Terms of Service

Last Updated On May 29, 2020

Home » Policies » Terms of Service

The Bindhexa website located at bindhexa.com is a copyrighted work belonging to Bindhexa. Certain features of the site may be subject to additional guidelines, terms, or rules, which will be posted on the site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these terms.

These terms of service described the legally binding terms and conditions that oversee your use of the site. By logging into the site, you are being compliant that these terms and you represent that you have the authority and capacity to enter into these terms. You should be at least thirteen years old to access the site. If you disagree with all of the provision of these terms, do not log into and/or use the site.

Contents

Access to the site

Subject to these terms

Company grants you a non-transferable, non-exclusive, revocable, limited license to access the site solely for your own personal, non-commercial use.

Certain restrictions

The rights approved to you in these terms are subject to the following restrictions:

  • You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the site.
  • You shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the site.
  • You shall not access the site in order to build a similar or competitive website.
  • Except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the site shall be subject to these terms. All copyright and other proprietary notices on the site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the site with or without notice to you. You approved that company will not be held liable to you or any third-party for any change, interruption, or termination of the site or any part.

User-generated content

User content

User content means any and all information and content that a user submits to the site. You are exclusively responsible for your user content. You bear all risks associated with the use of your user content. You hereby certify that your user content does not violate our acceptable use policy. You may not represent or imply to others that your user content is in any way provided, sponsored or endorsed by company. Because you alone are responsible for your user content, you may expose yourself to liability. The company is not obliged to backup any user content that you post; also, your user content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your user content if you desire.

You hereby grant to company an irreversible, non-exclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your user content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your user content in the site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your user content.

Acceptable use policy

You agree not to use the site to collect, upload, transmit, display, or distribute any user content:

  • That violates any third-party right or any intellectual property or proprietary right.
  • That is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
  • That is harmful to minors in any way.
  • That is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to:

  • Upload, transmit, or distribute to or through the site any software intended to damage or alter a computer system or data.
  • Send through the site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages.
  • Use the site to harvest, collect, gather or assemble information or data regarding other users without their consent.
  • Interfere with, disrupt, or create an undue burden on servers or networks connected to the site, or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the site, whether through password mining or any other means.
  • Harass or interfere with any other user’s use and enjoyment of the site.
  • Use software or automated agents or scripts to produce multiple accounts on the site, or to generate automated searches, requests, or queries to the site.

We reserve the right to review any user content and to investigate and/or take appropriate action against you in our sole discretion if you violate the acceptable use policy or any other provision of these terms or otherwise create liability for us or any other person. Such action may include removing or modifying your user content, terminating your account, and/or reporting you to law enforcement authorities.

If you provide company with any feedback or suggestions regarding the site, you hereby assign to company all rights in such feedback and agree that company shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. The company will treat any feedback you provide to company as non-confidential and non-proprietary.

You agree to indemnify and hold company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:

  • Your use of the site.
  • Your violation of these terms.
  • Your violation of applicable laws or regulations.
  • Your User Content.

Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the company. The company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Links and ads

The site may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such third-party links and ads are not under the control of company, and company is not responsible for any third-party links and ads. The company provides access to these third-party links and ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links and ads. You use all third-party links and ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party links and ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other users

Each site user is solely responsible for any and all of its own user content. Because we do not control user content, you acknowledge and agree that we are not responsible for any user content, whether provided by you or by others. You agree that company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any site user, we are under no obligation to become involved.

You hereby release and forever discharge the company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the site.

Cookies and web beacons

Like any other website, Bindhexa uses cookies. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Our advertising partners

Some of the advertisers on our site may use cookies and web beacons. Each of our advertising partners has their own privacy policy for their policies on user data.

Disclaimers

The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation of liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and termination

Subject to this section, these terms will remain in full force and effect while you use the site. We may suspend or terminate your rights to use the site at any time for any reason at our sole discretion, including for any use of the site in violation of these terms. Upon termination of your rights under these terms, your account and right to access and use the site will terminate immediately. You understand that any termination of your account may involve deletion of your user content associated with your account from our live databases. The company will not have any liability whatsoever to you for any termination of your rights under these terms.

Bindhexa respects the intellectual property rights of others. You can notify Bindhexa of possible copyright infringement, and Bindhexa will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:

  • A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.
  • A description of the copyrighted work or other intellectual property that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on Website reasonably sufficient to permit Bindhexa to locate the material.
  • Your contact information, including your address, telephone number, and email.
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-notice

If the Bindhexa user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the designated agent listed below:

  • A physical or electronic signature of the user.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
  • A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.
  • The user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the court for the judicial district in which the user’s address is located, or if the user’s address is located outside India, for any judicial district in which Bindhexa is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the designated agent, Bindhexa may send a copy of the counter-notice to the original complaining party informing that person that Bindhexa may replace the removed material or cease disabling it in thirty business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in thirty business days or more after receipt of the counter-notice, at Bindhexa’s discretion.

General

These terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these terms will be effective upon the earliest of thirty calendar days following our dispatch of an e-mail notice to you or thirty calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our site. Continued use of our site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. Please read this arbitration agreement carefully. It is part of your contract with company and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Applicability of arbitration agreement

All claims and disputes in connection with the terms or the use of any product or service provided by the company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This arbitration agreement applies to you and the company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the terms.

Notice requirement and informal dispute resolution

Before either party may seek arbitration, the party must first send to the other party a written notice of dispute describing the nature and basis of the claim or dispute and the requested relief. A notice to the company should be sent to support@bindhexa.com, after the notice is received, you and the company may attempt to resolve the claim or dispute informally.  If you and the company do not resolve the claim or dispute within thirty days after the notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Additional rules for non-appearance based arbitration

If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Electronic communications

The communications between you and company use electronic means, whether you use the site or send us emails, or whether company posts notices on the site or communicates with you via email.

For contractual purposes, you:

  • Consent to receive communications from Company in an electronic form.
  • Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copywriting.

Entire terms

These terms constitute the entire agreement between you and us regarding the use of the site. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles in these terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these terms is held to be invalid or unenforceable, the other provisions of these terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to company is that of an independent contractor, and neither party is an agent or partner of the other. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The company may freely assign these terms. The terms and conditions set forth in these terms shall be binding upon assignee.

Copyright/Trademark information

Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the site are our property or the property of other third-parties. You are not permitted to use these marks without our prior written consent or the consent of such third party which may own the marks.

By using this website, you agree to our terms of service.

Contacting us

If you have any questions regarding this terms of service, you may mail us at support@bindhexa.com or visit our contact page.

Updates to this terms of service

We reserve the right to update these terms of service, and the date of the last update can be viewed at the top of this page.