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Terms of use

18

These terms of use of the Website (“Terms of Use“) describe the terms on which Evalueserve UK Limited, a company incorporated under the laws of England under company number 06810791, with its registered office at Lewis House, Great Chesterford Court, Great Chesterford, Essex, CB10 1PF (hereinafter referred to as “Evalueserve“) offers the users/ registrants of the Website (“You” or “Your” or “Yourself” or “User“) access to the Website located at www.evalueserve.com (“Website”). Your use of the Website constitutes Your agreement to all the terms, conditions and restrictions contained in these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST STOP ACCESSING AND USING THIS WEBSITE IMMEDIATELY.

IN ADDITION TO THESE TERMS OF USE, YOU SHALL ALSO BE BOUND BY THE PRIVACY POLICY OF THE WEBSITE AVAILABLE AT WWW.EVALUESERVE.COM (“Privacy Policy”).

Evalueserve is an English limited liability company and is registered for VAT with VAT number 981423611.

1. General

The Website is owned and operated by Evalueserve. Your use of the Website and Your access to it is subject to, and is conditional upon you accepting, all of the terms and conditions contained in these Terms of Use.

2. Eligibility to use the Website

  • You warrant and represent that you are accessing the Website for business purposes and that you are not acting as a consumer (i.e. accessing the Website for your own personal use rather than in connection with Your own business or on behalf of Your employer). If You are a consumer, You must stop accessing and using the Website.
  • If You are registering as, or on behalf of, a corporate entity, You warrant and represent that You have authority to bind that corporate entity and that you are duly authorized by the business entity to accept these Terms of Use and the Privacy Policy and You have the authority to bind that business entity to these Terms of Use and the Privacy Policy.

 3. User Account, Password, and Security

  • Evalueserve may make certain materials available to You through the Website only if You have provided Evalueserve with such User information as may be requested by Evalueserve on the Website and created an account (“Account“) utilizing an Evalueserve ID and password or any other valid email ID (collectively, the “Account Information“). The Website invites You to register as a User by creating an Account on the Website as a condition of providing you with access to such materials. You are responsible for maintaining the confidentiality of your Account information and are fully responsible for all activities that occur under Your Account.
  • You shall:
    • Provide such Account Information as may be required by Evalueserve as set out on the Website and shall provide such Account Information, and update and maintain such Account Information, to ensure that it remains true, accurate, current and complete;
      and
    • Immediately notify Evalueserve of any unauthorized use of Your Account and/or Account Information or any other breach of security.
  • Evalueserve may suspend (temporarily or indefinitely) or terminate or block access to the Website and/or Your Account at any time.

 4. Materials

  • The Website is a platform that facilitates the provision of materials such as case studies, white papers, articles, press releases, videos, ebooks, product sheets, product demos, and infographics (“Materials”) to You.
  • Your use of the Materials may also be subject to additional procedures for use, uploaded guidelines, rules, terms of service, disclaimers and notices, or any other additional terms and conditions as may be notified to You by Evalueserve from time to time (“Additional Terms“). If there is any conflict between these Terms of Use, and any Additional Terms, the Additional Terms shall prevail.
  • Subject to these Terms of Use, Evalueserve shall grant to You, a non-exclusive, perpetual, non-assignable, non-transferable, revocable and limited license to use the Materials and print copies of them only for use within your own business (the “Licensed Rights“). In exercising the Licensed Rights, You shall not:
    • Provide copies of, distribute, or otherwise make available any part of the Materials to any third party;
    • Sell, or charge any third party to receive any Materials;
    • Use the Materials, or any part of them, for the purposes of providing knowledge process outsourcing services, or any other services which are similar to or which compete with the goods and services provided by Evalueserve or any member of its group of companies;
    • Use the Materials, or any part of them, for the purposes of providing a service bureau, including, without limitation, providing third-party hosting, application integration, application service provider-type services, or for any similar services; or
    • Modify, translate, copy, adapt, distribute, transmit, display, perform, reproduce, publish, license, transfer, sell or create derivative works based on, the Materials save as expressly permitted in these Terms of Use.
  • Evalueserve may terminate, for any reason, Your right to exercise the Licensed Rights, immediately on notice and without any liability to You.

5. Your Obligations

  • You agree to use the Website and Materials only for purposes that are permitted by, and in accordance with: (a) these Terms of Use; (b) the Privacy Policy; (c) the Additional Terms; and (d) any applicable law.
  • You shall not:
    • Upload to the Website any content or files that: (a) contain viruses, corrupted files, or any other similar software or programs or material; (b) may damage the operation of the Website or another’s computer; (c) belong to another person and to which You do not have any right to; (d) is harassing, defamatory, libelous, obscene, pornographic, invasive of another’s privacy; (e) infringes any patent, trademark, copyright or other proprietary rights; (f) are deceiving or misleading; or (g) are otherwise unlawful in any respect;
    • Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
    • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Evalueserve server;
    • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    • Collect or store data about other users of the Website;
    • Violate any applicable laws or regulations for the time being in force;
    • Violate these Terms of Use, the Privacy Policy or any Additional Terms;
    • Reverse engineer, modify, decompile, disassemble, or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information contained on the Website provided by Evalueserve (including, without limitation, any Materials) save as expressly permitted in these Terms of Use; and
    • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

6. Intellectual Property Rights

  • Evalueserve owns (or licenses from third parties) all intellectual property rights including, without limitation, patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information, know-how,  in each case whether registered or unregistered, which subsist or which may in the future subsist in the Website and the Materials (“Evalueserve IP”). You shall not acquire any right in respect of the Evalueserve IP other than as expressly stated in these Terms of Use.
  • You may not delete or in any manner alter or remove any text, copyright, trademark, and other proprietary rights or in any Materials supplied to You. You agree to abide by all access and use restrictions contained in any Materials or content made available to You.
  • The trademarks, trade names, designs, logos and service marks displayed on the Website or incorporated in any Materials (“Marks”) are the property of Evalueserve. You are not permitted to use the Marks without the prior written consent of Evalueserve. You shall not refer to or attribute any information to Evalueserve in any public medium or otherwise imply any endorsement by, or relationship with, Evalueserve.
  • Except as expressly permitted in these Terms of Use, You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content appearing on the Website without Evalueserve’s prior written consent.

7. Third Party Content

The Website may provide links to third party websites, and some of the content appearing on the Website may be sourced from external sources (“Third Party Content“). The provision of Third Party Content to You is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources in relation to which Evalueserve has no control. Evalueserve does not provide any warranties to You with respect to any the Third Party Content and, subject to Section 9, Evalueserve shall not be liable for any loss suffered by You in connection with Your reliance on or use of such Third Party Content.

8. Termination

  • Evalueserve may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if:
    • Evalueserve determines that You breach any of the terms set out in these Terms of Use, the Privacy Policy, or any Additional Terms (or have acted in a manner that shows that You do not intend to, or are unable to, comply with the same);
    • If Evalueserve is unable to verify or authenticate any information You provide; or
    • If Evalueserve determines that Your actions may cause legal liability for You, other users or Evalueserve;

    (hereinafter the “Breach”).

  • You acknowledge that on termination of Your Account for any reason Evalueserve may: (i) remove or limit Your access to the Website; and (ii) delete Your Account and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof).
  • Subject to Section 9 below, Evalueserve shall not be liable to You or any third party for any termination of Your Account, Your access to the Website or the deletion of any Your Account Information or any other data or information relating to Your Account including, without limitation, pursuant to Section 8(b) above.
  • Notwithstanding the foregoing, these Terms of Use including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability will survive indefinitely unless and until Evalueserve chooses to amend  these Terms of Use in accordance with Section 11 below.

9. Disclaimer Of Warranties & Limitation of Liability

  • NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS EVALUESERVE’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
  • THE WEBSITE AND ALL MATERIALS ARE PROVIDED BY EVALUESERVE WITH REASONABLE SKILL AND CARE BUT ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
  • WITHOUT LIMITING THE GENERALILITY OF SECTION 9(b) ABOVE, EVALUESERVE MAKES NO WARRANTY THAT (I) THE WEBSITE   OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE WEBSITE, OR ACCESS TO THE MATERIALS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (II) THE QUALITY OF THE WEBSITE OR THE MATERIALS WILL MEET YOUR EXPECTATIONS.
  • SUBJECT TO SECTION 9(a) ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVALUESERVE SHALL NOT BE LIABLE FOR:
    • ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION;
    • ANY INTERRUPTION OR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OR FOR ANY OTHER REASON;
    • ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER-VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THERE FROM; OR
    • ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.
  • Each of parties acknowledges that the exclusions and limitations on Evalueserve’s liability set out in this Section 9 above are distinct and separate provisions. If any provision or part-provision of this Section 9 is or becomes invalid, illegal or unenforceable, the provisions of Section 13.c) shall apply.

10. Indemnity

You shall indemnify, defend and hold harmless Evalueserve from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including attorney’s fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Evalueserve that arise out of, result from, or may be payable by virtue of any Breach (as defined above) or any other breach or non-performance by You of any of the terms of these Terms of Use or Your use of the Website.

11. Amendment of these Terms of Use

Evalueserve may amend the Terms of Use at any time by publishing any amended or updated version of the Terms of Use on the Website. You should regularly visit the webpage at www.evalueserve.com  to view the most current version of the Terms of Use.

12. Privacy Policy

You hereby confirm that You have read and agree to all of the terms set out in the Privacy Policy available at www.evalueserve.com.

13. General Provisions

  • Notices
    All notices of Evalueserve will be served by email or by general notification on the Website. Any notice provided to Evalueserve pursuant to the Terms of Use should be sent to Evalueserve customer support, the contact details for which are available atinfo(@)evalueserve(.)com.
  • Assignment
    You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party.
  • Severability
    If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or 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.
  • Waiver
    Any failure by Evalueserve to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Evalueserve of that provision or right.

14. Governing Law

  • These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Evalueserve shall be governed in accordance with the laws of England and Wales.
  • You agree that all disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Evalueserve shall be subject to the exclusive jurisdiction of the courts of England and Wales.