For the purpose of these terms, except when the context requires otherwise, everything that is in the singular shall include the plural and whatever refers to the masculine shall include the feminine. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Wherever the context so requires, “You” or “user” shall mean any natural or legal person, who is accessing our website or using the Service, in any manner, whatsoever, through any means. The term “Company”, “we”, “us”, “our” “INTELLISENSE”, shall mean INTELLISENSE TECHNOLOGY. “Third Party Service Provider” shall means licensors, suppliers, information providers and other vendors who provide their products and services through our Platform. “User”, “Customer”, “Client”, shall mean any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided through our Platform.
Please read & understand the terms carefully before using or obtaining any products, services or content through our Service. It is important for you to read the entirety of and understand this document as it governs the use of the Official Website and all content, services and products made available through it and check it periodically for changes. By accessing our Service, you are agreeing to be bound by all applicable laws & regulations. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT USE THE SERVICE.
1. EFFECTIVENESS OF THE TERMS
- Compliance with local laws: Check all state, federal and local laws before accessing our Site or using the Service. Federal or local law governs the use of some types of services; it is responsibility of the user to follow such laws.
However, if you are under the age of consent (in your jurisdiction) to form a binding agreement or are not entitled to use our Service because of laws applicable at the place where you reside, then you cannot accept our terms & are refrained from using the Website and other Services.
- Restrictions on use: In some areas there may be restrictions on the use of our Service. It is your responsibility to ensure that you are legally allowed to use our Services where you are located. We expressly disclaim any responsibility or liability in this regard.
2. CHANGES/MODIFICATIONS/ALTERATIONS TO THE TERMS
The Company reserves the right to change, modify, alter or revise in any form, these terms, from time to time. The changes will take immediate effect when published. Therefore, you are advised to review the terms at regular intervals to keep yourself updated with such changes. Your express acceptance of the revised terms or usage of Service after the date of publication of revised terms will be taken as your agreement to the updated terms. If you do not agree to such changes/modifications/alterations to the terms, you may terminate your relation with the Company in accordance with “TERMINATION OF AGREEMENT” as explained in Clause 7 of these Terms.
3. SERVICE LEVEL AGREEMENTS
The Company is engaged in providing software development, consultancy, maintenance and other allied services according to Client Specifications.
IT IS HEREBY EXPRESSLY CLARIFIED THAT EVERY USER/CLIENT DESIROUS OF AVAILING OUR SERVICES WILL HAVE TO ENTER IN INTO SEPARATE SERVICE AGREEMENT WITH THE COMPANY, WHICH WILL DETERMINE THE NATURE OF THE SERVICE TO BE PROVIDED AND THE TERMS ON WHICH THEY WILL BE PROVIDED. THE TERMS OF THE SAID SERVICE AGREEMENT SHALL PREVAIL IN CASE OF ANY CONFLICT WITH THESE USER TERMS.
For all other Users of the Site (not entering into service level agreement with us), these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Service and Content.
The parties to this agreement shall unless put repugnant to the context, means & include its subsidiaries, successors, legal heirs, assignees, executors & administrators etc.
4. LICENSE TO USE
4.1. The website is owned by Intellisense Technology. The Company provides you limited, non-exclusive, non-transferable, non-sub licensable license to use the Site on a computer or smart phone or any other device that you own or control. Further your use of the Site is subject to the following restrictions:
- You may not sell, rent, redistribute, sub-license, lease, or otherwise grant any rights to a third party to use the Official Website.
- You may not undertake or try to copy, edit, modify, decript, hack or discover the source code or protocols of the Site or attempt to decompile, disassemble or reverse engineer the Software of the Official Website.
- You may not distribute or make the Site available over a network where it could be used by multiple devices at the same time
- In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights.
- Your use of the Site as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service.
- If you breach these restrictions, you may be subject to prosecution and damages. These terms will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern
4.2. Continued use or availability: The Company reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Site without notice to you and neither the Company, its affiliates nor any of their respective licensors shall be liable to you or any third party, should it exercise such rights.
5. OWNSHIP & PROPRIETARY RIGHTS
- 5.1. The intellectual property rights and other proprietary rights (including, without limiting, copyrights, trademarks, trade names, Intellisense Technology logo & brand names) to the Service are owned by the Company. The software applications providing you the Service (videos, text, pictures etc) & the associated documentation ( in any form) including any improvement, modifications, upgrades & future updates, provided in any manner, are the sole property of the Company and are licensed to you by the Company. All the rights (including, without limiting, ownership rights) of the content posted by the Company on the Site are reserved by the Company whether registered or not. This content can’t be used in any manner, whatsoever, without the prior permission & written consent of the Company. You will not take any action to jeopardize, limit or interfere with our intellectual property rights in the application software and the Official Website. Your use of our Service does not grant to you, nor do you acquire any ownership rights in our Technology.
- 5.2. No reliance: The Site may contain content in the form of text, images, videos, graphics, audio-visual productions, facts or other information created by the Company. Such content is only for your reference & should not be relied upon for any purposes. You acknowledge and agree that no claims can be made in relation to its accuracy & reliability and the Company does not assume responsibility of any sorts, in relation to its contents. The Company is under no obligation to you for providing any feedback about the site, applications or services. Likewise, you are not obligated to provide that sort of feedback to us.
- 5.3. Links to our site: Those wishing to place a link to the Official Intellisense Technology Website on other sites may do so only to the home page of the site IntellisenseTechnology.ca without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of the Company. Any web site that links to the Official Site:
- must not frame or create a browser or border environment around any of the Content of the Official Site and may link to, but not replicate, the Content;
- must not imply that the Company or the Official Website are endorsing or sponsoring it or its products, unless the Company has given its prior written consent and must not present false information about the Company or its products or services ;
- must not use any Intellisense Technology trademarks without the prior written permission from Company; and must not contain content that could be construed as distasteful, offensive or controversial.
6. PAYMENTS & REFUNDS
- 6.1. The price/charges payable for a Product or Service will be clearly set out on our quotation to you and/or in the Service Agreement as per Clause 3. Client will pay the Company for the Work of services rendered during the term of this agreement. The Company shall invoice Client as per the Terms of the Service Agreement. In the event of termination without cause, Client agrees to pay the Company for all of Development Work performed up to the date of termination.
- 6.2. As a User Customer, once you have availed any of our Services, you are required to make payment in full for the services received. Charges paid by you are final and non-refundable, unless otherwise determined. You represent and warrant that if you are making payment for any purchases to us or our Merchants (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. The Company shall be relieved of its obligations under this Agreement in the event of non-payment of the Fees or expenses due and shall retain the rights in the Services for which the amount is outstanding
- 6.3. Cancellations: In case the customer is not willing to continue with availment of the services of the Company, then he can do so after giving due notice to the company. In such a case, all the payments already made to the Company by the Customer shall be adjusted and he/she shall also be liable for any payment due in relation to the Services till the date of such Cancellation. All monies paid by you to us are non-refundable and cancellation and/or termination of this Agreement by you at any time for any reason will not entitle you to a refund of monies paid.
- 6.3. Mode of payment: You can make payment to the Company through Bank Transfers or PayPal or through your debit/credit cards via our Payment Gateway. You agree that we may verify and authorize your Card details, in case you are making payment from your Debit/Credit Card, when you first register the Card with us as well as when you make payment through it. In the event of credit card payment, you will provide us with valid and updated credit card information and other documents reasonably acceptable to us and you authorise us to charge such credit card for all Services set out in the payment terms.
- 6.5 Taxes:Applicable taxes will be added to the amount of service charges payable by the User Customer/Client. You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
- 6.7 Unsuccessful/Delayed Payments:You are responsible for maintaining all accounts (bank accounts, credit/debit cards) in such a manner as to assure that the amount billed is covered. You understand that in some cases, you may be charged by your banker for any unsuccessful payments. In the event that payment is refused by your bank, credit/debit card provider, you are responsible for any and all expenses, including collection expenses and reasonable attorney’s fees, incurred by us as a result of such non receipt of payment. In the event that payments are delayed due to your fault, INTELLISENSE TECHNOLOGY reserves the right to charge interest up to the maximum statutory interest rate, in addition to a processing fee for delayed payment. In addition, in the event that INTELLISENSE TECHNOLOGY suffers damages in excess of the amounts collected pursuant to this, INTELLISENSE TECHNOLOGY shall not be barred from claiming such additional damages.
For more details on pricing, please contact us.
7. LIMITATION OF LIABILITIES & DISCLAIMER OF WARRANTIES
- 7.1 The Company warrants that its Work will be performed in a workmanlike manner and in conformity with generally prevailing industry standards.
- 7.2 WE ALWAYS STRIVE TO KEEP OUR SITE ACCESSIBLE & BUG FREE. BUT THE APPLICATION SOFTWARES & THE SITE & SERVICES ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF ANY INTELLECTUAL OR PROPRIETARY RIGHTS OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THAT OUR SITE WILL ALWAYS BE AVAILABLE WITHOUT DISRUPTIONS OR DELAYS NOR WE GUARANTEE THAT THEY WILL BE SECURED, ACCURATE, SAFE AND ERROR FREE.MOREOVER, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR OTHER ECONOMIC DAMAGE, (INCLUDING, WITHOUT LIMITING, LOSS OF ANY BUSINESS PROFITS/REVENUES OR LOSS OF GOODWILL OR DAMAGE TO DATA OR SERVICE INTERRUPTION OR DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- 7.3 IN ALL CASES OUR LIABILITY WILL BE LIMITED TO FULLEST EXTENT PERMITTED BY LAW. WE DO NOT ASSUME ANY RESPONISIBITY FROM USE OF THE SITE BY ANY OF THE USERS UNLESS WE EXPRESSLY TAKE THE RESPONSIBILITY FOR THE SAME. IN NO EVENT WILL OUR TOTAL LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE PAST 365 DAYS FOR THE SERVICES GIVING RISE TO THE CLAIM, SUBJECT TO THE APPLICABLE TERMS OF THE SERVICE AGREEMENT (CLAUSE 3).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY.
- 7.5 Indemnity- You agree to indemnify and hold Intellisense Technology and its Partners, officers, directors, employees and agents harmless from and against any claims, disputes, demands or liabilities, arising out or in any way connected with (i) your access to or use of our Service or Content, or (ii) your Submissions & Content, or (iii) your violation of these Terms, or (iv) your violation of third party intellectual property rights, (v) your conduct, in any manner whatsoever. You will indemnify us for damages, losses, expenses, costs, including, without limiting, reasonable legal and accounting fees if any, suffered by us due to any and all such claims.
- 7.6 ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
8. TERMINATION OF AGREEMENT
- 8.1 Either party may terminate this agreement for any reason on 7 Business Days’ notice to the other party.
- 8.2 As far as agreements with regard to Information Technology related Services is concerned, if any User/Customer terminates the agreement with Intellisense Technology out of his own will, he/she shall be liable to pay us the entire fees accrued and expenses incurred with respect to such Service till the date of termination of agreement in addition to penalties, interests, if any.
- 8.3 Termination for Material Breach: Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and the failure, inaccuracy, or breach continues for a period of 30 Business Days' after the injured party delivers notice to the breaching party reasonably detailing the breach.
- 8.4 Termination for Insolvency: If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, the other party may terminate this agreement with immediate effect.
- 8.5 Effect of Termination.
- Termination of Obligations: Subject to Clause 6 of this agreement, on termination or expiration of this agreement, each party's rights and obligations under this agreement will cease immediately.
- Payment Obligations: Even after termination or expiration of this agreement, you shall pay any amounts you owe to the Company, including payment obligations for services already rendered, work already performed, goods already delivered, or expenses already incurred
- No Further Liability: On termination or expiration of this agreement, neither party will be liable to the other party, except for liability that arose before the termination or expiration of this agreement, or arising after the termination or expiration of this agreement and in connection with Clauses relating to ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Return of Property: On termination or expiration of this agreement, or on Customer’s request, the Company shall return to the Customer all originals of the information, documents, equipment, files, and other property, including Intellectual Property, it received from the Customer and destroy all copies of the information, documents, equipment, files, and other property, including Intellectual Property, made available by the Customer, provided there are no payments due to the Company.
- 8.6 We reserve the right to terminate your use of our Site and services at any time. We may terminate this agreement (without any effect on the legal rights that we may have against you), if:
- You are using our Service for any illegal purpose or activity, whatsoever or with a fraudulent intention; or
- You fail to comply with the obligation to pay all fees due to us when they are due or fail to honour your any other commitment as a User Customer
- It is necessary to do so to comply with any law, rule or regulation or we think it is necessary to do so; or
- The partner with whom the Company offered the Service to you has terminated its relationship with the Company or ceased to offer the Service to you; or
- The Company is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the service; or
- The provision of the Service to you by the Company is, in the Company’s opinion, no longer commercially viable.
10. GENERAL TERMS
- 10.1 You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Site or the Services.
- 10.2 Delays:
The Company shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labour difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders.
- 10.4 Maintenance:Sometimes, due to maintenance or up gradation of Service or otherwise, your access to the Service may be limited or suspended. This is inevitable so as to provide you the best of our Service. You agree & understand that you will not be entitled to claim damages for suspension or limitation of use.
- The partner with whom the Company offered the Service to you has terminated its relationship with the Company or ceased to offer the Service to you; or
- 10.5 Unforeseen Circumstances: We cannot guarantee that our Service and the Site will be available without any interruptions, delays or errors. There are many factors which may disrupt our Service and over which we do not have any control. We do not take any responsibility in such cases and we will not be in breach of any of our obligations towards you under these terms.
- 10.6 Third-party Websites: You may find links to other websites while using our Service. However, we are not, at all, responsible for the content of such other websites and we do not endorse, warrant or guarantee the products or Service described or offered in such websites. These Third Party Sites are provided solely as a convenience to you and you must make your own independent judgment regarding your interaction with these Third Party Sites. You acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- 10.7 Waiver: The Company never gives up its right to insist on compliance with the terms of this Agreement and with the applicable laws governing the conduct of a User. No failure of the Company to exercise any right or power under the Agreement or to insist upon strict compliance by a User with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of the Company’s right to demand exact compliance with the Agreement. The waiver of any such right or provision will be effective only if the same is in writing and duly signed by an authorised representative of the Company. The Company’s waiver of any particular breach of a User shall not affect or impair the Company’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other User. Nor shall any delay or omission by the Company to exercise any right arising from a breach affect or impair the Company’s rights as to that or any subsequent breach. The allegation or existence of any claim or cause of action of a User against the Company shall not constitute a defence to the Company’s enforcement of any term or provision of the Agreement. Further, except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- 10.8 We reserve all the rights not expressly granted to you.
- 10.9 Severability: If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement
- 10.10 Transferability: You acknowledge and agree that you cannot transfer any of your rights or obligations under these terms or agreement to anyone else, in any manner, whatsoever, without prior notice and our express permission. However, we can freely assign these terms or any rights or obligation contained in them to any third party, without any prior notice.
- 10.11 Notices: Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed to be the date, on which such notice is transmitted.
- 10.12 Language: This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
- 10.13 Disputes: If you have any complaint in relation to the service provided then that dispute must be taken up with the company directly and we will try to resolve the dispute. Any complaint in respect of the Services must be communicated to the Company within 24 hours of using the Service.
- 10.14 Governing Law & Jurisdiction: These terms and conditions and the relationship between you and the Company shall be governed by and construed in accordance with the Laws of India and the Company and you agree to submit to the exclusive jurisdiction of the Courts of Jalandhar, Punjab, India. If either party to this Agreement believes that it will suffer irreparable damage as a result of the actions of the other party, it may seek injunctive relief, by filing a judicial application for injunctive relief with applicable jurisdiction and venue. You agree that any claim you may have arising out of or related to this Agreement or your relationship with the Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Further, each party shall bear its own attorneys’ fees and the costs and expenses charged by a court without regard to the outcome.
Your use of the Site and Service may also be subject to other local, state, national, or international laws.
INTELLISENSE TECHNOLOGY has its registered office at B1/823/1A, AMAN NAGAR, TANDA ROAD, JALANDHAR, PUNJAB
FOR ANY CLARIFICATIONS OR IN CASE OF ANY DOUBTS, YOU CAN SEND IN YOUR QUERIES AT CONTACT US.