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Terms of Use

AGREEMENT BETWEEN USER AND EBITAUS

The EBITAUS PRIVATE LIMITED, (EBITAUS) Website is comprised of various Web pages operated by EBITAUS and/or Linked Sites as defined herein below (collectively “EBITAUS Website”).

The EBITAUS 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 EBITAUS 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 EBITAUS at its sole discretion. 

MODIFICATION OF THESE TERMS OF USE

EBITAUS reserves the right to change the terms, conditions, and notices under which the EBITAUS Website is offered. EBITAUS may at its sole discretion (without in any manner being answerable and/or called upon to justify) amend these Terms of Use at any time by updating this page. You agree and acknowledge that any changes to these Terms of Use shall also be binding on you. You agree that your continued use of the EBITAUS Websites or EBITAUS’ services shall constitute your agreement to such amendments to these Terms of Use.

LINKS TO THIRD PARTY SITES

The EBITAUS Website may contain links to other Websites including, but not limited to links to third-party Websites (“Linked Sites”). The Linked Sites are not under the control or operation of EBITAUS and EBITAUS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EBITAUS is not responsible for webcasting or any other form of transmission received from any Linked Site. EBITAUS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EBITAUS of the site or any association with its operators and is further not responsible for the content or privacy policy or practices of any linked site you may choose or visit. If you decide to access a linked third-party Website, you do so at your own risk. 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the EBITAUS Website, you covenant, undertake and warrant to EBITAUS that you will not use the EBITAUS Website for any purpose that is unlawful or prohibited by law, these terms, conditions, and notices. You may not use the EBITAUS Website in any manner which could damage, disable, overburden, or impair the EBITAUS Website or interfere with any other party’s use of the EBITAUS 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 EBITAUS Websites.

You agree that you shall NOT do any of the following, nor use the EBITAUS 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 EBITAUS, EBITAUS 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 EBITAUS 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 EBITAUS, or any third party;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised 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 EBITAUS Websites or servers or networks connected to the EBITAUS Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the EBITAUS Websites;
  • Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation(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 organisation;
  • “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 EBITAUS, 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 EBITAUS Websites or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the EBITAUS Websites;
  • “Frame” or “mirror” the EBITAUS Websites or any portion thereof;
  • Take any action that imposes an unreasonable or disproportionately large load on the EBITAUS infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques;
  • Use the EBITAUS Websites in any manner if you are a competitor of EBITAUS, including without limitation soliciting Professional / Candidates, or Employees of EBITAUS for any purpose whatsoever;
  • Resell or make available to any non-user any of the EBITAUS’ services, the EBITAUS Websites or any content on the EBITAUS Websites, or use the EBITAUS Websites for any unlawful, commercial, research or information gathering purposes; or
  • Delete or revise any material posted by another User on the EBITAUS Websites, access data not intended for you on the EBITAUS Websites, or log into an account which you are not authorized to access.

 

Please report any prohibited conduct by other Users to contact@ebitaus.com.

EBITAUS is under no legal and/or moral obligation to monitor the conduct of Users on the EBITAUS Websites or any materials posted thereon, but it may respond when violations are reported. You acknowledge and agree that EBITAUS has the right (but not the obligation) to monitor the EBITAUS Websites including without limitation all postings by various Users. Without Prejudice to the EBITAUS’ other rights as set forth in these Terms of Use, EBITAUS reserves its right, with or without notice to the applicable User, to remove content posted by any User on the EBITAUS Websites, remove any User from the EBITAUS Websites, and/or take any other technical or legal action EBITAUS deems necessary in the event that EBITAUS believes, in its sole discretion, that the User is creating problems, possible legal liabilities, violating these Terms of Use, or otherwise acting inconsistently with the letter or spirit of EBITAUS’ policies. EBITAUS also reserves its right to report any wrongdoing of which EBITAUS becomes aware to the applicable government or law enforcement agencies or otherwise

MATERIALS PROVIDED TO EBITAUS OR POSTED AT EBITAUS WEBSITE

EBITAUS does not claim ownership of the materials you provide to EBITAUS (including feedback and suggestions) or post, upload, input or submit to any EBITAUS Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting EBITAUS, its affiliated companies and necessary sub-licensee/s permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. EBITAUS is under no obligation to post or use any Submission, you may provide and EBITAUS may remove any Submission at any time in EBITAUS’ sole discretion. However, you hereby grant a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right and licence to use, distribute, disclose, reproduce and display any information, materials or content you post on the EBITAUS Websites or otherwise provide to EBITAUS, and to exercise all copyright and publicity rights with respect thereto, subject to the EBITAUS Privacy Policy. Without limiting the generality of the foregoing, you authorise EBITAUS to disclose your information to other Users as described in these Terms of Use and elsewhere on the EBITAUS Websites, subject to the EBITAUS Privacy Policy. In addition, you hereby grant EBITAUS permission/licence/right to display your logo, trademarks and company name on the EBITAUS Websites and in press or other public releases or filings. By submitting any information, materials or content on the EBITAUS Websites or otherwise to EBITAUS, you acknowledge, represent and warrant that you have all right and authority to grant such rights to EBITAUS

LIABILITY DISCLAIMER

The information, software, products, and services included in or made available through the EBITAUS website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. EBITAUS and/or its authorised agency may make improvements and/or changes in the EBITAUS website at any time. Advice received via the EBITAUS 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. 
EBITAUS 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 EBITAUS 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. EBITAUS 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. 
In no event shall EBITAUS and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the EBITAUS website, with the delay or inability to use the EBITAUS website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the EBITAUS website, or otherwise arising out of the use of the EBITAUS website, whether based on contract, tort, negligence, strict liability or otherwise, even if EBITAUS or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the EBITAUS website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the EBITAUS website.
Service contact contact@EBITAUS.com

OWNERSHIP

EBITAUS’ Services, EBITAUS Websites (including all content thereon) and all intellectual property rights in or related to the EBITAUS Websites, including but not limited to copyrights, patents, trademarks, service marks and any feedback left by Users on the EBITAUS Websites, are owned and/or licensed by EBITAUS, and all right, title and interest in the EBITAUS Websites, the EBITAUS’ related services and the related intellectual property rights, are and shall remain EBITAUS’ sole property. 
This includes, without limitation, the “www.ebitaus.com” URL; EBITAUS logo design, and certain other names and logos used by EBITAUS, all of which are service marks or trademarks of Ebitaus Private Limited . This also includes, without limitation, the “look and feel” of the EBITAUS Websites (including design, layout, colour combinations, button shapes, which is protected by EBITAUS’ copyrights.

You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works of or with respect to the EBITAUS related services, EBITAUS Websites or the related intellectual property, and these Terms of Use do not grant you permission to do so.

You may not reproduce, modify, display, sell or distribute the content on the EBITAUS Websites or use it in any other way for public or commercial purpose. EBITAUS authorises you to view and download a single copy of the content on the EBITAUS Websites solely for your personal, non-commercial use. Certain content on the EBITAUS Websites may be licensed from third parties. All such third party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the EBITAUS Websites, including any EBITAUS Websites content.

Without limiting any other rights or remedies EBITAUS may have under these Terms of Use or otherwise, EBITAUS may limit, suspend, or terminate the EBITAUS’ related services, limit or prohibit access to the EBITAUS Websites, modify or remove content on the EBITAUS Websites, including without limitation eliminating or discontinuing any content or feature thereon or thereof, or restrict the hours of availability of the EBITAUS Websites.
 

INDEMNIFICATION

You agree to indemnify, keep indemnified, defend, and hold harmless EBITAUS and its affiliates, officers, directors, employees and agents from and against any and all claims, demands, actions, losses, costs, expenses (including without limitation reasonable attorneys’ and Professional / Candidates’ and consultants’ fees), damages or other liabilities, of any kind or nature, (collectively “Liabilities”) which arise out of, result from, allege, or otherwise relate to: (i) your use of the EBITAUS Website or the EBITAUS’ related services, (ii) any information, materials or content you post on the EBITAUS Website or otherwise provide to EBITAUS or another User, (iii) your breach of these Terms of Use, or (iv) any other act of commission and/or omission by you

TERMINATION/ACCESS RESTRICTION

EBITAUS reserves the right, in its sole discretion, to terminate your access to the EBITAUS Website and the related services or any portion thereof at any time, without any prior notice.

Use of the EBITAUS Website is unauthorised 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 EBITAUS as a result of this agreement or use of the EBITAUS Website. EBITAUS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EBITAUS’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EBITAUS Website or information provided to or gathered by EBITAUS 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 EBITAUS with respect to the EBITAUS Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EBITAUS with respect to the EBITAUS 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 and 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.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of the Republic of India.

Dispute Resolution

You hereto agree, that all disputes and differences arising between EBITAUS 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 EBITAUS. The decision / award of the sole arbitrator shall be final and binding. You also agree that you shall have no objection to EBITAUS 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

Content on the site is for personal use only and may be downloaded provided the material is kept intact and there is no violation of the copyrights, trademarks, and other intellectual / proprietary rights. Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of EBITAUS and / or its affiliates or associates or of its third-party information providers. This material cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way for non-personal use without obtaining the prior written permission from EBITAUS. All rights not expressly granted herein are reserved. EBITAUS may monitor access to the Site. EBITAUS reserves the right to modify the terms of use of any service without any liability. EBITAUS reserves the right to take all measures necessary to prevent access to any service or termination of service if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right. EBITAUS acknowledges that all third party trademarks, trade names, service marks and logos referenced herein belong to their respective companies. EBITAUS claims no proprietary or any other rights in respect thereof

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 EBITAUS – kindly refer “Contact Us” link as available on the website.