Welcome to the web site (‘Site’) of HK Infoware Limited (‘HK’). Through the Site, you have access to a variety of resources and content. These include: (a) software and software as a service offerings (‘Product’); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, white papers and product data sheets (‘Materials’); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Product, Materials, Community Services, and other information, content and services are collectively referred to as "Content." The following are terms of a legal agreement between you ("You" or "Your") and HK Infoware Limited and its affiliated companies ("We" or "HK"). By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use") and our Privacy Policy. HK may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted. You can review the most current Terms of Use at https://hkinfoware.com/terms.html and Privacy Policy at https://hkinfoware.com/privacy.html.

 

The Site is the property of HK and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

1. Terms Applicable to Specific Content and Areas of the Site - Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.
2. Use of Product - Your use of the Product is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Product, ordering documents, exhibits, and other terms and conditions that apply ("License Terms"). In the event that Product is provided on or through the Site and is not licensed for your use through License Terms specific to the Product, you may use the Product subject to the following: (a) the Product may be used solely for your personal, informational, non-commercial purposes; (b) the Product may not be modified or altered in any way; and (c) the Product may not be redistributed.
3. Use of Materials - You may download, store, display on your computer, view, listen to, play and print Materials that HK publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, non-commercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
4. Use of Community Services - Community Services are provided as a convenience to users and HK is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding HK products and services, including information from HK employees, they are not an official customer support channel for HK. You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, non-commercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by HK.
5. Reservation of Rights - The Site and Content provided on or through the Site are the intellectual property and copyrighted works of HK or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and HK reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.
6. Your Content - You agree that you will only upload, share, post, publish, transmit, or otherwise make available (‘Share’) on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to HK all of the licenses and rights set forth herein. By Sharing Content, you grant HK a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any HK Product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any Product or service distributed or offered by HK without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) HK's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law. You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. HK may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm. HK does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by HK on a non-confidential and unrestricted basis and HK shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in HK's Privacy Policy.
7. Security, Passwords and Means of Accessing the Site and Content - You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any HK account(s), computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any HK account(s), computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any HK account(s), computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any HK account(s), computer systems or networks without HK's express written permission. If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify HK immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.
8. No Unlawful or Prohibited Use - You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.
9. Indemnity - You agree to indemnify and hold harmless HK, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable Attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.
10. Monitoring - HK has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, HK reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. HK may remove Content that is confidential or proprietary to a third party without that third party's permission.
11. Termination of Use - HK may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that HK may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. HK may terminate or limit your access to or use of the Site if HK determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that HK shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.
12. Third Party Web Sites, Content, Products and Services - The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. HK is not responsible for third party Content provided on or through the Site or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Web sites and third party Content, products and services.
13. Disclaimer - EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. HK MAKES NO WARRANTY THAT : (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU FROM HK INCLUDING ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. HK SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. HK RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
14. Limitation of Liability - IN NO EVENT SHALL HK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
15. Exclusions and Limitations - SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 13 AND 14, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
16. Privacy Policy - HK is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see HK's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with HK 's Privacy Policy. You understand that HK collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to HK's Privacy Policy.
17. Persons Not of Age of Majority - Persons who are not of the age of majority are not eligible to use the Site, and we ask that no information in relation to such persons be submitted to us. The only exception in this regard is information in relation to usage of HK Product(s) by Students of educational institutions who enter into a License Agreement for use of HK Product(s). Such usage shall be governed by the Additional Terms for Students, which is available at https://hkinfoware.com/additionalterms.html.
18. Legal Compliance - You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of laws or regulations of the Republic of India, or in violation of any other applicable laws or regulations of the country from where you are accessing and/or using this Site and/or any products, services being provided by HK.
19. Intellectual Property - As used herein, Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired (“Intellectual Property Rights”). All Intellectual Proprietary Rights to any HK Product, this Site, HK Materials, and User Content belongs to HK or the individual or entity that submitted it. Nothing in these Terms shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any HK Product, this Site, any HK Materials, or any User Content for any reason, unless otherwise expressly permitted by these Terms or by law. You hereby agree to assign and do assign to HK (and HK accepts such assignment) any modifications or derivative works of any HK Software, this Site, and HK Materials made by You in contravention of this limitation without consideration of any kind.
20. Termination –
1. Termination by You - You may cancel your subscription and terminate your use of the Product(s) and/or service(s) being provided by HK at any time. Cancellation or termination of your account does not relieve you of any obligation to pay any outstanding fees associated with your subscription, including, but not limited to early cancellation fees.
2. Termination by Us - Unless agreed to the contrary, we may at any time immediately terminate or suspend your right to use and access this Site, Product(s) and/or service(s) being provided by HK, without refunds for any pre-paid fees, if in HK's sole discretion :
   1. you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
   2. you fail to make the timely payment of fees for the Product(s) and/or service(s) being provided by HK, if any;
   3. you physically, verbally or through other means abuse, threaten, bully or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Product(s) and/or service(s) being provided by HK);
   4. you have repeatedly made complaints in bad faith or without a reasonable basis and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Product(s) and/or service(s) being provided by HK);
   5. continuing to provide Product(s) and/or service(s) being provided by HK to you would violate any applicable law;
   6. we elect to discontinue the Product(s) and/or service(s) being provided by HK, in whole or in part if it becomes impractical for us to continue offering Services in your region due to change of law or other reason; or
   7. there has been an extended period of inactivity in your account
   8. If we terminate the Terms or your use of the Product(s) and/or service(s) being provided by HK for reasons other than for cause, as listed above, we will make reasonable efforts to notify you through the e-mail address you provide to us, at least 180 (One hundred eighty) days prior to termination, with instructions on how to retrieve your Content. Upon termination by us, you may lose access to your Content.
3. Survival - Upon the expiration or termination of these Terms, some or all of the Product(s) and/or service(s) being provided by HK may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities and the applicable laws provisions stated in the Terms will survive. 
21. Waiver and Severability - The failure of HK to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.
22. Applicable Laws - All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by and construed and interpreted in accordance with the laws of the Republic of India. All users of this Site and/or any Product and/or service provided by HK irrevocably agree that only the Courts in Kolkata, India shall have exclusive jurisdiction in relation to these terms including but not limited to its interpretation. Notwithstanding anything contained in these Terms HK shall be entitled at its discretion to take proceedings against the You/User before any appropriate Court or Tribunal in any territory in which You/User is located.
23. Exclusion of Warranties - This Site and Content are being provided to You “AS IS”. To the fullest extent allowable by law, HK does not guarantee or warrant any features or qualities of any HK Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on HK Websites and Content in promotional material or on HK Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published HK description of or advertisement except to the extent HK has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation from the management of HK.
24. Contact Information - If you have any questions regarding these Terms of Use, please contact us at info@hkinfoware.com .

 

Last Updated on : 7th February 2023