Welcome to www.energydais.com (“Website”), a portal for Encod Softech Private Limited. (“Company”).
A. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you if you are -
i. A business entity/organization that legally operates in India or in any other country, uses the Services provided by the Company and can form legally binding contracts under the applicable law (“you” or “User”).
ii. An individual who is not a minor as per applicable law, who is eligible to use the Services (“you” or “User”).
iii. Otherwise, a visitor and/or user of the Website (“you” or “User”).
The Services include, but are not limited to -
i. Provision of a directory service, i.e. a platform for listing of the Oil and Gas companies, including but not limited to national and international manufacturers and other users in the Oil and Gas sector, Oil and Gas Exploration and Production companies, shipping companies in the Oil and Gas sector, engineering consulting firms, independent consultants etc, along with the business analytics about the specific sector.
ii. Access to relevant tender notices along with the other relevant information pertaining thereto.
iii. Provision of a portal for trading of products related to and associated with the Oil and Gas industry.
iv. Provision of services pertaining to the Oil and Gas sector including but not limited to providing access to employment opportunities posted by peer companies.
v. Allowing Users to create Pages on the Website, after standard verification by the Company and/or its affiliated, that list the relevant details of the said User for access by other User(s)
This Agreement applies to the User/s who visit the Website for any purpose, and/or registered or unregistered User/s, by using either free or paid service provided by the Website.
B. ABOUT THE WEBSITE
The Website acts as a platform for Users to facilitate search, negotiation/interaction between the User(s) for buying, selling and transacting other business services by way of identifying the individuals/entities to trade on the Website, and relates specifically and exclusively to the Oil and Gas sector, and fields ancillary thereto.
The Company shall not take part in actual transaction(s) that may take place between the buyers, sellers or service providers and hence the Company shall not become a party to any contract for sale or services negotiated between Users. Users shall be responsible for their specific transactions. This Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between the Company and the other party.
Users desirous of registering with the Website shall pay such membership fees as may be fixed and displayed on the Website from time to time, and such registered User/s shall then be entitled to the benefits as provided in Annexure A. User Accounts will be created for Users, for the purpose of regulation of access to the Website and Services.
C. ADVERTISING MATERIAL
Part of the Website or the Services may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser/third party. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. The Company shall not be responsible, nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your reliance on the contents of the advertisement.
D. COLLECTION AND USE OF PERSONAL INFORMATION
E. CONTENT OF THE WEBSITE, OWNERSHIP AND LIMITED LICENSE
- Company Content: Company Content means the proprietary content of the Company made available through the Website and Services, including but not limited to, data, information, text, photographs, images, audio and video recordings, design along with other graphics, and other materials that are protected by copyrights, trademarks, service marks, or other intellectual or proprietary rights owned by the Company excluding Third Party Content and User Submissions.
- Third Party Content: You may be able to access, review, display or use third party services, resources, content or information via the Website or the Services.
- User Submissions: User Submissions mean the text, data, graphics, images, photos, video or audio-visual content, hypertext links and any other content that the Company allows its users to upload, post, compile or otherwise provide to Company via the Website and Services, as applicable.
The information that you share with the third party websites through the links contained on the Website, shall be available to the Company at all times, and the Company is free to share and/or utilize such information in any manner as it may deem fit.
- Ownership: The Website, the Services and the Company Content are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, the Company exclusively owns all right, title and interest in and to the Website, the Services, and the Company Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services or the Company Content. The Company claims no ownership interest in any Third Party Content and expressly disclaims any liability concerning those materials.
The Company accepts no responsibility for any errors or omissions, or for the results obtained from the use of the Content. The Content on this Website is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Content, and without warranty of any kind, express or implied. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Content on the Website and the Service/s. User(s) of the Website must hereby acknowledge that any reliance upon any Content shall be at their sole risk.
Any permitted use of the Content on the Website does not extend to using it for any illegal purpose, or to transmit to or through the Website or to or through any illegal, harmful, threatening, slanderous, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website and its Content. The Company reserves the right to terminate the account of such User, and to initiate legal action where necessary and expedient.
F. TRANSACTIONS ON THE WEBSITE
The Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. The Company accepts no liability for any acts, errors or omissions, whether on behalf of itself or third parties. The Company shall not be responsible for any non performance or breach of contract entered between various User/s and it does not guarantee performance of any transaction concluded on or through the Website.
The Company does not hold any right, title or interest over the products/ services or have any obligations or liabilities in respect of any transaction between the User/s at anytime whatsoever. The Company shall further not be responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or defective etc transacted through the Website. The Company shall not be obligated to resolve any disputes or disagreements between User/s.
G. USER’S OBLIGATIONS
You hereby agree and assure the Company that the Website and/or the Services shall be used for lawful purposes only and that you will not, knowingly or unknowingly violate laws, regulations, ordinances or other such requirements of any applicable central, state or local laws or any international laws. You further agree and concur that you shall not:
- circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Website or the Services;
- either directly or through the use of any device, software, internet Website, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company;
- either directly or through the use of any device, software, internet Website, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms;
- use the Website or the Services in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Company´s server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other person´s use and enjoyment of the Website or the Services;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website/Services;
- perform any activity which is likely to cause such harm;
- carry out any denial of service (DoS, DDoS) or any other harmful attacks on application or internet service or;
- use the Website or the Services for illegal or unlawful purposes;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company´s customer;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website or the Services;
- attempt to gain unauthorized access to the Services, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Services;
- incorporate the Website or the Services into or retransmit via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
- create, recreate, distribute or advertise an index of any significant portion of the Website or Services unless authorized by the Company;
- use or launch any robots, spiders, offline readers etc. or any other automated system, that accesses the Website or the Services in a manner that sends numerous automated requests to the Website´s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes;
- Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else;
- Impersonate or misrepresent your affiliation with any person or entity;
- Encourage or enable any other individual to do any of the foregoing.
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (User Feedback), including responses to questionnaires or through postings to the Services / the Website and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. By posting / submitting any User Feedback / User Submission on the Website, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Company, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future.
Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to its User Submissions.
You shall be financially responsible for your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors and access of the Website under your name or account and absolve the Company from any liability on this account. You also warrant that all information supplied by you or by members of your family for using the Services and accessing the Website, including without limitation your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
You agree that the Company may directly or through third party service providers send information to you about the various services offered by the Company from time to time.
You agree that the Company will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights, the Website and the Services security issues. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms or the rights of any third party.
You acknowledge that the Company has no obligation to monitor your access to or use of the Website, the Services or the Company Content or to review or edit any User Submissions or Third Party materials, but has the right to do so for the purpose of operating the Website and Services, to ensure your compliance with these Terms, or to comply with applicable law or any order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Company Content, Third Party Materials, and any User Submissions, that the Company, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Website or Services.
H. PROHIBITED ACTIVITIES
You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submission which:
- belongs to another person or to use which the User does not have any right;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another´s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary right(s);
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- contains misleading information regarding the origin of the Content; or
- otherwise contains objectionable content.
You understand and agree that the Company may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.
In no event shall the Company, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, Services or materials.
K. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU ON ACCOUNT OF YOUR USE, MISUSE OR RELIANCE ON THE WEBSITE, FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OF THE WEBSITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE WEBSITE. THE COMPANY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE WEBSITE OR OTHER MATERIAL ACCESSIBLE ON THE WEBSITE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Notice to a User shall be deemed to be received by such User, if and when the Website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Website's posting such notice on an area of the Web site that is publicly accessible without charge.
The Company reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice to the User/s. The Company also reserves the universal right to deny access to particular users to any/all of its Services/Content without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the Website. The Company reserves the right to limit, deny or create different access to the Website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
The Company holds the right to temporary or permanent termination of membership of any user for any of the following reasons:
a. If it concludes that the user(s) has provided any false information in connection with the member account to the Company, or are engaged in fraudulent or illegal activities.
c. Utilize Website to send spam messages or repeatedly publish the same product information.
d. Impersonate or unlawfully use another companies name to post information or conduct business of any form;
e. Any unauthorized access, use, modification, or control of the Web site data base, network or related services.
If the Company terminates user(s) membership, User(s) will not have the right to re-enroll or join the Company’s platform under a new account or name unless formally invited to do so by the Company. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the Website wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the Website be liable to the user(s) or any third parties for any inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website or any of its features.
N. GOVERNING LAW
1. Each provision of the Agreement is severable. Severance does not affect any other provisions.
3. The Company shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
5. The Company shall not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond our control. For the avoidance of doubt, the Company does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
6. If you have any questions or concerns about this Agreement please contact us at firstname.lastname@example.org.