ShepHertz Technologies Pvt. Ltd. (Herein after referred to as ‘ShepHertz’) services, products, etc, which are made available on the ShepHertz.com website and its sub-domains, App42 PaaS platform, App42 Cloud API, AppHawk, App42 Cloud SDK’s and any other software or services offered by ShepHertz in connection with any one of the products/ services, can be availed by the interested person (which expression unless repugnant to the context and meaning thereof shall always mean and include all person/s, company/ies, partnership firms or any other legal entity/ies etc, who are beneficiary/s of the services of ShepHertz ) subject to the acceptance of the terms and conditions mentioned herein below as well as all the rules, regulations and laws in force or modified or amended from time to time and are made applicable to the services and operations of ShepHertz.
TERMS AND CONDITIONS OF THE AGREEMENT FURTHER WITNESSES AS BELOW:
SHEPHERTZ’S ASSURANCE :-
We assure you that we will make best possible efforts on our part to make our service/s as best as we can. However, usage of our services/product/s by you is your sole discretion and we therefore, request you to satisfy yourself fully regarding the suitability for the products/ services used by you.
YOUR/BENIFICIARY’S OBLIGATIONS/COMMITMENTS:
a) Account on the Site and its Security: If you create any account/s on the Website or avail any services available thereon, you will be solely responsible for maintaining the security of the said account as well as all the activities done through the said account. ShepHertz will be neither responsible nor liable for any acts of omission/s or commission/s, including any damages of any sort resulting from any of your acts. However, it shall be your responsibility to immediately notify ShepHertz of any unauthorized uses of the said account or any other breaches of security.
b) Responsibility of Contributors: Entire responsibility for any material, links, messages on forums, comments, feedback, code etc posted on the Website by you and any harm/damage etc, caused there from, will be yours and ShepHertz will not be responsible for the same in any manner. You are entirely responsible for such content and any harm resulting from that Content. It shall be your responsibility to ensure that the content made available by you or any other act/s performed by you or anybody on your part does not violate any provisions of law nor does it infringe any person’s right/s in any manner. Content made available by you and the responsibility/ies arising there from will always be that of yours. You shall always be responsible to take necessary steps to ensure that:
- Downloading, copying and use of the content/s will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content/s, including but not limited to any software, or (ii) secured from your employer a waiver as to all right/s in relation with the said Content/s;
- You have fully complied with any third-party license/s relating to the Content/s, and have done all the necessary things for successfully passing through to the end user/s as per the required terms of the third party licence/s or any other applicable laws and norms;
- The Content/s do not contain or install any virus/es, worm/s, malware, Trojan horses or other harmful or destructive content/s;
- The Content/s is/are not spam, and does/do not contain unethical or unwanted commercial content/s designed to drive traffic to third party site/s or boost the search engine rankings of third party site/s, or to further unlawful act/s (such as phishing) or mislead recipient/s as to the source of the material (such as spoofing);
- The Content/s is/are not pornographic and does/do not contain any threat/s or incite violence towards individual, group/s or entity/ies and does not violate the privacy or publicity right/s of any third party;
Without limiting any of the above representations or warranties, ShepHertz has all the right/s, in its sole discretion to:
(i) Refuse or remove any content that, in ShepHertz reasonable opinion, violates any policy of ShepHertz or is in any way harmful or objectionable, or
(ii) Terminate or deny access to and use of the Website to any individual or entity for any reason as per the sole discretion of ShepHertz.
In case ShepHertz initiates any of the previously mentioned steps, it will not be under any obligation to refund any amount/s previously paid by anyone to ShepHertz, in relation with their services/facilities.
c) Intellectual Property: By the present agreement, ShepHertz has not transferred to you any of its or third party intellectual property rights nor does it promise to do so.
d) Changes: ShepHertz reserves the right, at its sole discretion, to modify or replace any part of this Agreement and the same will also be binding on you. It is your responsibility to check this Agreement periodically for changes. Your continual use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes by you. ShepHertz may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement or any modification of terms and conditions, effected by ShepHertz at the relevant time and will also be binding on you, in case you avail the same.
e) Termination: ShepHertz may terminate your access to all or any part of the Website and its subdomains at any time, with or without cause or notice, effective immediately and you shall have no grievance/s, claim/s etc for the same. However, if you wish to terminate this Agreement or your ShepHertz.com account (if you have one), you may simply discontinue using the Website.
f) Disclaimer of Warranties: The Website is provided on “as is” basis. ShepHertz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ShepHertz nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you whatever download from, or otherwise obtain content or services through, it is at your own discretion and risk and that ShepHertz will not be liable for any claims of any sort from anybody in relation to any of its services.
g) Limitation of Liability :- ShepHertz or its supplier/s or licensor/s or anyone associated with ShepHertz in relation to the services/facilities, provided under this agreement, will not be liable for any claim of any sort from you or anyone claiming through or on your behalf for negligence, strict liability or other legal or equitable reliefs etc, including :-
(i) Any special, incidental or consequential damage/s; OR
(ii) The cost of procurement of substitute product/s or service/s; OR
(iii) For interruption of use or loss or corruption of data; OR
(iv) For any reason whatsoever; OR
h) General Representation and Warranty: You represent and warrant that:
a. Your use of the Website will be in strict accordance with the ShepHertz Privacy Policy, and other terms & conditions of this Agreement as well as all applicable laws and regulations (including without limitation, any local laws or regulations in your country, state, city, or other governmental area) regarding online conduct and acceptable content and also include all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
b. Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
i) Indemnification: You agree to indemnify and hold harmless ShepHertz, its contractor/s, and its licensor/s, and its respective director/s, officer/s, employee/employees and agent/s from all claims and expenses, including attorney fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
j) Jurisdiction: For any dispute/s, whatsoever, arising out of or in relation with the present agreement, the courts in India will have jurisdiction for adjudicating and deciding the same.