These terms and conditions (“terms and conditions”) state important requirements regarding your use of Salescom Services Private Limited’s support service and your relationship with Salescom Services Private Limited. Please read them carefully as they contain important information and instructions and our rights to change its conditions, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court.

These terms and conditions, and the privacy policy, state the entire agreement between you and Salescom Services Private Limited (the “agreement”). You must agree to the Terms and Conditions in order to be eligible to use the Salescom Services Private Limited Portal (defined below), or obtain services (defined below).

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

“You” means you individually, any person, including any employer that you are acting on behalf of “Salescom Services Private Limited″.

All references to “services” refer to any use of the Salescom Services Private Limited located at https://www.salescom.in or by calling the Salescom Services Private Limited phone number mentioned herein. These terms and conditions govern all services available through the Salescom Services Private Limited, and any use of the same.

“Materials” means any web casts, downloaded materials, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Salescom Services Private Limited portal are the proprietary and copyrighted work of Salescom Services Private Limited and/or its suppliers. The definition of “materials” does not include the design or layout of the Salescom Services Private Limited website or any other Salescom Services Private Limited owned, operated, licensed or controlled site.

“Software” means a computer program of any kind, whether owned by Salescom Services Private Limited or a third party, whether delivered via download, CD, other media, or other delivery method, including the client and/or network security software. Elements of the software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Salescom Services Private Limited software and third party software.

Subject to the terms and conditions, and other terms, Salescom Services Private Limited will address your query using commercially reasonable efforts in providing appropriate solutions under the services. In most cases, Salescom Services Private Limited will attempt problem diagnosis and propose a solution over the telephone, through chat, email or other means as it deems most appropriate under the circumstances.

Salescom Services Private Limited’s. privacy policy is an integral part of these terms and conditions is incorporated here by reference. If you have not yet reviewed the Salescom Services Private Limited privacy Policy, then please do so prior to agreeing to these terms and conditions. You agree that beyond the personal information identified in the privacy policy, any information or data disclosed or sent to Salescom Services Private Limited over the telephone, electronically or otherwise, is not confidential or proprietary to you.

Unless otherwise specified, the services and the materials are for your personal and non-commercial use in addressing matters as needed. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the services or materials. Any services, materials, and software are available only in connection with services under a valid service plan.

As a condition of your use of the Salescom Services Private Limited website or any services, you will not use the materials, software or services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the services, materials, or software in any manner that could damage, disable, overburden, or impair any Salescom Services Private Limited’s server, or the network(s) connected to any Salescom Services Private Limited server, or interferes with any other party’s use and enjoyment of any of the Salescom Services Private Limited portal, the materials, software or services. You may not attempt to gain unauthorized access to any Salescom Services Private Limited portal, the materials, software or services, other accounts, computer systems or networks connected to any Salescom Services Private Limited server or to any of the Salescom Services Private Limited portal, the materials, software or services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Salescom Services Private Limited portal, the materials, software or services or information through any means other than that specifically permitted to you.

You agree to use the communication services only to post, send and receive messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that when using the communication services, you will not: use the communication services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Use any material or information, including images or photographs, which are made available through the materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication services specifically allow such messages.

Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the communication services. Violate any code of conduct or other guidelines which may be applicable for any particular communication service.

Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading Salescom Services Private Limited or others.

Salescom Services Private Limited has no obligation to monitor the communication services. However, Salescom Services Private Limited reserves the right to review materials posted to the communication services and to remove any materials in its sole discretion. Salescom Services Private Limited reserves the right to terminate your access to any or all of the communication services at any time, without notice, for any reason whatsoever. Salescom Services Private Limited reserves the right at all times to disclose any information as Salescom Services Private Limited deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Salescom Services Private Limited′ s sole discretion. Any materials uploaded to the communication services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Unless otherwise specified, the services and the materials are for your personal and non-commercial use in addressing matters as needed. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the services or materials. Any services, materials, and software are available only in connection with services under a valid service plan.

You may not create hyperlinks to any portion of the Salescom Services Private Limited portal, nor any materials or software posted therein.

You agree to indemnify, defend, and hold Salescom Services Private Limited, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of these terms and conditions, misuse or abuse of a service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Salescom Services Private Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Salescom Services Private Limited You agree immediately to notify Salescom Services Private Limited of any unauthorized use of your account or any other breach of security known to you.

Salescom Services Private Limited may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Salescom Services Private Limited’s employees and others as appropriate to your service under a plan order Communications services shall only be used under an accepted plan order, and not for any other purpose.

As permitted through a service, you may use materials and software posted on the Salescom Services Private Limited portal, which may be available for additional purposes and or subject to additional restrictions.

Any other use of the Salescom Services Private Limited portal, services, materials or software, other than as explicitly permitted by Salescom Services Private Limited is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Salescom Services Private Limited and its suppliers.

In connection with obtaining services, you agree that you will: Software/Data Backup: You understand and agree that Salescom Services Private Limited shall under no circumstance be responsible for any lost or corrupted software or data. Salescom Services Private Limited strongly recommends that you at all times maintain a complete data backup and disaster recovery plan. Security: For you to submit a plan order, you must complete the registration process by providing us with current, complete and accurate information as prompted by and required under the applicable registration form.

Services shall not include the following:

Any item or activity not covered by the terms of a plan order; service beyond the duration limitations identified in your plan order; problem diagnosis and support that may not be completed because of a problem with your computer, or their configuration that is beyond our control; Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
Problems that may and do result from:

External causes such as accident, abuse, misuse, or problems with electrical power; Usage that is not in accordance with product instructions provided by manufacturer; Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance; or Problems caused by using accessories, parts, or components not compatible with the product. Non-compliance with the Salescom Services Private Limited Technician’s instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE SALESCOM SERVICES PRIVATE LIMITED PORTAL, OR THROUGH A SERVICE

For your convenience, Salescom Services Private Limited may make available materials or software (as each term is defined above) for use and/or download, whether as a part of a service, or in promotion of the services. Use of any materials and any software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific materials and software, or (b) if there is no EULA, these Terms and Conditions. The materials and software are made available for download solely for use by you according to (a) the EULA, and (b) the plan order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties.

Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any Salescom Services Private Limited web site may be copied or retransmitted unless expressly permitted by Salescom Services Private Limited without limiting the foregoing, copying or reproduction of the materials or software to any other server or location for further reproduction, redistribution or any other purpose is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the EULA accompanying such material or software.

As part of the services, Salescom Services Private Limited may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portals, training, music, gaming and storage services that Salescom Services Private Limited may elect to make available from time to time. Violation of such third party provider’s terms of service may result in the termination of your customer account and use of service basedSalescom Services Private Limited′s sole discretion,

Notwithstanding anything to the contrary in no event shall Salescom Services Private Limited be liable to you in excess of the amounts actually paid by you to Salescom Services Private Limited under the plan order that is the subject of the dispute.

Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

Salescom Services Private Limited at its sole election may terminate or suspend your service immediately without notice if, in the sole discretion of Salescom Services Private Limited (a) you are in breach of any of the terms and conditions (including but not limited to all policies regarding abuse and acceptable use of the service) or any license for third party software; (b) your use of the service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the service, Salescom Services Private Limited′s network, or the use and enjoyment of Salescom Services Private Limited′s other users; (c) Salescom Services Private Limited receives an order from a court to terminate the service you are availing; (d) if you are no longer a customer of Salescom Services Private Limited, or (e) Salescom Services Private Limited determines that you are abusing the service. Salescom Services Private Limited, in its sole discretion, may refuse to accept your request for the service, renewal or re-subscription following a termination or suspension of your use of the service.

If any provision of the terms of service be held invalid or inapplicable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the terms of service shall remain in full force and effect. Salescom Services Private Limited′s failure to enforce any provision of the terms of service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

The Salescom Services Private Limited website is available internationally and may contain references to Salescom Services Private Limited’s. products, services, and programs that are not available in a viewer’s country. These references do not imply that Salescom Services Private Limited intends to make such products, services, or programs available in such country.

Salescom Services Private Limited reserves the right to amend the terms and conditions, and the Salescom Services Private Limited portal at any time by (a) posting a revised version of the terms and conditions on the Salescom Services Private Limited’s portal or by (b) sending information regarding any amendment to the terms of service to the email address you provide to Salescom Services Private Limited in connection with registration. You are responsible for regularly reviewing the Salescom Services Private Limited website to be notified of any amendments to the terms and conditions. Your use of the Salescom Services Private Limited portal or the services after an amendment to the terms and conditions shall be deemed acceptance by you of the amended terms and conditions.

This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of India without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.