Please read these Terms
of Use (hereinafter referred to as “Terms”) carefully before
beginning to access, use or avail the domains www.crelt.com, www.cybato.com, www.epsilon.in,
www.kenspan.com, www.abidus.com
and / or aliases to the said domains live.abidus.com,
affiliates.kenspan.com,
affiliates.abidus.com (hereinafter referred
to as the “Website(s)”) which is owned, managed and operated by Crelt Private Limited and
Epsilon International respectively (hereinafter referred to as “Crelt’’, “Epsilon”, “Us”, “Our”
or “We” connoting Crelt and/or Epsilon either singly or jointly as the context may be), having its place of business at 151, Powai Plaza,
Hiranandani Gardens, Powai, Mumbai, India, 400076. These Terms of
Use, the existence of which is commonly known, and as available to
you (hereinafter referred to as “You”, “Your” or “User”)
on the Website, along with any modifications and/or amendments,
constitutes a binding contract between You and Crelt. These Terms
of Use along with the Privacy Policy, applicable laws and regulations
govern Your access and use of the Website irrespective of the nature
of your access as either a “Visitor” (which shall mean any person
or authorised person who accesses the Website without submitting the
qualifying details required as a Member) or as a “Member”
(which shall mean any person or authorised person who completes the
formalities of registration as a member and submits the qualifying
details required as a member).
You
understand that failure to completely and thoroughly read, comprehend
and/or evaluate these Terms shall not constitute a valid excuse for
failing to comply with any of the obligations and/or conditions laid
out in the subsequent clauses of these Terms. You warrant that it
shall be Your sole responsibility to keep yourself updated as to the
latest modifications or amendments to these Terms, and Crelt’s
duty shall be limited to making modifications or amendments to these
Terms available on the Website.
You
further understand, consent and warrant that continued access and use
of the Website shall exhibit your understanding of these Terms and
shall constitute valid consent to be bound by these Terms. Should You
not agree with these Terms, or lack the required authority as
prescribed by law to access and use the Website on behalf of another
individual or legal entity, you are required to cease all access and
use of the Website, and We shall not be liable for any damage caused
to You by such access and use of the Website, and further, You shall
be liable, for both compensatory and punitive damages, to Us for any
injury caused to Us by Your unauthorised and/or unlicensed use of the
Website.
Website
Services
Crelt
offers information about and access to its software products and/or
services under the brand names ‘KENSPAN’ and ‘ABIDUS’
(hereinafter referred to as “Product(s)”) on the respective
Websites for the proliferation of awareness of the same, as well as
instructions and responses pertaining to the operation and manner of
working of the Products. The Website also contains information as to
the requirements customers seek to satisfy through the use of the
aforementioned Products, and provides answers to Frequently Asked
Questions in an endeavour to assuage concerns regarding the use of
the Products. You understand that the Website is merely an online
platform to acquire knowledge regarding the Products offered by
Crelt, and to purchase licenses to access and use the Products,
either as a downloadable software, cloud-based application, mobile
phone application, or an on-premises installation, as applicable for
each of the aforementioned Products.
Competency
to Contract
Access
and/or use of the Website is provided on the assumption that You are
legally competent to contract with Us under the Indian Contract Act
of 1872. If you have not attained the age of 18 years, then continued
use of the Website shall constitute a binding contract between Your
parent/legal guardian and Us. However, We reserve the right to
terminate access/use of the Website, delete or retain any information
provided to us, and/or prohibit further access/use of the Website.
Registration
You
may choose to access and/or use the Website as a Visitor. This shall
entail a limited provision of the full services generally offered on
the Website, to which you consent to. However, you may also choose to
pre-register Yourself on the Website as a Member in order to avail
the full services generally offered on the Website. This shall
require you to enter details including, but not limited to, your
first and last name, your business email address, your contact
number, company name, country, state, city and any other information
required by Epsilon or Crelt.
You
warrant that You bear the sole responsibility for maintaining the
confidentiality of Your account details and restricting access to
Your account in order to prohibit unauthorised use of Your account.
You further agree that in the event that Your account details have
been made known to any unauthorised person, You will forthwith
communicate the same to Us so that We may take action to restrict any
unauthorised use. You warrant that all information provided for
pre-registration is true and accurate.
Privacy
Policy
Both Crelt and Epsilon
may collect any information resulting from Your access and/or use of
the Website for the purpose of evaluating efficiency, comfort or
otherwise of the Website, or for any other reasonable purpose. You
understand and agree that the collection, storage, archiving, use or
analysis of such information shall be governed by the Privacy Policy.
The Privacy Policy can be accessed here.
Collection
of Data
You
understand and consent that Crelt and / or Epsilon may collect, monitor or track
your cookies, mouseclicks, page views and any other interactions made
with the Website for the purposes of enhancing customer experience,
smooth flow of interactions, reduction of data traffic, or any other
reasonable purpose.
Access
to Website
Crelt and Epsilon
warrants that it shall employ its best efforts to ensure the
continuous access of the Website to You. However, access to the
Website may be temporarily suspended owing to extraneous causes,
downtimes, site maintenances, or for the introduction of additional
features
Content
of the Website
All
information available on the Website (including but not limited to
copyrighted materials, trademarks or any other proprietary
information) shall not be copied, reproduced, duplicated, sold or
otherwise commercially exploited or used for non-commercial purposes
without the express consent of Crelt and Epsilon respectively. All text, data, code, logos,
designs, user interfaces, visual interfaces, marks, artworks, images,
graphics available on the Website are the exclusive property of
Crelt or Epsilon as the case may be, and You are refrained from committing any of the acts
stipulated above, or variations of the same that would otherwise
result in injury to Crelt and /or Epsilon.
Prohibited
Uses of the Website
You
agree, undertake and confirm that You shall:
-
Not
introduce any virus, ransomware, worm, spyware or similar programs
that might impair, burden, disrupt or otherwise tamper with the
normal performance or functioning of the Website
-
Not
employ scraping, robots, spiders or any other data mining technology
to gain access, monitor, or extract commercial information hosted on
the Website or stored on the server of the Website
-
Not
copy, modify, alter, delete or otherwise adversely affect the
content displayed on the Website
-
Not
use the Website or any information contained on it for any unlawful,
fraudulent, harmful or illegal purposes or in contravention to
applicable data protection regulations
-
Not
directly or indirectly alter, remove or attempt to alter or remove
any trademark, copyright or other proprietary or legal notices
appearing on the Website or on any contents appearing on the Website
-
Not
deliberately impersonate another person, whether real or fictional
or otherwise misrepresent Your affiliation with a person or entity
-
Not
circumvent any security or authentication measures employed on the
Website. You shall not trace or seek to trace any information about
any other user of the Website
Product
Pricings and Payments
Both Crelt and
warrants that it shall endeavour to always display the true and
accurate price of its Products and its other associated products or
services on the Website. We may also offer the option of custom
pricing based on any specific requests from Members for their
requirements of bulk quantitities and / or any variants to our
standard offers published on our websites. However, You agree and
consent to any modifications required to be made to the pricing of
the product either before or within a reasonable time of entering
into a subscription to the product, owing to human error, changes in
applicable taxes, market fluctuations, changes in company policy, and
other extenuating circumstances that would ordinarily affect prices
in the market. You further agree that We shall not be liable for
any losses resulting from such modifications in pricing executed in
accordance with this clause.
Unless
otherwise stated on the Website, all payments to Us shall be
made in Indian Rupees. You shall be solely responsible for compliance
of all applicable laws while making payments to Us.
Electronic
Communications
All
communications made between Us and You shall be made through displays
on the Website, and it shall be Your duty to avail yourself to such
communications made through the Website. You
agree that all postings, notices, disclosures, or other
communications that We provide to You electronically shall satisfy
any legal requirements that such communications be in writing.
Representations
and Warranties
We
represent and warrant that the products, services and information on
the Website are provided “as is" and Crelt and /or Epsilon and its officers,
directors, employees, and agents makes no warranties, and
hereby disclaims any express or implied warranties, including, but
not limited to, the implied warranties of performance, accuracy,
non-infringement of particular purpose and fitness for a particular
purpose. In no event shall Epsilon be liable for any direct,
indirect, incidental, special, exemplary, or consequential damages
(including, but not limited to, procurement of substitute goods or
services; loss of use, data, or profits; or business interruption)
however caused and on any theory of liability, whether in contract,
strict liability, or tort (including negligence or otherwise) arising
in any way out of the use of the Website.
You
agree that Your use of the Website shall be at Your sole risk. To the
fullest extent permitted by law, We disclaim all warranties, express
or implied, in connection with Your use of the Website.
We
make no representations or guarantees and disclaim that the Website
will be free from loss, destruction, damage, hacking or security
intrusion, corruption, attack, any interruption or cessation of
transmission to or from our services, any bugs, viruses, Trojan
horses, or the like which may be transmitted to or through the
Website by any third party, and/or any errors or omissions in any
information or for any loss or damage of any kind incurred as a
result of the use of any information posted, emailed, transmitted, or
otherwise made available via the Website.
We
do not warrant, endorse, guarantee, or assume responsibility for any
information or products advertised or offered by a third party
through any hyperlinked services
or featured in any banner or other advertisements, and We will not be
a party to or in any way be responsible for monitoring any
transaction between You and third-party providers of products or
services. You should use Your best judgment and exercise caution,
interference, personal injury or property damage, of any nature
whatsoever, resulting from Your access to and use of the Website.
Intellectual
Property
All
rights, title and interest including all intellectual property rights
in the Website and its contents including without limitation, texts,
logos, designs, images, formats, documents, videos, links, graphics
and all other materials published on this Website(s) (hereinafter
collectively referred to as “Contents”) are the sole and
exclusive property of Crelt and /or Epsilon.
You
shall not directly or indirectly, copy, reproduce, modify, edit,
amend, alter, vary, enhance, improve, upgrade, create derivative
works, translate, adapt, abridge, delete, display, perform, publish,
distribute, circulate, communicate to the public, disseminate,
transmit, sell, rent, lease, lend, assign, license, sub-license,
market, promote, circulate, exploit, digitally alter or manipulate
the Website or the Contents or any parts thereof in any manner,
without Our prior written permission.
Disclaimer
of Liability
To
the maximum extent permitted by applicable law, in no event shall We
be liable for any direct, indirect, incidental, punitive, special or
consequential damages, for loss of profits or confidential or other
information, for business interruption, for personal injury, for loss
of privacy, for failure to meet any duty including of good faith or
of reasonable care, for negligence, and for any other pecuniary or
other loss whatsoever arising out of or in any way related to the use
or inability to use the Website and any loss or damage arising out of
or in relation to Acts of God or act of third party that is beyond
our control.
Modifications
We
reserve the right to update, revise, supplement, and otherwise modify
these Terms of Use and to impose new or additional rules, policies,
terms, or conditions on Your use of the Website, at any time, without
notice to You. Any material updates, revisions, supplements,
modifications, and additional rules, policies, terms, and conditions
will be posted on the Website and will be effective immediately after
such posting and thereafter automatically incorporated into these
Terms. You hereby agree to be bound by all such additional terms and
Your continuous use of the Website shall be deemed to be the
acceptance of such terms.
Indemnity
You
hereby agree to indemnify and hold harmless both Crelt and and its
employees, directors, proprietor, affiliates, associates and agents
from and against any and all claims, damages, obligations, losses,
liabilities, costs or debts and expenses including reasonable
attorney’s fees arising directly or indirectly from Your breach of
these Terms.
Governing
Law and Jurisdiction
This
Agreement shall be governed, interpreted and construed in accordance
with the laws in force in India and is subject to the exclusive
jurisdiction of the courts at Mumbai, India.
Any
and all disputes under this Agreement shall be referred to a sole
Arbitrator, who shall be mutually appointed by the parties. However,
if the Parties are unable to mutually appoint an arbitrator, such
arbitrator shall be appointed by the competent court in Mumbai having
appropriate jurisdiction as per the Arbitration and Conciliation Act,
1996 (as amended from time to time) (“Arbitration Act”). The
venue of the arbitration shall be Mumbai. The proceedings of the
arbitration shall be in English. The parties hereby agree that the
arbitrator’s award shall be binding on the parties. The arbitration
proceedings shall be governed by the Arbitration Act. All costs of
such arbitration shall be borne equally between the parties.
Severability
If
any provision hereof is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity
or operation of any other provision and such invalid provision shall
be deemed to be severed from these Terms of Use.
You
acknowledge that You have read and understood this Agreement and You,
out of Your free will, unconditionally accept to be bound by the
same.