This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.1. The term "provider," including all its synonyms and would mean "Gavista.com," and GavistaTech having its registered office at "GAViSTA TECH", #3381 ,2 main, 13 cross, K R Road, Shastry Nagar, Bangalore, Karnataka, India 560-028 (Hereinafter termed as "GavistaTech"). The term would also include any agent(s) who have been so authorized by GavistaTech to act in their behalf.
1.2. The term "authorized Subscriber" would include any person, whether an individual or a legal entity who has subscribed to the services of GavistaTech, and to whom the access is restricted by the use of a sign in Subscriber name and a password. The Subscriber name and password are either allotted by GavistaTech or chosen by the Subscriber or agreed upon by GavistaTech. It is made abundantly clear that only the authorised Subscriber has the right to access the services so offered by GavistaTech.
1.3. For the purposes of this subscriber agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an "unauthorised Subscriber" and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
1.4. The term "Subscriber" would include both the authorised and unauthorised Subscriber(s)
1.5. The terms "service" or "services" would mean to include the interactive online information service offered by GavistaTech on the internet through which the Subscriber may access judgments, statutes, rules and procedures etc. the terms would include to mean the search tools through which the Subscriber can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Subscribers then select one or more of the items presented to view the full document/ record.
1.6. The term "organization" would be used to define any company, partnership firm, institute, trust or any such entity which has a legal personality but is not a natural person.
1.7. The term "Downloaded Data" means insubstantial portions of the Data downloaded and temporarily stored to a storage device under Subscriber's exclusive control.
1.8. The term "Order Form" means any order form attached to this Agreement, either in print or online, setting out the Data and Features including subscription plan available to Subscriber and the price charged there for.
2. Website License
2.1. The services so offered by GavistaTech, are subject to the Subscriber agreeing to all the terms and conditions of the license.
2.2. GavistaTech grants the Subscriber a non-exclusive, non-transferable, revocable, limited license to access and use for research purpose the online services and materials from time to time made available.
2.2 a. The right to electronically display materials retrieved from the online services to no more than one person at a time.
2.3. The license includes the right to download and temporarily store insubstantial portions of data ("Downloaded Data") to a storage device under subscriber's exclusive control. To display internally such downloaded data. To quote and excerpt from such downloaded data (appropriately cited & Credited) by electronic cutting & pasting or other means in subscriber's own work products. To create printouts of substantial portions of data for internal use and for distribution to third parties if such third parties agrees not to distribute the printouts.
2.4. GavistaTech reserves the right to terminate this license at any time for any reason.
2.5. No material/content downloaded from the Web Site of GavistaTech shall be reproduced, transmitted or stored in any other Web Site nor shall any of its pages be disseminated, either in electronic or non-electronic form, or included in any public or private electronic retrieval system or service without the prior written permission of GavistaTech.
2.6. It is made abundantly clear that GavistaTech does not have absolute control over the contents posted on the web site and hence does not guarantee the accuracy, quality or integrity of such content. The views expressed in the article section of the web site are those of the respective authors and not of GavistaTech. Any illegal or offensive content posted on the site, if detected, should be brought to GavistaTech's attention for immediate action. GavistaTech will not be responsible in any manner for any defamatory or contemptuous matter posted herein.
3.1. In order to become and remain an authorised Subscriber a party has to
3.1.1. Complete the order form;
3.1.2. Pay the subscription fee applicable as mentioned in the order form;
3.1.3. Pay for usage of information/data according to the GavistaTech product pricing policy. The subscription fee applicable and the product price information price card are available on pricing page.
3.2. After payment of the subscription fee applicable and after reading this entire document and the Terms and Conditions and Copyright Notice contained in it, the intending subscriber should confirm that he/it accepts all the terms and conditions herein and agrees to be bound by them and to observe them strictly by clicking the "I accept" or "Submit" button on the program and/or by submitting to GavistaTech the registration form included in this document. It is made clear that by clicking on the "I ACCEPT" or "Submit" button, the party gets all the rights and liabilities as it would have got in case of physically signed any document.
3.3. In the case of organisations the individual signing shall be presumed, by the act of signing, to have represented that he has the full authority of the organization to sign and act on its behalf. The organisation shall provide GavistaTech with the names of all its members who will be the authorised Subscribers of the service and the said organization shall ensure that its access rights are restricted to members proposed by them. The organizations will be directly responsible and liable in case of any misuse of the service.
3.4. After completion of what is prescribed in 3.1 to 3.3 above, the subscriber will obtain his/its sign-in identity and password allotment/ permission to use which will constitute the offer and acceptance of the terms and conditions herein by GavistaTech and the intending subscriber, thus constituting him/ it an authorised Subscriber herein permitted to avail the service and/or access the data and information of GavistaTech, in any form, and shall hereinafter be referred to as "subscriber".
3.5 The subscriber shall be responsible for keeping secure the Subscriber identity and password required to access the Online Service. For the purpose of this Agreement, all actions performed by any person using the identity and password allotted to the subscriber shall be deemed to have been committed by the subscriber and the subscriber shall be liable for the same. The subscriber shall ensure that the password is kept confidential and the subscriber shall ensure that the password should not be shared with unauthorized Subscribers. GavistaTech reserves the right to terminate the license at any time if it is found that the subscriber has been sharing the password with any unauthorized Subscriber.
3.6. An organisation may subscribe and obtain multiple license access for multiple Subscribers who are valid constituents of that organisation. For this purpose, paid employees of any organization, patrons of a library, and enrolled students, faculty and other staff members of an educational institution are considered "valid" constituents. Provided however, that the organisation shall bear the sole responsibility for ensuring the compliance with and observance of the terms and conditions herein entered by its constituents and shall be liable for actions of its constituents in relation to the Online Service and its contents.
3.7. The subscriber accepts that by the action of viewing and/ or downloading the information from the GavistaTech website, it has performed the action of using the GavistaTech website.
3.8. In addition to the subscription fee and usage charges, the subscriber is liable to pay any and all taxes, duties and levies which may be applicable as per law or regulation and which GavistaTech may apply to the total billing of the subscriber.
3.9. A detailed statement of the subscription and usage charges, for subscribers under Transactional Pricing, which the subscriber may incur, will be available for the subscriber to view and verify on the information service. This shall be treated as final and binding unless the subscriber shall bring to the notice of GavistaTech any discrepancies within seven days of the charge having been debited to it/him after which period any such charges shall be deemed to have been debited and accepted by the subscriber.
3.10. The Subscriber has to pay a one-time registration charge. He will be allotted a sign-in name and password as per the registration request. The registration charges shall be non refundable.
4.1. Payments can be made either by a credit card/debit card/online bank transfer. No cash/cheque/dd will be accepted. The payment made against the Subscription is not refundable under any circumstances.
5. Delayed Payments
5.1. Without prejudice to the rights of GavistaTech, under this subscription or otherwise, to demand the payment of and/ or recover the amounts due from the subscriber, in the event of the subscriber failing to pay the subscription and usage charges within the stipulated period, GavistaTech reserves the right to discontinue the subscriber's right to access GavistaTech web site and to levy penalties including interest on the amounts outstanding. GavistaTech also reserves the right to recover the said amount from the subscriber in any legal manner, under civil or criminal law, and the subscriber shall be liable for any costs thereof.
6.1. The prices, terms and conditions and/ or other matters provided in the Price List, and any modifications carried out by GavistaTech and any notices served upon the subscriber by GavistaTech shall be deemed to be included in the terms and conditions herein.
6.2. GavistaTech reserves the right to modify the terms and conditions including the subscription and the charges, and to introduce new ones. Such modifications shall become effective forthwith on the issue of either specifically to the subscriber or generally a notice to that effect by GavistaTech on the website.
6.3. The subscription amount paid by the subscriber shall be for the fixed term/ plan and any modification in the subscription charges shall be applicable on the commencement of next renewed plan term. However, the introduction of any additional feature/ database by third party content provider through GavistaTech will be made available to the existing subscriber only after making up the deficit payment.
6.4. The subscriber's continued use of service after the publication of the notice conveying the modification shall conclusively be deemed to be the acceptance of the modified terms and conditions.
6.5. GavistaTech has the right to prevent access to all or part of the Web Site without notice, if the conduct of the Subscriber is in contravention with the Terms and Conditions of Use or the applicable laws. GavistaTech shall have a right to make such additions to, deletions from and other modifications, as it may deem fit, of the database and in the database, and/ or the manner of presenting and providing such databases, including the basic structure and features thereof,without giving notice thereof to the subscriber.
6.6. GavistaTech shall not be liable or responsible, whether under law or equity, for any delays, defaults or interruptions in the performance of the Service.
7. Intellectual Property Rights
7.1. Except as expressly provided in the Terms & Conditions of Use of the Web Site GavistaTech, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
7.2. The Subscriber agrees that copyrights, trademarks, patents, designs and other proprietary rights and laws protect the Web Site. Any rights not expressly granted herein are reserved.
7.3. The Subscriber is also cautioned against any conduct on his part that infringes or purports to infringe the copyright or other proprietary rights or laws. The Subscriber shall not, under any circumstances whatsoever, use the printouts of the material available on this Web Site for any purpose that violates the copyright or any other proprietary rights of GavistaTech. The Subscriber shall not remove the copyright notices or other notices from the printouts of material taken from the Web Site.
8. Copyright Laws
8.1. Content or information available on the Web Site GavistaTech is protected by the Copyright Act 1957 and is subject to GavistaTech's Copyright.
8.2. Certain information and data made available by GavistaTech are the property of the content provider's [judis.nic.in] and are identified as such. The information and data are protected by copyright and other intellectual property laws and no such right is deemed to have been transmitted by this arrangement to the Subscriber. As described elsewhere, the subscriber has obtained only the limited right to use, in the manner set out earlier, the information provided hereunder.
9. Limitations on use
9.1. The Content on the Web Site is for personal use only and not for commercial exploitation.
9.2. Subscriber may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Web Site or the Content. Nor may Subscriber use any network monitoring or discovery software to determine the Site architecture, or extract information about usage or Subscribers.
9.3. Subscriber may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without GavistaTech's prior written permission.
9.4. Subscriber may not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above.
9.5. Subscriber may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available, on or through the Web Site in violation of the export control laws and regulations of India. Any unauthorized use of the Web Site or its Content is prohibited.
9.6. Combine the whole or any part of the Data with any other software, data or material.
9.7. Subscriber may use Data cached in Subscriber's local disk drive solely in support of its use of the Service.
9.8. Certain software used by Subscriber may not be capable of supporting the Service, and the performance of the Service will vary with the hardware on which it is used.
9.9. Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement.
9.10. Subscriber undertakes to use its reasonable endeavours to ensure that the Service shall not be accessed or used by third parties other than those entitled to do so by virtue of this Subscriber Agreement.
9.11. Subscriber shall use its reasonable endeavours to keep any Downloaded Data secure and to prevent any third party duplicating or otherwise reproducing in whole or in part Downloaded Data or any part thereof other than for the exercise of the rights granted by this Agreement, and shall use its reasonable endeavours to prevent whether by act or omission such duplication or reproduction except as permitted by the terms of this Agreement.
9.12. The text of all the judgments provided on the site are computer generated. The authenticity, correctness and preciseness of the text of the judgments must be verified from the certified copy of the judgment.
10.1. Notwithstanding anything contained herein, either party shall be entitled forthwith to terminate this subscription. In case of GavistaTech terminating this subscription, GavistaTech may forthwith discontinue the subscriber's right to access the Service. However GavistaTech shall not be liable to make any refunds in the event of subscriber indulging into activities strictly refrained from. In case of the subscriber terminating this subscription, the subscriber shall be responsible and liable for all charges up to the time at which GavistaTech actually receives the notice of termination.
11. Consequences of Termination
11.1. The warranties and indemnities, the provisions in relation to the payment of money due to GavistaTech and the restrictions on the rights of the subscriber in relation to the use of the Database, contained herein shall survive the termination or expiry of this subscription.
11.2. Upon termination, the Subscriber must destroy all materials obtained from the Web works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout Site.
12. Errors and Corrections
12.1. GavistaTech makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not represent or warrant that the information available on or through the Web Site will be correct, accurate, reliable, uninterrupted, or timely.
12.2. GavistaTech does not represent or warrant that the Web Site will be error free, free of viruses or other harmful components, or that the defects will be corrected.
12.3. The Subscriber is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the Web Site for the reconstruction of any lost data.
12.4. The Subscriber shall not post or transmit any material that contains a virus or corrupted data. GavistaTech reserves the right in its sole discretion and without any obligation, to make improvements and/or changes to its features, functionality or material, at any time.
12.5. The Subscriber shall also not post any material, links to any material, which violate any laws of India.
13.No Legal Advice
13.1. Material or information contained on or made available through the Web Site is not intended to and does not constitute legal advice nor does it, in any manner establish a client-advocate relationship.
14.1. GavistaTech may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws.
14.2. GavistaTech will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors materials.
16.1. Except as provided in clause 8.2 hereof, no notice consent or the like (in this clause referred to generally as "notice") required or permitted to be given under this arrangement shall be binding unless in writing and may be given personally or sent to the party to be notified by pre-paid registered post, courier or by electronic mail or facsimile transmission at his/ its address as set out above or as otherwise notified in accordance with this clause.
16.2. A notice given personally shall be deemed given at the time of delivery.
16.3. A notice sent by post or courier in accordance with this clause shall be deemed given at the commencement of business of the recipient on the date of receipt of the notice by the recipient or fourth business day following its posting whichever is earlier.
16.4. Notice sent by telex, electronic mail or facsimile transmission in accordance with this clause shall be deemed given at the time of its actual transmission.
16.5. The Subscriber is to keep himself aware of the terms and conditions of the website, by checking this page at least once on a month. No further notice shall be given to the Subscriber of the change in the terms and conditions one is subjected to.
17. Severability of Provisions
19. Remedies for Violations
19.1. GavistaTech reserves the right to seek all remedies available at law and equity for violations of the Terms and Conditions of Use, including but not limited to, the right to block access from a particular Internet address to GavistaTech's website and its features.
20. Governing Law and Jurisdiction
20.1. The Terms and Conditions of Use are governed by and construed in accordance with the Indian Law and any action arising out of, or relating to these terms shall be subject to the exclusive jurisdiction of the appropriate Courts at Bangalore only and Subscriber hereby consent and submit to the personal jurisdiction of such courts at Bangalore for the purpose of litigating any such action.
21.1. The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.
22. Exclusion of Liability
22.1. GavistaTech makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not guarantee or warrants its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose.
22.2. The information/material provided on the Web Site is provided on an "As Is" basis. GavistaTech accepts no responsibility with respect to the information on the Site expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
22.3. GavistaTech shall not be liable in contract, tort, derelict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the Service (whether or not caused by the negligence of GavistaTech).
22.4. GavistaTech shall not be liable in contract, tort, derelict or otherwise for any loss of revenue business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising suffered in connection with the Service (whether or not caused by the negligence of GavistaTech).
22.5. Without prejudice, in no event shall GavistaTech, its Affiliates and/or Contributors be liable to Subscriber for any claim(s) relating in any way to:-
I. Subscriber's inability or failure to perform legal or other research related work or to perform such legal or other research or related work properly or completely, even if assisted by GavistaTech, its Affiliates and/or Contributors or any decision made or action taken by Subscriber in reliance on the Data.
II. Any lost profits (whether direct or indirect) or any consequential, exemplary incidental, indirect or special damages relating in whole or in part to Subscribers' rights under this Agreement or use of or inability to use the Service, Features or Data even if Suppliers, its Affiliates and/or Contributors have been advised of the possibility of such damages.
22.6. Subscriber shall accept sole responsibility for and GavistaTech shall not be liable for the use of the Service by Subscriber, or any Subscriber and Subscriber shall hold Supplier harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.
22.7. GavistaTech disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
22.7.1. Any errors in or omissions from the Web Site and its content, including but not limited to technical inaccuracies and typographical errors
22.7.2. Any third party Web Sites or Content therein directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions there from
22.7.3. The unavailability of this Site or any portion thereof;
22.7.4. Subscriber use of any equipment or software in connection with the Site; or
22.7.5. Subscriber use of the Site.
22.8. GavistaTech shall not responsible if any information/page is downloaded from GavistaTech and after downloading complete/partial, text/information is altered/removed/obscured contained therein.
23. Limitation of Liability
23.1. Subscriber's exclusive remedy and GavistaTech's (its Affiliates' and/or Contributor's) entire liability under this Agreement if any, for any claim[s] for damages relating to the Service, Features or Data made against them individually or jointly whether based in contract or negligence shall be limited to the aggregate amount of the Service Charges paid by Subscriber relative to the specific Feature (Database, Service, function or other gateway) which is the basis of the claim(s) during the 12 month period preceding the event giving rise to such claim.
23.2. None of the terms of this Agreement shall operate to: exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of Supplier or its Affiliates or the appointed agents or employees of Supplier or their Affiliates whilst acting in the course of their employment; or affect statutory rights where this Agreement is entered into as a consumer transaction
24. Linking to the Web Site
24.1. A Subscriber may provide links to this Web Site, provided
24.1.1. The Subscriber does not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site
24.1.2. The Subscriber discontinues providing links to this Site if requested by us.
25. Link to other Websites and Linking Disclaimer
25.1. Third party Content may appear on the Web Site or may be accessible via links from the Web Site. GavistaTech shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content contained in any third party Content appearing on the Web Site. GavistaTech has no control or authority either over the Content or presentations thereof, which solely represent the thoughts of the author and is neither endorsed by, nor does it reflect the belief of GavistaTech.
25.2. Any claim either in contract, tort or otherwise relating to damages, loss, injury or determined caused by, or on account of reliance on such Content, is wholly disclaimed by GavistaTech.
25.3 Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
26. Force Majeure
26.1. GavistaTech's performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of GavistaTech, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like.
What Clients Say About Us
Our company has served a long list of satisfied customers from across the world. My company is completely satisfied with the software development services we got from Gavista Tech . Apart from unique services, charges are also very low. It has a great team with 100% enthusiasm.
I was searching for an App development company and finally our search ended on Gavista Tech . It has skilled and experienced App developers. Thanks for meeting my requirements. Now we are suggesting others as well.