TERMS OF USE
These Terms of Use read together with the Privacy Policy and all other additional terms and information (collectively
“Terms”), govern your access to and use of BitMemoir’s website
www.bitmemoir.com (“Website”), the products and services that we offer therein, all data, notifications and content (collectively, referred as the
"Services”).Please review these Terms carefully before using the Services or continuing to access the Website to avail the services. The Terms together with the Privacy Policy constitutes a binding legal agreement between You (also referred as “Your”, “User”) and Beyond Imagination Technologies Private Limited (also referred to as “BIT, “Company”, “Us”, “We”, “Our”).
By accepting the Terms and accessing the Website to use the Services, you agree to be bound by and comply with these Terms. We may modify or change these Terms or alter any features of the Services at any time without any notice to you. The current version of these Terms can be viewed by clicking on the ‘Terms of Use’ link posted on the Website. You accept the Terms by using the Services, and any changes made to these Terms by continuing to use the Services after we post the changes.
Definitions
For the purpose of this Privacy Policy, wherever the context so requires:
- Content shall mean the information, data products and services, and documentation made available as part of the various Services.
- Credentials shall mean evidence of achievement, ability, attainment, authenticity, compliance, completion, eligibility, entitlement, experience, identity, membership, qualifications, title or other attributes, qualities or traits.
- Intellectual Property Rights shall mean all patents, patent registration or applications, business processes, data rights, copyrights, trade names, trademarks, designs, trade secrets, know-how, Integrated Circuits, or any other intellectual property rights, whether registered or unregistered, arising or enforceable under the Indian law or the law of any other jurisdiction.
- Personal Information shall refer to any information that relates to an identified or identifiable individual, which includes full name, contact number, email ID, country, nationality, organization, designation.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform Services related to the Service or to assist the Company in analyzing how the Service is used.
Consent
User Registration
You may be required to register to use some of our Services. You agree to keep your credentials confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Use of BitMemoir
- The BitMemoir website, including the Services therein can be accessed or used by you solely for legal purposes that are permitted by these Terms.
- It is your responsibility to review all terms and conditions made available on the website and comply with it.
- The Website and Services can be availed by signing up/ registering through the Website
- You agree to provide true, complete, and accurate information when You sign up/ register on the Website to avail the Services. We take no responsibility for the authenticity or correctness of the Personal Information provided by the User.
- You represent not to upload or share any Information which is false, misleading, libellous, blasphemous, defamatory, pornographic, obscene, harassing, hateful, contains graphic videos or images
- You acknowledge that the Information You upload on the Website does not violate or infringe any third-party intellectual property rights or otherwise invasive of any other person’s privacy.
- You agree not to add or share any third person’s personal information, without their prior consent or approval.
- You agree to immediately notify the Company of any actual or suspected use of Your account. While BitMemoir employs robust security measures, including data encryption, you acknowledge the inherent risks of online activities and agree to cooperate with us in maintaining a secure environment. The Company shall not be responsible for such unauthorized use of Your account, and any loss of information or Content caused to You or the Company, shall be solely your liability.
- We do not take any responsibility for any Information that you have shared with us, except to the extent of maintaining reasonable security as per the Terms and Privacy Policy.
- You agree not to access the Services to monitor their performance, availability, or functionality, or for any other benchmarking or competitive purposes.
General Restrictions on Use
Your use of the Services on the Website shall be subject to the following restrictions:
- You agree not to impersonate any person or falsely state or otherwise misrepresent your affiliation with any person.
- You shall not attempt to decode, reverse engineer, decompile, or extract the source code or other proprietary information of the website.
- You shall not abet or aid or attempt to, whether directly or indirectly, gain unauthorized access to BitMemoir's accounts, computer systems, blockchain, servers, clouds, or networks connected thereto, through hacking, password mining or any other means.
- You are not authorized to frame, scrape or mirror the Website or materials or pages contained herein on any other website, web page or any other server.
- You shall not use any automated systems to copy, access, acquire, transfer, or monitor any part of the Services offered herein, or create your own collection, compilation, database or directory of such data without written permission from us.
- You agree not to carry out any unlawful, un-authorized or illegal activities on the Website that would cause damage, embarrassment, or adverse publicity to us or any third party.
- You shall not circumvent, decrypt, remove, reverse engineer, or otherwise interfere or alter with the usage rules or circumvent any digital rights management features associated with the Information, or alter, modify, or remove any proprietary notices (including copyright notices), or any other technologies used to control the access to or use of the Information or its identifying information.
- You agree not to upload any content that contains any elements that are hateful, racially, or ethnically objectionable, unlawful, or disparaging in any manner whatsoever.
- You shall not post, upload, display or share any content or information which contains software viruses or other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of our website or any page/features thereof.
- you shall ensure that no portion of the Information you upload or your use of the Website is in violation of any laws, rules, regulations in force.
- You shall not trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- You shall not use the Services in a manner inconsistent with any applicable laws or regulations.
- You shall not use the Services as part of any effort to compete with us or otherwise use the Services or the content therein for any revenue generating endeavour or commercial enterprise.
- You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use or enjoyment of the Website.
- You shall not store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
- you shall not transfer, sell, sublicense, monetise, or make the functionality of the Services available to any third party;
Termination and Suspension of Accounts
We may collect certain information about our users through cookies and similar technologies in order to provide a customized page based on the browsing preference on the Website. To provide a better user administration and browsing experience, we understand the pattern on which our user interacts with us through web traffic routing. We also use these cookies for research and development and the website's technical administration. While optimizing services to you, we may allow authorized third parties to provide a unique cookie on your browser.
The technologies we use may include:
- Misuse of the Services, such as attempting to access unauthorized data, engaging in spamming or phishing, or uploading illegal Content.
- Breaching any of the General Restrictions on Use outlined in the Terms of Use.
- Providing false or misleading information during registration or use of the Services.
- Infringing on the intellectual property rights of BitMemoir or any third party.
- Engaging in fraudulent or illegal activity through the Services.
- Harassing, threatening, or abusing other users or BitMemoir staff.
- Repeatedly failing to comply with BitMemoir's instructions or requests.
Consequences of termination:
- Upon termination of your account, you will lose access to all of the Services, including any stored credentials.
- After a reasonable period, BIT may, at its sole discretion, delete all of your data and Content associated with your account after a certain period.
- You will continue to be liable for any pending charges incurred prior to the termination or suspension of your account.
In the event of such suspension or termination, You are free to appeal against such suspension/termination by submitting an email to our Data Protection Officer at ___________________________________________________________________________________________, who will then examine your appeal and decide upon the merits of the case.
Intellectual Property
- The website contains design, outline, layout, concept, look and feel, arrangement, functionalities, scripts, styles, text, images, videos, audios, photos, illustrations, notifications, software, source code, object code, and all material or content that are part of the services offered, which is the sole and exclusive property of the Company. All rights, titles, and interests, including intellectual property rights therein, belong to the Company.
- All trademarks and domain names pertaining to BitMemoir or any other trademark, tradename of the Company mentioned on the website, are the Company's intellectual property or licensed for the Company.
- The user acknowledges that all rights, titles, and interests and intellectual property in any products or services of the Company, including the scanners at various locations or any products used while providing the services to the user, are the sole and exclusive property of the Company. Any intellectual property rights therein, including pending patents, copyrights, or designs, belong to the Company.
- The Company is the owner of any content uploaded on the website and reserves the right to add, modify, alter, delete, or remove any content on the website without any prior notice to you.
- Any intellectual property rights that are not expressly granted are unconditionally reserved with the Company.
- You may download and access the contents on the website only on a temporary basis and solely for the purposes of viewing such information. You are not authorized to use, copy, disclose, modify, or reproduce the contents of the website in any manner not specifically authorized by the Company. Any such unauthorized use for commercial purposes or otherwise by the user shall constitute a violation of the Company's intellectual properties, and the Company reserves its rights to initiate all necessary legal remedies available under applicable laws accordingly.
Privacy Policy
All Information shared or disclosed by You while accessing, downloading or using the Website shall be governed by our Privacy Policy, which forms part of these Terms and is provided here.
Third Party Links
Disclaimer of Warranties
- The content on the Website, including Services offered therein, is provided on an “as is” and “as available” basis, and the Company neither assumes any responsibility nor provides any representations or warranties of any kind, including but not limited to, implied warranties of non-infringement, quality, security, fitness for a particular purpose, accuracy, compatibility, timeliness, deletion, mis-delivery, or failure to store any user information, communications, or personalization settings.
- It is hereby expressly clarified that we make no representations or warranties, assurances, or guarantees, whether express or implied, with respect to quality, accuracy, or professional qualifications or expertise in relation to the Services offered to you or other information provided to you on the Website. In no event shall we be responsible to you or anyone else for the decision you made or the actions you have taken by relying on such information.
- We do not assume any responsibility or liability in relation to any inaccuracy in data or information recorded by the scanners or other products used by us to offer the Services on the Website.
- The Company does not guarantee to prevent unauthorized access if you lose your login credentials or if the account is otherwise compromised.
- Your use of the Website is at your sole risk, and we do not assume any responsibility for any damage to your systems, devices, networks, or loss of data or content that results from the use of the Website.
- You acknowledge and accept the usual risks that may arise while using the Internet. We do not assume any liability caused to you due to the loss or damage resulting from your access or use of the Website, which may have been infected with malware or viruses or which may have been maliciously corrupted.
- We do not recommend or endorse the information or content found in any Services and hence disclaim any liability with regard to the Services offered herein. You agree to waive any claims or disputes against us in relation to any claims or disputes that arise during your use of the Services, and to the extent that such waiver is not applicable, you agree to release all claims against us relating to the same.
- We take no liability or responsibility in relation to any injuries, losses, damage, or expenses incurred by Users as a result of any disclosure made by us while offering the Services, where the User has expressly or implicitly consented to the same, by agreeing to avail the Services and by accepting the said Terms read along with the Privacy Policy.
- You are solely responsible for the information or content that you choose to provide and submit on the Website, and we disclaim all responsibility with respect to any such information or content provided to us.
- You are solely responsible for the information or content that you choose to provide and submit on the Website and we disclaim all responsibility with respect to any such information or content provided to us. You hereby represent and warrant that you are fully entitled under law to upload the information or content uploaded by you as part of your profile [You cannot provide information about anyone else, but yourself] or otherwise while using the Services, and no such content breaches any third party rights, including intellectual property rights or the right to privacy. We do not take any responsibility for any information or content and our role is restricted to that of an intermediary under the Information Technology Act, 2000. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our own discretion with or without notice to you.
Limitation of Liability
The Company shall not be liable for any direct, indirect, special, consequential, incidental, or exemplary damages, including but not limited to, damages for loss of profits, data, goodwill, use, or other intangible losses, that results from your use or inability to use the Website or the Services offered therein. Furthermore, You are responsible to comply with your local, national or international laws while using the service and We are not responsible for Your breach of the laws that are applicable to you if You use the services in a manner that is unintended by Us.
Indemnity
You agree to indemnify, defend and hold harmless the Company, its subsidiaries and affiliates and their employees, representatives, partners, officers and agents, from any and all third party claims, damages, costs, losses, and liabilities, including reasonable attorneys' fees and expenses, arising out of or in any way connected with:
We shall indemnify, hold harmless, and at Your option, defend You, your affiliates and Your officers, directors, employees and agents from and against losses resulting from any third party claims, suits, proceedings, actions or demands arising from Our material breach of this
Survival: Your obligations under this indemnification section shall survive the termination of these Terms of Use and your use of the Bitmemoir services.
Changes to the Terms
- From time to time, we may change, modify, or add to the Terms or the Services that we offer therein, without prior notice to You. You are required to occasionally revisit the Terms and update yourself accordingly. By continuing to use the Website or the Services therein, you agree to be bound by the amended Terms.
- We may, at our sole discretion, suspend the operation of Website, wholly or in parts, at any time, without any prior notice.
- While the website is currently available for free, the Services' Terms of use may be amended such that the Services or the access to use the Website may be subject to certain charges.
- We reserve the right, at any time, to limit the availability of the services through Website or any other features therein to any geographic area or jurisdiction without any prior notice.
Severability
In case any one or more of the provisions contained in the Terms shall, for any reason, be held to be unenforceable, invalid, or illegal, in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms, and the Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
Waiver
No waiver by us of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No waiver will be of any force or effect unless made in writing.
Governing Law & Arbitration
The Terms and the interpretation of these Terms are governed by and construed in accordance with the laws of India. Any dispute or claim involving the Parties and arising out of or in connection with or relating to this Agreement or the breach, termination or invalidity hereof (“Dispute”), which cannot be finally resolved within 30 (thirty) days of the arising of a Dispute, or such extended period as the Parties may mutually agree to, will be referred at either Party’s request in writing (“Dispute Notice”) to binding arbitration by a panel of three arbitrators, one each to be appointed by the Parties, and the third to be nominated by the two (2) arbitrators so appointed, in accordance with the Indian Arbitration and Conciliation Act, 1996, as amended from time to time. All arbitration proceedings will be conducted in the English language and the seat of arbitration will be _____________, India. The arbitration panel shall decide any such Dispute strictly in accordance with the governing law specified in this clause. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The costs and expenses of the arbitration, including the fees of the arbitration panel, shall be borne equally by each Party and each Party will pay its own fees, disbursements, and other charges of its counsel, except as may be determined by the arbitration panel. The arbitration panel shall have the power to award interest on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if awarded, until the actual payment of such amounts. Any award made by the arbitration panel shall be final and binding on each of the Parties. Subject to the foregoing, the competent courts at _________ shall have the exclusive jurisdiction over any claims, disputes or any other matter arising from or in relation to this Agreement. Nothing herein shall preclude the Client from seeking and obtaining from a court of competent jurisdiction appropriate equitable relief, including without limitation, an order of specific performance, a temporary restraining order or other injunctive relief, to prevent a breach of this Agreement.
Contact Information
If the User has any queries concerning the Website, the Services, or these Terms, You may contact us at support@beimagine.tech.
The Terms of Use was last updated on 20 July, 2023.
