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the FSS Websites;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Government of India and/or any Country that has such a reciprocal agreement with the Government of India, as a foreign terrorist organization;
- “stalk” or otherwise harass another user or third-party;
- collect or store personal data about other users or third party;
- send email in violation of any Indian Enactment or Statute in force or any other applicable anti-“spam” law/s to either FSS, or any third party;
- use any device, software or routine, including but not limited to any viruses, spyware, malware, Trojan horses, worms, time bombs, cancel bots or denial-of-service attacks, intended to damage or interfere with the proper working of the FSS Websites or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the FSS Websites;
- “frame” or “mirror” the FSS Websites or any portion thereof;
- take any action that imposes an unreasonable or disproportionately large load on the FSS infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques;
- use the FSS Websites in any manner if you are a competitor of FSS, including without limitation soliciting Professional / Candidates, or Employees of FSS for any purpose whatsoever;
- resell or make available to any non-user any of the FSS’ services, the FSS Websites or any content on the FSS Websites, or use the FSS Websites for any unlawful, commercial, research or information gathering purposes; or
- Delete or revise any material posted by another User on the FSS Websites, access data not intended for you on the FSS Websites, or log into an account which you are not authorized to access.
MATERIALS PROVIDED TO FSS OR POSTED AT FSS WEB SITE
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE THROUGH THE FSS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FSS AND/OR ITS AUTHORIZED AGENCY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FSS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE FSS WEBSITE SHOULD NOT BE RELIED UPON FOR ANY BUSINESS OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FSS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FSS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FSS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The FSS’ Services, FSS Websites (including all content thereon) and all intellectual property rights in or related to the FSS Websites, including but not limited to copyrights, patents, trademarks, service marks and any feedback left by Users on the FSS Websites, are owned and/or licensed by FSS, and all right, title and interest in the FSS Websites, the FSS’ related services and the related intellectual property rights, are and shall remain FSS’ sole property. This includes, without limitation, the “fss.co.in” and “fsstech.com” URL; FSS, FSSNeT and FSS Technologies design logo, and certain other names and logos used by FSS, all of which are service marks or trade marks of Financial Software and Systems (Private) Limited, (FSS) India. This also includes, without limitation, the “look and feel” of the FSS Websites (including design, layout, color combinations, button shapes, which is protected by FSS’ copyrights.
FSS reserves the right, in its sole discretion, to terminate your access to the FSS Website and the related services or any portion thereof at any time, without any prior notice.
Use of the FSS Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FSS as a result of this agreement or use of the FSS Website. FSS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FSS’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FSS Website or information provided to or gathered by FSS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FSS with respect to the FSS Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FSS with respect to the FSS Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
This Agreement shall be governed and construed in accordance with the laws of the Republic of India.
You hereto agree, that all disputes and differences arising between FSS and you in connection with regard to usage of this site, content and/or any matter relating thereto or arising there from or as to the interpretation thereof, shall be settled by compulsory arbitration by a sole arbitrator to be chosen by FSS. The decision / award of the sole arbitrator shall be final and binding. You also agree that you shall have no objection to FSS choosing the sole arbitrator. The provisions of the Arbitration and Conciliation Act, 1996, with all its modification/s and amendment/s thereto, shall govern the Arbitration proceedings. The language of the Arbitration proceedings shall be English and the seat of arbitration shall be Chennai. The place of arbitration will be Chennai.
The Courts at Chennai shall have exclusive jurisdiction to all matters arising out or in relation to arbitration, to the exclusion of all other Courts.
COPYRIGHT AND TRADEMARK NOTICES
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notices: Any notice required or permitted to be given hereunder shall be in writing and sent by prepaid registered mail or by a courier service, in the manner as elected by the Party giving such notice to the designated address of the FSS – kindly refer “Contact Us” link as available on the website.