1. Introduction
   1. The following Terms and Conditions of Use apply to your use of the website [www.technoessence.io] (“Website”) provided by Techno Essence Solutions Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at Unit 3rd Floor, Plot No. 67, Sector 12A, Dwarka, New Delhi – 110078, India (“Company”), that allows the users of the Company to access information about the services provided by the Company (hereinafter referred to as the “Services”) in accordance with these terms and conditions.
   2. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
   3. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of this Website, including the related mobile site and mobile application.
   4. These Terms and Conditions of Use together with the Privacy Policy [www.technoessence.io] and all other additional terms and conditions and policies posted on the Website (collectively referred to as “Terms and Conditions”) constitute a legally binding agreement between the user of the Website and Company, being the owner of the Website. Please read the Terms and Conditions carefully before proceeding, as by using the Website, you signify your agreement with these Terms and Conditions. If you do not agree with any of these Terms and Conditions, then please do not access the Website. In case of any discrepancy between these Terms and Conditions of Use and any other content on the Website, these Terms and Conditions of Use shall prevail. By confirming your acceptance to these Terms and Conditions, you hereby (a) represent and warrant that you are entitled to enter into agreement with Company and that no other person is accepting these Terms and Conditions on your behalf; and (b) accept the provisions of these Terms and Conditions and your responsibilities and obligations in all aspects related to your use of the Website. If you confirm these Terms and Conditions as an employee, agent, contractor or other representative any entity, you hereby represent and warrant that you have the right and authority to validly bind such entity.
   5. As part of the Website, Company may provide certain tools or guidance for the benefit of its users and to facilitate and support the selection, configuration, description of the Services provided by the Company. Any information or guidance which may be provided by Company to its users is solely for information purposes and the users, at their own discretion, may decide to follow such guidance.
   6. Company retains the right at any time to deny or suspend access to any or all sections of/services provided through the Website to any user, who Company believes, has violated any of the provisions of these Terms and Conditions.
2. Use of the Website
   1. Subject to the provisions of the Terms and Conditions of Use, by conveying your acceptance to the Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, limited and revocable right to access the Website for the purposes of accessing information about the Services provided by the Company.
   2. Company also reserves the right, either by itself or through third parties, to offer alerts, newsletters, e-mails and other promotional offers to you based on the query form submitted by the you through the Website.
   3. In the course of operating the Website, Company will be required to monitor your usage of the Website for legitimate purposes, such as (a) providing, maintaining and developing the Website; (b) preventing, detecting and repairing problems related to security and/or the operation of the Website; and (c) improving the user experience for accessing the Website.
3. Your Representations; Warranties and Indemnity
   1. You acknowledge, represent and warrant to Company as follows:
      
      a. You will be solely responsible for your use of this Website including content, material and information posted and published on the Website and you will use this Website legally and only for the purposes that it is intended to be used for.
      
      b. You will fully comply with these Terms and Conditions.
      
      c. You will be fully responsible for your use of this Website, including all financial charges and legal liability that you may incur.
      
      d. You acknowledge that the internet or Company’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond the control of Company. You acknowledge that Company will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
      
      e. You will indemnify Company, its affiliates, employees, experts, trainers, etc., as applicable, against any claim or demand, including reasonable legal fees, incurred by any of them due to or arising out of any content that you submit, post, transmit or make available through this Website; or any other website that chooses to link to or display the content; your use on or of this Website; any unlawful, unauthorized or prohibited use of this Website; and/or your violation of these Terms and Conditions.
   2. You hereby agree that you will indemnify and hold Company and its affiliates as well as each of their directors, officers, employees, agents and representatives, harmless from and against all costs, claims, demands, liabilities, expenses, damages or losses, including reasonable attorney’s fees, arising out of or in connection with any alleged or actual (a) infringement of any third party’s intellectual property rights by you; (b) violation of any third party’s rights related to your use of the Website or breach of the Terms and Conditions; (c) your violation of any applicable laws; (d) your breach of these Terms and Conditions; and (e) unauthorized, improper, illegal or wrongful use of your account.
4. Use of Communication Forum on the Website
   1. 4.1 Certain sections and services of this Website may provide you a platform to generally express yourself and certain communication facilities may allow interactivity between you and the Company, including without limitation by way of query form, blogs, posting boards and other message or communication facilities. By way of example, and not as a limitation, you hereby agree not to:
      
      a. use the platforms provided by this Website for any purpose other than as expressly permitted by Company including but not limited to accessing the information about the services of the Company.
      
      b. post on this Website any content, whether or not containing links, for any competitor of Company.
      
      c. collect, post or submit on this Website any incomplete, fictitious, false or inaccurate biographical information.
      
      d. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or has received all necessary consents thereto.
      
      e. upload, post, publish, distribute, transmit, link or otherwise make available or disseminate, whether or not through links, through this Website any content that is unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, unlawful or otherwise objectionable material or information.
      
      f. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Website.
      
      g. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional content, transmit junk mail, spam, hacker programs, chain letters, or other unsolicited bulk e-mail or duplicative messages or overload or ‘flood’ this Website’s systems and infrastructure.
      
      h. upload files that contain viruses, trojan horses, worms, cancelbots, corrupted files or any other similar harmful software or programs or malicious codes.
      
      i. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
      
      j. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website.
      
      k. aggregate, copy or duplicate in any manner any content or information available from this Website.
      
      l. attempt to gain unauthorized access to this Website or its services, other users’ accounts or computer systems, through password mining or otherwise or engage in any systematic extraction of data or data fields, including without limitation e-mail addresses. The collection of e-mail addresses from the profile pages or from the database of any user for any use without the written permission of Company and/or user is considered as theft and legal action will be taken against offenders.
      
      m. upload, share or otherwise distribute any text, graphics, images, videos or data which is unlawful, threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy or impersonate another person.
      
      n. upload, share or otherwise distribute any text, graphics, images, videos or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
5. Intellectual Property and Proprietary Rights
   1. All right, title and interest, including all intellectual property rights, in and to the Website as well as all right, title and interest, including all intellectual property rights, in and to any variations, modifications and derivative works of the Website are and remain exclusively with Company, its affiliates or its licensors. You have no rights in and to the Website, other than those expressly granted pursuant to these Terms and Conditions.
   2. In the course of your use of the Website, you may provide feedback or suggestions related to the Website. We and our affiliates are entitled to use such feedback and suggestions, even if they should be marked confidential, without any restrictions and any compensation to you.
   3. You will not in whole or in part (i) use the Website in any manner other than explicitly permitted in these Terms and Conditions, including for any third party use including license, sublicense, sell, resell, lease, transfer, assign, distribute, display, broadcast, disclose, or otherwise commercially exploit or make it, or any portion thereof, available to any third party in any manner; (ii) modify, tamper with, repair or make derivative works based upon the Website; (iii) copy, reproduce, publish, reverse engineer, attempt to derive the source code of, modify, disassemble, decompile or create derivative works of the Website (except to the extent that applicable laws prohibits reverse engineering restrictions, and then only as permitted by such laws); (iv) copy any ideas, features, functions or graphics of the Website; (v) remove, obscure, alter, or move our and our licensors’ proprietary notices; (vi) extract and/or re-utilize parts of the contents of the Website; and/or (vii) use any trade mark, service mark, trade name or logo owned by Company or any of its affiliates/group entity. Use of the Website other than specifically permitted in these Terms and Conditions, is expressly prohibited.
6. Disclaimer of Warranties
   1. Company has taken precautions to keep the Website safe, secure, and functioning properly, but it cannot guarantee the continuous or uninterrupted operation or availability of or access to the Website.
   2. You agree that you are making use of the Website at your own risk and that the Website, all content, services, additional tools, features, guidance and information provided by Company, is being provided to you on an “as is” and “as available” basis. Accordingly, to the extent permitted by applicable law, Company excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, non-infringement and/or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. You hereby expressly release Company and/or its affiliates, as well as each of their subcontractors, directors, officers, employees, agents and representatives from any cost, damage, liability or other consequence of any of the actions or inactions of the users of the Website and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
7. Limitation of Liability
   1. To the extent permitted by applicable law, Company is not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, business interruption, loss of production, loss of use or loss or corruption of data; loss of profits, anticipated savings, revenue, sales, business, goodwill or reputation; costs of substitute goods, materials or services; or any special, indirect, consequential, incidental, punitive or exemplary loss or damages) arising (directly or indirectly) from or in connection with (a) the content you provide using the Website; (b) your use of or your inability to use the Website; (c) delays or disruptions in the Website or from its unavailability; (d) malicious software obtained by accessing or linking to the Website; (e) glitches, bugs, errors, or inaccuracies of any kind in the Website; or (f) your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms and Conditions or other policies of Company.
   2. If Company is found to be liable, regardless of Section 7.1 above, our liability to you or to any third party is limited to the amount of INR 1,000/-. This shall be the sole and exclusive remedy available to you.
   3. The limitations and exclusions of liability also apply to the benefit of our affiliates, as well as our and their subcontractors, directors, officers, employees, agents and representatives.
   4. The disclaimers, exclusions and limitations shall apply to you only to the fullest extent permitted by applicable law.
8. Privacy
   1. Your registration data and other information collected through the use of this Website is subject to the Privacy Policy. You acknowledge that through your use of this Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, as necessary and permitted under the applicable laws. For more information, see our full privacy policy at Privacy Policy [insert hyperlink].
9. General
   1. Governing Law and Dispute Resolution: The Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any and all disputes arising from the Terms and Conditions will be subject to arbitration to be conducted by an independent sole arbitrator (who shall be a retired judge/judicial officer) to be appointed by Company. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be at New Delhi and the arbitration proceedings shall be conducted in English language. Subject to arbitration, the jurisdictional courts of New Delhi shall be entitled to grant interim relief/injunction.
   2. Entire Agreement; Severability: These Terms and Conditions and any other terms or documents referred to herein represent your entire agreement with Company with respect to your use of this Website. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid or unenforceable provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. In that event, the invalid or unenforceable provision shall also be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
   3. No Waiver: Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.
   4. No Assignment: These Terms and Conditions shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Company’s prior written consent. Company reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions to any of its affiliates or any other third party, without notice to you.
   5. Up-dations/Modifications: You agree to be bound by these Terms and Conditions, which may be updated or modified from time to time without any notice to you. Any changes or modifications become part of these Terms and Conditions and shall apply immediately. By continuing to use this Website after such modifications or changes to the Terms and Conditions, you shall be deemed to give your acceptance of such modifications or changes. You may, at the sole discretion of Company, be required to re-accept a substantially revised Terms and Conditions to continue access to or use of the services provided through the Website.
   6. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
   7. Any rights not expressly granted herein are reserved.