This document is an electronic record in terms of international Information Technology law and thus, this electronic record is generated by a computer system and does not require any physical or digital signatures.
PLEASE READ THE FOLLOWING TERMS OF SERVICES (HEREINAFTER REFERRED TO AS THE "TERMS") VERY CAREFULLY BEFORE AVAILING ANY SERVICE(S), AS ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT AND SHOWS YOUR ACCEPTANCE OF AND COMPLIANCE THEREWITH THE FOLLOWING TERMS AND CONDITIONS.
By availing any service through our online e-commerce portal you agree that you have read, understood and are bound by all the Clauses in the Terms and the Terms in entirety, regardless of how you purchase or use or delegate the services offered herein. If you do not want to be bound by the Terms, you must not purchase or avail or use our products/services.
Schemaphic® Systems offer applications and software related to web development, innovative technological development as well as application development for Smartphones.
GLOSSARY OF REFERENCES
In these Terms, the following words and expressions are used in the following senses, unless contrary intention appears explicitly from the context:
1. "You" or "Buyer" or any other implicit term to such regard shall mean the End Buyer accessing the website & its contents and using the Service(s) offered or buying any product through the website or by the provider(s) and proprietors of the website.
2. "We", "Us" and "Our(s)" shall mean Company owners, owners of the domain name www.schemaphic.com, its proprietor, and partners only.
3. "Website" or "the site" shall thereby mean www.schemaphic.com
4. "Company" shall mean Schemaphic® Systems registered office at 256A, N. S. C. Bose Road, Kolkata, West Bengal, 700047, India "Guest Buyer" shall mean any entity that browses through the website without any formality that involves logging in.
5. "Services" may mean inclusive of but not limited to, purchasing any development product or services offered through the website, and any other services that are provided to the specific category of Buyers to whom this. In case of additional reference to the term 'service(s)' occurs, the same would be elaborated in that context.
6. "Service Provider" means independent third party service providers, or as under s.512 of the Digital Millennium Copyright Act. Other terms and references would be explained in context as and when they occur.
ABOUT THE TERMS
A. The Company reserves the right to update the terms at any time without notice to Buyer. The most current version of the terms can be reviewed by clicking on the "Terms of Services" hypertext link located at the bottom of our Website.
C. Use of the website is offered to you conditioned on your acceptance without modification of any of and all the terms, conditions and notices contained in these Terms, as may be posted on the Website.
E. The Schemaphic® Systems offers web and application development services and products.
DESCRIPTION OF SERVICES
A. Schemaphic® Systems is providing its Buyers the "Service(s)" that are currently inclusive of but not limited to, purchasing any services or technological product through the website. The Company would be then entitled to receive the payment for such rendering of Services through the Buyer via gateway payment or credit or debit or any e-payment gateway.
B. The Schemaphic® Systems offers software user a centralize hub where market news and stock information is available to help investor tract and follow various industries as well as various companies in different stock markets or owners or managers or incubators or venture capitalist directly through innovating ways.
ACCEPTANCE OF THE TERMS
A. This is a standard Agreement as per general principles of Contract Law and the buyer's acceptance binds the buyer, irrevocably without any exception, to all the Clauses of these Terms and in entirety of the Terms. The terms may change and the "BUYERS" are liable to pay sale tax before accepting the terms as per the laws of the state.
B. This Agreement, which incorporates by reference other provisions applicable to use of the Website but not limited to, supplemental terms and conditions set forth hereof governing the use of certain specific material contained in the website or the services, sets forth the terms and conditions that apply to use of using Schemaphic® Systems or the website (other than to read this Agreement for the first time), buyer agrees to comply with all of the terms and conditions hereof.
C. Schemaphic® Systems shall have the right at any time to change or discontinue any aspect or feature of Schemaphic® Systems, including, but not limited to, content, hours of availability, and equipment needed for access or use.
RULES WITH RESPECT TO BUYER CONDUCT
A. You shall use the website for all lawful purposes only.
B. You shall not store, post, or transmit through the website and any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the said website management express prior approval, contains advertising or any solicitation with respect to products or services. Schemaphic® Systems, as a policy and technicality, never views any of the information stored on its system.
C. The website and the services offered contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the website and innovative services are copyrighted as a collective work under the copyright laws of India, and world conventions with respect to intellectual property, like the Agreement for Trade Related Aspects of Intellectual Property Rights (TRIPS), etc to name a few; is subject to Berne Convention, Hague Agreement, Madrid Protocol, Paris Convention, Patent Cooperation Treaty, Washington Treaty, WIPO Convention and WIPO Copyright Treaty, being in force by instruments of accession or ratification.
D. Schemaphic® Systems owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only.
E. Except, and until, as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SCHEMAPHIC® SYSTEMS, and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
F. You also acknowledge that the same does not acquire any ownership rights by downloading copyrighted material.
G. You shall not upload, post or otherwise make available on SCHEMAPHIC® SYSTEMS any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you.
H. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
I. The above mentioned sections are for the benefit of SCHEMAPHIC® SYSTEMS, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
RULES WITH RESPECT TO USE OF SERVICES:
A. You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. Merely by way of example, and not as a construed limitation, you agree and undertake that when using a Service.
YOU WILL NOT:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; no details of the clients who is responding to the feedback will be given to the buyer.
4. Upload or distribute files that contain viruses, corrupted files, not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or any other similar software or programs that may damage the operation of the Website.
5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
6. Attack the Website via a denial-of-service attack or to distribute a denial-of service attack.
7. Download any file posted by another Buyer of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
9. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
10. Violate any applicable laws or regulations for the time being in force in or outside India.
11. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
A. You agree, undertake and confirm that your use of SCHEMAPHIC® SYSTEMS shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information:
1. Belongs to another person and to which You do not have any right to;
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act,;
3. Misleading in any way;
4. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. Harasses or advocates harassment of another person;
6. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
7. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. Infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
9. Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13. Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
14. Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End Buyer Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other Buyers;
15. Engages in commercial activities and/or sales without SCHEMAPHIC's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout these Terms, SCHEMAPHIC® SYSTEMS "prior written consent" means a communication coming from SCHEMAPHIC® SYSTEMSâ€™s Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
16. Solicits gambling or engages in any gambling activity which SCHEMAPHIC® SYSTEMS, in its sole discretion, believes is or could be construed as being illegal;
18. Harm minors in any way;
19. Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
20. Violates any law for the time being in force;
21. Deceives or misleads the addressee/Buyers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
22. Impersonate another person.
23. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan Horses, Worms, Time Bombs, Cancel Bots, Easter Eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
24. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
25. Shall not be false, inaccurate or misleading.
26. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
27. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
B. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and/or the innovative services or products or any development, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website and/or the innovative services or products. SCHEMAPHIC® SYSTEMS reserves the right to bar any such activity. SCHEMAPHIC® SYSTEMS when provides numerical digital number the management of the company cannot guarantee any specific desire number the number directs from a third party vendor, and the said website cannot be held liable for any specific choice of number.
C. You shall not attempt to gain unauthorized access to any portion or feature of SCHEMAPHIC® SYSTEMS website and the innovative services or products, or any other systems or networks connected to SCHEMAPHIC® SYSTEMS any SCHEMAPHIC® SYSTEMS server, computer, network, or to any of the services offered on or through SCHEMAPHIC® SYSTEMS website or the innovative services or products, by hacking, password "mining" or any other illegitimate means.
D. You shall not probe, scan or test the vulnerability of SCHEMAPHIC® SYSTEMS website or any networks neither connected to them nor breach the security or authentication measures on website and the innovative services or products or any network connected to SCHEMAPHIC® SYSTEMS website. You may not reverse look-up, trace or seek to trace any information on any other Buyer of or visitor to SCHEMAPHIC® SYSTEMS website or any other customer of SCHEMAPHIC® SYSTEMS , SCHEMAPHIC® SYSTEMS account not owned by you, to its source, or exploit SCHEMAPHIC® SYSTEMS website or any service or information made available or offered by or through SCHEMAPHIC® SYSTEMS website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
E. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of SCHEMAPHIC® SYSTEMS website or SCHEMAPHIC® SYSTEMS's systems or networks, or any systems or networks connected to SCHEMAPHIC® SYSTEMS or its services.
F. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website and any transaction being conducted on the website, or with any other person's use of the website.
G. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SCHEMAPHIC® SYSTEMS on or through the internet or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the website and or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of SCHEMAPHIC® SYSTEMS or others.
I. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Buyers in any manner.
J. You shall not engage in advertising to, or solicitation of SCHEMAPHIC® SYSTEMS to buy or sell any products or services, including, but not limited to, products or services related being displayed on SCHEMAPHIC® SYSTEMS to SCHEMAPHIC® SYSTEMS without the company said consent. You may not transmit any chain letters or unsolicited commercial or junk email to other Buyers via SCHEMAPHIC® SYSTEMS. It shall be a violation of these Terms to use any information obtained from SCHEMAPHIC® SYSTEMS in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the SCHEMAPHIC® SYSTEMS without SCHEMAPHIC® SYSTEMS's prior explicit consent. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
L. It is possible that other Buyers (including unauthorized Buyers or "hackers") may post or transmit offensive or obscene materials on SCHEMAPHIC® SYSTEMS and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of SCHEMAPHIC® SYSTEMS, and that the recipient may use such information to harass or injure you. SCHEMAPHIC® SYSTEMS does not approve of such unauthorized uses but by using the SCHEMAPHIC® SYSTEMS website or the innovative services or products you acknowledge and agree that SCHEMAPHIC® SYSTEMS is not responsible for the use of any personal information that you publicly disclose or share with others on SCHEMAPHIC® SYSTEMS. Please carefully select the type of information that you publicly disclose or share with others on SCHEMAPHIC® SYSTEMS.
M. SCHEMAPHIC® SYSTEMS shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
A. You agree to indemnify and keep indemnified SCHEMAPHIC® SYSTEMS and its partners from time to time being, its affiliates and their respective directors, officers, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, alleging or resulting from your use or misuse of the Material or your breach of these Terms, except to the extent that such claims, liabilities, damages, costs, actions or demands are caused by SCHEMAPHIC® SYSTEMS.
A. All such intellectual property that appear on the website and/or the innovative services or products or are related to SCHEMAPHIC® SYSTEMS or that refer to SCHEMAPHIC® SYSTEMS or are associated with SCHEMAPHIC® SYSTEMS that fall under the category of materials that are protected as copyrights, have been so protected and are registered copyrights of SCHEMAPHIC® SYSTEMS. If any buyer or Buyer or client willing to use the name or the intellectual property of the said website need to have permission from the management or else will be held liable of violation of this term.
B. Transferability of economic rights of copyrighted material is subject to the discretion of SCHEMAPHIC® SYSTEMS, on notice thereby provided by SCHEMAPHIC® SYSTEMS, in case, if any.
C. Moral and ethical rights with respect to the same shall however irrevocably and without right of waiver shall rest with SCHEMAPHIC® SYSTEMS.
A. SCHEMAPHIC® SYSTEMS and its logos are trademarks of the Company. All rights are reserved. All other trademarks appearing on SCHEMAPHIC® SYSTEMS website and products are the property of their respective owners.
B. Understanding that trademarks fall under the category of industrial property with respect to intellectual property rights, and are governed by municipal laws and international norms therein, associated and administered by the treaties, bureau and conventions of the WIPO, the names of actual companies and products mentioned herein may be the trademarks of their respective owners.
C. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real Company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
ABOUT NOTICE IN ACCORDANCE WITH THE DMCA
If you believe that content available by means of the Website and/or the innovative services or products infringes one or more of your copyrights, please notify us by providing a written notice ("Infringement Notice") containing the information described below to the designated agent listed below. If SCHEMAPHIC® SYSTEMS takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to SCHEMAPHIC® SYSTEMS.
Your Infringement Notice may be forwarded to the party that made the content available or to relevant third parties. Please be advised that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website and/or the innovative services or products infringes your copyright, you should consider first contacting an attorney.
A. These Terms have been constructed in accordance and consonance with the existing laws of the India; and this Agreement shall be construed in accordance with the laws of the India without any adherence to any conflict of law principles.
B. The Agreement shall be governed by the laws of the India existing therein at any point in time, without any reference to general or extraordinary principles and disputes relating to Conflict of Laws or Private International Law, arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at India, West Bengal.
C. All appeals shall be with respect to, and shall undergo, the specific legal/judicial system of India with the hold of jurisdiction and maintainability of the suit therein with respect to location of the Company.
D. However, the aforementioned legal provisions are subject to alteration at any point in time, without any prior notice, and the intent and interests of the Company shall have precedence and holding over any dispute that may arise.
If any provision of the Terms is determined to be not qualified or invalid or unenforceable in whole or in part, such disqualification or invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of these Terms shall continue to be in full force and effect.
ANY PARTICULAR RIGHT(S) WHICH IS/ARE NOT EXPRESSLY GRANTED HEREIN IS/ARE RESERVED BY SCHEMAPHIC® SYSTEMS AND IS NOT WAIVED IN ANY SITUATION WHATESOEVER.