TERMS OF SERVICE
GIEOM Business Solutions
Private Limited is hereinafter referred to
as (“We”, “Our” or “Us”) and the terms “You/ Your” and “User” refer to you as a user of our website www.gieom.com (“Website”) wherever the context so
requires.
AGREEMENT
By
logging on to or using the Website it shall be presumed that You have read
these Terms of Service (“Agreement”)
and have unconditionally accepted the same. Please note that this constitutes a
binding and enforceable agreement between the You and Us. This Agreement does
not alter in any way the terms of conditions of any other written agreement You
may have with Us for other services. If You do not agree with the terms of this
Agreement please do not use, access, log in to the Website or accept this
Agreement.
GIEOM
Consultant Edition (“Service”) is a
SaaS offering for the Banking Operations (“BankOps”)
Consultants that allows You to create business process content independently
and distribute to Your customers. The Service is designed exclusively for the
BankOps Consultants to build various business processes, including policies,
controls, regulations etc. The Service will enable You to create Your own
Intellectual Property (“IP”) and
make it available to multiple customers which can also be deployed directly
into the bank’s system to work with multiple customers at the same time. Our
Service is subject to the terms and conditions this Agreement.
AMENDMENTS
We
may revise or alter this Agreement at Our sole discretion from time to time.
Your usage of the Website/Service shall be deemed to be Your consent to the
amended Agreement. As and when there is a amendment, the amended Agreement will
be posted here. Any such changes will be effective immediately. You are solely
responsible for understanding and complying with all applicable laws of Your
specific jurisdiction that may be applicable to You in connection with Your business
and use of Our Service.
ELIGIBILITY
The Service may only be used or accessed by such person who can enter into and
perform legally binding contracts under Indian Contract Act, 1872.
REGISTRATION AND INFORMATION OF THE USER
You are required to register and create a profile in order to be eligible to access the Service. You are solely responsible for maintaining secrecy and confidentiality of your login details including your user name, password and user code. You hereby acknowledge and accept that the Service will grant access to any person who has obtained your username, password in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under your username, password and any user code. We shall not be responsible in any manner for any losses occurring from any breach of secrecy of your username, password.
By
entering into this Agreement, You acknowledge that the Service provided by Us, is for your exclusive use only. Use or sharing of Your user name and password by another user is prohibited. Failure to comply will result in immediate suspension of Your account.
You agree to provide true, accurate, up to date and complete information while registering for the Service. You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another user or login/ register using the identity of any other person. If You provide any information that is untrue, inaccurate, not current or incomplete or We have a reasonable ground to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement We reserves the right to indefinitely suspend or terminate or block Your use or access to the Service in any manner
whatsoever.
Please note that the personal information provided by You for Service is governed by GCE Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the GCE Privacy Policy.
PURPOSE
You agree that the sole purpose of Service is to enable You to build various business processes, including policies, controls, regulations etc and Your IP on the same. You shall not use the Service in any manner for any other purpose other than as mentioned in this Agreement and for purposes which are not permitted under the applicable laws.
You shall not: (i) transfer the Service or otherwise make it available to any third party; (ii) use the third party links to sites without agreeing to their website terms & conditions; (iii) post links to third party sites or use their logo, company name, etc. without their prior written permission; (iv) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (v) use the Service in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Gieom; (vi) violate any applicable local, state, national or international law; and (vii) create a false identity to mislead any person as to the identity or origin of any
communication.
FEES AND PAYMENTS
Your access to the Service
will be free for the Initial Period i.e. three months from the date login
credentials are provided to you. Upon completion of Initial Period You shall
upgrade to paid monthly version to avoid termination / expiration of Service
and to enjoy further access. The payment details for continuation of Service are
mentioned on the website.
From time to time, We may change the fee of the Service. Further, We may increase the fees pertaining the paid monthly version however the same will not apply until the expiry of Your then current billing cycle.
ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of Your transmissions through the Service. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate Your access to the Service if there are reasonable grounds to believe that You have used the Service for any illegal or unauthorized activity.
DATA OWNERSHIP
We respect Your right to ownership of content created or stored by You. You own the content created or stored by You. Unless specifically permitted by You, Your use of the Service does not grant Us the license to use, reproduce, adapt, modify, publish or distribute the content created by You or stored in Your user account for commercial, marketing or any similar purpose. But You grant Us permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of Your user account solely as required for the purpose of providing the Service to You.
DISCLAIMER
OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR OWN RISK AND THAT THE
SERVICE IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS DISCLAIM ALL WARRANTIES,
STATUTORY, EXPRESS OR IMPLIED OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL
DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE,
WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR
THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, OUR EMPLOYEES OR
REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
OUR
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that We owns all
right, title and interest in and to the Service and the Website, including all
Intellectual Property Rights therein (the "Our Rights"). Our Rights are protected by applicable intellectual
property laws. Accordingly, You agree that You will not copy, reproduce, alter,
modify, or create derivative works from the Service or the Website offered by Us.
You also agree that You will not use any robot, spider, other automated device,
or manual process to monitor or copy any content from the Website.
Gieom and the Gieom Logo are
trademarks, which belong to Us and they may not be used, copied or reproduced
in any way without written consent from Us. For these purposes "Intellectual
Property Rights" includes the following (wherever and whenever
arising and for the full term of each of them, whether registrable or not), any
patent, trade mark, trade name, service mark, service name, design, design
right, copyright, database right, moral rights, technical know-how, trade
secret and other confidential information, rights in the nature of any of these
items in any country, rights in the nature of unfair competition rights and
rights to sue for passing off or other similar intellectual or commercial right
(in each case whether or not registered) and registrations of and applications
to register any of them.
The
intellectual property right created upon the Service by You shall be owned by
You.
OUR LIABILITY
In no event shall the We shall be
liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses arising (in any manner
whatsoever) out of or in connection with the Service. In no event our entire
liability to you in respect of any service, whether direct or indirect, exceed
the fees paid by you towards the Service.
INDEMNIFICATION
You shall indemnify and hold
harmless GIEOM and its officers, directors, agents, and employees, from and
against any and all losses, liabilities, actions, suits, claims, proceedings,
costs, damages, judgments, amounts paid in settlement and expenses (including
without limitation attorneys' fees and disbursements), made by any third party
or penalty imposed due to or arising out of Your breach of the this Agreement and
GIEOM Privacy Policy incorporated herein by reference, or Your violation of any
applicable Law, rules or regulations or the rights of a third party or
resulting from untrue, inaccurate, not current or incomplete information
provided or verified by You .
SUSPENSION AND
TERMINATION
We may suspend Your user
account or temporarily disable access to whole or part of any Service in the
event of any suspected illegal activity or requests by law enforcement or other
government agencies. We will also terminate Your user account on your request.
In addition, we reserve the right to terminate Your user account and deny the Service
upon reasonable belief that you have violated this Agreement. You have the
right to terminate Your user account. Termination of user account will include denial
of access to all Service, deletion of information in Your user account such as
your email address and password and deletion of all data in Your user account.
GOVERNING LAW AND ARBITRATION
Any claim, differences or dispute
arising under or in connection with or in relation hereto this Agreement and GIEOM
Privacy Policy shall be governed by the applicable laws in force in India.
Any dispute, differences or
controversy of whatever nature and howsoever arising under or out of or in
relation to this Agreement and/or GIEOM Privacy Policy (including its
interpretation) between the parties, and so notified in writing (the ‘Dispute’) shall be referred to
President-Arbitration Centre-Karnataka for Arbitration. The Arbitration shall
be conducted by a Sole Arbitrator appointed by the ‘President-Arbitration
Centre-Karnataka’ as per Arbitration and Conciliation Act, 1996 as amended
from time to time. The venue of Arbitration shall be Bangalore and it shall be
conducted in English language. The arbitration award shall be final and binding
on the parties. In any case, for supervisory, injunctive relief or relief of
specific performance, this Agreement and the Gieom Privacy Policy and any
Dispute shall be subject to the exclusive jurisdiction of courts in the city of
Bangalore, India.
NOTICE
All notices to Us shall be served
by email or registered post acknowledgment. Any notice provided to the Us
pursuant to this Agreement should be sent to Our address as mentioned on our
Website
WAIVER
Any failure by Us to enforce or
exercise any provision of this Agreement and Privacy Policy, or any related
right, shall not constitute a waiver by Us of that provision or right.
SEVERABILITY
If, for any reason, a court of
competent jurisdiction finds any provision of this Agreement, 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 and Conditions
shall continue in full force and effect.
GRIEVANCE REDRESSAL MECHANISM
In case of any grievance,
objection or complaints with respect to the Service including any complaints or
enquiry about suspension, termination or right to use the Service, You should
promptly raise such grievance or complaint with the designated Grievance
Officer at gce@gieom.com and provide him with all necessary information
and/or documents to enable Us /Grievance Officer to try and resolve the issue.
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.
e www.gieom.com (“Website”) wherever the context so requires.
AGREEMENT
By
logging on to or using the Website it shall be presumed that You have read
these Terms of Service (“Agreement”)
and have unconditionally accepted the same. Please note that this constitutes a
binding and enforceable agreement between the You and Us. This Agreement does
not alter in any way the terms of conditions of any other written agreement You
may have with Us for other services. If You do not agree with the terms of this
Agreement please do not use, access, log in to the Website or accept this
Agreement.
GIEOM
Consultant Edition (“Service”) is a
SaaS offering for the Banking Operations (“BankOps”)
Consultants that allows You to create business process content independently
and distribute to Your customers. The Service is designed exclusively for the
BankOps Consultants to build various business processes, including policies,
controls, regulations etc. The Service will enable You to create Your own
Intellectual Property (“IP”) and
make it available to multiple customers which can also be deployed directly
into the bank’s system to work with multiple customers at the same time. Our
Service is subject to the terms and conditions this Agreement.
AMENDMENTS
We
may revise or alter this Agreement at Our sole discretion from time to time.
Your usage of the Website/Service shall be deemed to be Your consent to the
amended Agreement. As and when there is a amendment, the amended Agreement will
be posted here. Any such changes will be effective immediately. You are solely
responsible for understanding and complying with all applicable laws of Your
specific jurisdiction that may be applicable to You in connection with Your business
and use of Our Service.
ELIGIBILITY
The
Service may only be used or accessed by such person who can enter into and
perform legally binding contracts under Indian Contract Act, 1872.
REGISTRATION
AND INFORMATION OF THE USER
You
are required to register and create a profile in order to be eligible to access
the Service. You are solely responsible for maintaining secrecy and
confidentiality of your login details including your user name, password and
user code. You hereby acknowledge and accept that the Service will grant access
to any person who has obtained your username, password in the same manner as it
would have granted access to You and You shall be responsible for all
activities conducted under your username, password and any user code. We shall
not be responsible in any manner for any losses occurring from any breach of
secrecy of your username, password.
By
entering into this Agreement, You acknowledge that the Service provided by Us,
is for your exclusive use only. Use or sharing of Your user name and password
by another user is prohibited. Failure to comply will result in immediate
suspension of Your account.
You
agree to provide true, accurate, up to date and complete information while
registering for the Service. You are prohibited from misrepresenting Your
identity and agree not to represent Yourself as another user or login/ register
using the identity of any other person. If You provide any information that is
untrue, inaccurate, not current or incomplete or We have a reasonable ground to
believe that such information is untrue, inaccurate, not current or incomplete,
or not in accordance with this Agreement We reserves the right to indefinitely
suspend or terminate or block Your use or access to the Service in any manner
whatsoever.
Please
note that the personal information provided by You for Service is governed by
GCE Privacy Policy. Your election to use the Service indicates your acceptance
of the terms of the GCE Privacy Policy.
PURPOSE
You
agree that the sole purpose of Service is to enable You to build various
business processes, including policies, controls, regulations etc and Your IP
on the same. You shall not use the Service in any manner for any other purpose
other than as mentioned in this Agreement and for purposes which are not
permitted under the applicable laws.
You
shall not: (i) transfer the Service or otherwise make it available to any third
party; (ii) use the third party links to sites without agreeing to their
website terms & conditions; (iii) post links to third party sites or use
their logo, company name, etc. without their prior written permission; (iv)
publish any personal or confidential information belonging to any person or
entity without obtaining consent from such person or entity; (v) use the Service
in any manner that could damage, disable, overburden, impair or harm any
server, network, computer system, resource of Gieom; (vi) violate any
applicable local, state, national or international law; and (vii) create a
false identity to mislead any person as to the identity or origin of any
communication.
FEES
AND PAYMENTS
Your access to the Service
will be free for the Initial Period i.e. three months from the date login
credentials are provided to you. Upon completion of Initial Period You shall
upgrade to paid monthly version to avoid termination / expiration of Service
and to enjoy further access. The payment details for continuation of Service are
mentioned on the website.
From time to time, We may change the fee of the Service. Further, We may increase the fees pertaining the paid monthly version however the same will not apply until the expiry of Your then current billing cycle.
ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of Your transmissions through the Service. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate Your access to the Service if there are reasonable grounds to believe that You have used the Service for any illegal or unauthorized activity.
DATA OWNERSHIP
We respect Your right to ownership of content created or stored by You. You own the content created or stored by You. Unless specifically permitted by You, Your use of the Service does not grant Us the license to use, reproduce, adapt, modify, publish or distribute the content created by You or stored in Your user account for commercial, marketing or any similar purpose. But You grant Us permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of Your user account solely as required for the purpose of providing the Service to You.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR OWN RISK AND THAT THE
SERVICE IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS DISCLAIM ALL WARRANTIES,
STATUTORY, EXPRESS OR IMPLIED OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL
DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE,
WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR
THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, OUR EMPLOYEES OR
REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
OUR
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that We owns all
right, title and interest in and to the Service and the Website, including all
Intellectual Property Rights therein (the "Our Rights"). Our Rights are protected by applicable intellectual
property laws. Accordingly, You agree that You will not copy, reproduce, alter,
modify, or create derivative works from the Service or the Website offered by Us.
You also agree that You will not use any robot, spider, other automated device,
or manual process to monitor or copy any content from the Website.
Gieom and the Gieom Logo are
trademarks, which belong to Us and they may not be used, copied or reproduced
in any way without written consent from Us. For these purposes "Intellectual
Property Rights" includes the following (wherever and whenever
arising and for the full term of each of them, whether registrable or not), any
patent, trade mark, trade name, service mark, service name, design, design
right, copyright, database right, moral rights, technical know-how, trade
secret and other confidential information, rights in the nature of any of these
items in any country, rights in the nature of unfair competition rights and
rights to sue for passing off or other similar intellectual or commercial right
(in each case whether or not registered) and registrations of and applications
to register any of them.
The
intellectual property right created upon the Service by You shall be owned by
You.
OUR LIABILITY
In no event shall the We shall be
liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses arising (in any manner
whatsoever) out of or in connection with the Service. In no event our entire
liability to you in respect of any service, whether direct or indirect, exceed
the fees paid by you towards the Service.
INDEMNIFICATION
You shall indemnify and hold
harmless GIEOM and its officers, directors, agents, and employees, from and
against any and all losses, liabilities, actions, suits, claims, proceedings,
costs, damages, judgments, amounts paid in settlement and expenses (including
without limitation attorneys' fees and disbursements), made by any third party
or penalty imposed due to or arising out of Your breach of the this Agreement and
GIEOM Privacy Policy incorporated herein by reference, or Your violation of any
applicable Law, rules or regulations or the rights of a third party or
resulting from untrue, inaccurate, not current or incomplete information
provided or verified by You .
SUSPENSION AND
TERMINATION
We may suspend Your user
account or temporarily disable access to whole or part of any Service in the
event of any suspected illegal activity or requests by law enforcement or other
government agencies. We will also terminate Your user account on your request.
In addition, we reserve the right to terminate Your user account and deny the Service
upon reasonable belief that you have violated this Agreement. You have the
right to terminate Your user account. Termination of user account will include denial
of access to all Service, deletion of information in Your user account such as
your email address and password and deletion of all data in Your user account.
GOVERNING LAW AND ARBITRATION
Any claim, differences or dispute
arising under or in connection with or in relation hereto this Agreement and GIEOM
Privacy Policy shall be governed by the applicable laws in force in India.
Any dispute, differences or
controversy of whatever nature and howsoever arising under or out of or in
relation to this Agreement and/or GIEOM Privacy Policy (including its
interpretation) between the parties, and so notified in writing (the ‘Dispute’) shall be referred to
President-Arbitration Centre-Karnataka for Arbitration. The Arbitration shall
be conducted by a Sole Arbitrator appointed by the ‘President-Arbitration
Centre-Karnataka’ as per Arbitration and Conciliation Act, 1996 as amended
from time to time. The venue of Arbitration shall be Bangalore and it shall be
conducted in English language. The arbitration award shall be final and binding
on the parties. In any case, for supervisory, injunctive relief or relief of
specific performance, this Agreement and the Gieom Privacy Policy and any
Dispute shall be subject to the exclusive jurisdiction of courts in the city of
Bangalore, India.
NOTICE
All notices to Us shall be served
by email or registered post acknowledgment. Any notice provided to the Us
pursuant to this Agreement should be sent to Our address as mentioned on our
Website
WAIVER
Any failure by Us to enforce or
exercise any provision of this Agreement and Privacy Policy, or any related
right, shall not constitute a waiver by Us of that provision or right.
SEVERABILITY
If, for any reason, a court of
competent jurisdiction finds any provision of this Agreement, 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 and Conditions
shall continue in full force and effect.
GRIEVANCE REDRESSAL MECHANISM
In case of any grievance,
objection or complaints with respect to the Service including any complaints or
enquiry about suspension, termination or right to use the Service, You should
promptly raise such grievance or complaint with the designated Grievance
Officer at gce@gieom.com and provide him with all necessary information
and/or documents to enable Us /Grievance Officer to try and resolve the issue.
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.