TERMS AND CONDITIONS

The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of VakilDiary websites, software and products powered by KnoXsys Solutions (hereinafter referred to as "Software"), which promotes business between suppliers and buyers globally. It is an agreement between you as the user(s) and VakilDiary.

Before you subscribe to and/or begin participating in or using web site and our software , KnoXsys Solutions believes that user(s) have fully read, understood and accept the agreement.

If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.

1.DEFINITIONS."Software" means the computer program identified above, and in which this Agreement is embedded, and any updates or error corrections thereto provided by VakilDiary powered by KnoXsys Solutions. "User Documentation" means any user manuals and other documentation provided to you by VakilDiary under this Agreement. "Computer" means computers, including desktop or laptop computers, or file servers, used for general computing functions (such as, but not limited to, word processing, e-mail, general purpose Internet browsing and office suite productivity tools). A "Run" occurs each time that the Software is launched. "User" means an individual user of the Software. "You" mean you personally if you license the Software for yourself, or the company or other legal entity for which you license the Software (but not the affiliates, subsidiaries or other related legal entities of such company or legal entity). "Term" means the period of time commencing upon the installation of the Software and ending on the later to occur of (a) seven (7) calendar days, or (b) the conclusion of the fifth time the Software is Run.

2.TERMS AND CONDITIONS. Subject to the terms and conditions of this Agreement, VakilDiary grants to you a nonexclusive, nontransferable, nonsublicensable, limited license to install and use the Software and use the User Documentation. The license lasts for the Term. The license may be earlier terminated by VakilDiary if you violate the terms of this Agreement. You acknowledge that (i) your right to install and use the Software is limited to the Term, and (ii) the Software is designed to cease to function upon expiration of the Term. Any attempt to defeat the time and use-control disabling function in the Software is a material breach of this Agreement and a violation of intellectual property law.

3.INSTALLATION AND USAGE.You may install and use the Software on one (1) individual Computer. The Software may be used only for the purposes of evaluation and demonstration. Without limiting the foregoing, the Software may not be used for educational or commercial, professional or other for-profit purposes.

4.SMARTDRAW ACCOUNT SERVICE. Your Software includes the right to use certain functions of VakilDiary 's Account service ("Service"), you agree that your use of the Service is subject to all terms, conditions and limitations set forth in this Agreement. Additionally, you agree that by your use of the Service, you will be bound by the Terms and Conditions of the Service. You acknowledge that upon the expiration or termination of this Agreement and your license to use VakilDiary, your rights to use the Service shall immediately terminate. After termination VakilDiary may, at its discretion, continue to provide You access to files and other information stored in the Service.

5.AUDITS.To ensure compliance with this Agreement, you agree that upon reasonable notice, VakilDiary or VakilDiary's authorized representative shall have the right to inspect and audit your use of the Software. Any such inspection or audit shall be conducted during regular business hours at your facilities or electronically, either by VakilDiary or by representatives authorized by VakilDiary.com for this purpose. If such inspections or audits disclose that you have installed or permitted access to the Software in a manner that is not permitted under this Agreement, then (i) you are liable to pay for any unpaid license fees as well as the reasonable costs of the audit; and (ii) the license grant with respect to the Software will terminate immediately. Any information obtained by VakilDiary or VakilDiary's authorized representative during the course of such inspection and audit will be used and disclosed by VakilDiary solely for purposes of such inspection and audit and for enforcement of VakilDiary's rights under this Agreement and applicable law, unless other uses or disclosures are required under applicable law. Nothing in this Section shall be deemed to limit any legal or equitable remedies available to VakilDiary for violation of this Agreement or applicable law.

6.GENERAL RESTRICTIONS.You agree and acknowledge that, unless enforcement is prohibited by applicable law (and then only to the extent prohibited by applicable law), the following actions are expressly prohibited:

  1. You may not (and may not permit any third party to) decompile, disassemble or reverse engineer the Software.
  2. You may not modify, translate, adapt, arrange or create derivative works of the Software or the User Documentation.
  3. You may not sell, transfer, rent, lease, loan, or otherwise distribute all or any portion of the Software, the User Documentation or any other rights granted to you in this Agreement.
  4. Except as otherwise expressly provided in this Agreement, you may not allow access to the Software or the User Documentation over the Internet, including, without limitation, in connection with a web hosting, commercial time sharing, service bureau, or similar service.
  5. You may not remove, alter or obscure any copyright or other proprietary notices, labels or marks from the Software or the User Documentation.
  6. You may not otherwise install, access or otherwise use or copy the Software or the User Documentation other than in strict compliance with the terms of this Agreement.

7.FURTHER RESTRICTIONS ON USE OF CLIPART, SYMBOLS, TEMPLATES AND PHOTOGRAPHIC IMAGES.The Software contains clipart, templates and photographic images (collectively, "Images") which are owned by VakilDiary or KnoXsys Solutions.

  1. You may incorporate any Images into your own original work and publish, display and distribute your work in any media.
  2. You may not resell, sublicense or otherwise make available the Images for use or distribution separate from your own work.
  3. You may not create scandalous, obscene, defamatory or immoral works for any purpose prohibited by law.
  4. You may not use any Images in a manner that suggests an association with, or endorsement of, any product or service provided by any identifiable individuals, products or entities.

8.ALL RIGHTS RESERVED.Title to and ownership of the Software, the User Documentation and all related intellectual property are retained by KnoXsys Solutions. The Software is confidential and the Software and the User Documentation are copyrighted. The Software and the User Documentation are licensed to you, not sold. All rights of every kind that are not expressly granted to you in this Agreement are entirely and exclusively reserved to KnoXsys Solutions.

9.LIMITED WARRANTY.The Software and the User Documentation are provided "AS IS." VakilDiary's entire liability and your exclusive remedy will be, at VakilDiary's option, to attempt to correct or work around errors, to replace the defective media on which the Software is furnished.

10.VALIDATION.The Software will, from time to time, execute the validation feature of the Software. Validation verifies that the Software has been activated and is properly licensed. During a validation check, the Software will send information regarding the Software to www.vakildiary.com. This information includes the version of the Software.BY INSTALLING AND USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION TO VAKILDIARY.

11.GOVERNING LAW. By accessing this website & software, you agree that the foregoing as well as any dispute raised regarding this Website or VakilDiary (in relation to this Website) is subject to the laws of the Republic of India and the High Court of India shall have the exclusive jurisdiction on any dispute that may arise out of the use of this Website.

12.ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of you and VakilDiary relating the subject matter hereof and supersedes any and all other previous or contemporaneous communications, agreements, representations, warranties or advertising with respect to the Software and User Documentation.

13.SEVERABILITY.The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. If any provision of this Agreement shall be held invalid or unenforceable in part, the remaining portion of such provision, together with all other provisions of this Agreement, shall remain valid and enforceable and continue in full force and effect to the fullest extent consistent with law.

14.NO WAIVER.No term or provision hereof will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.

15.LANGUAGE.The English language version of this Agreement is legally binding in case of any inconsistencies between the English version and any translations.

Exclusive Validity of these Terms and Conditions; Individual Agreements

  1. Any distribution of software and all services or goods in connection therewith are being rendered exclusively on the basis of these Terms and Conditions.
  2. Deviating terms of the customer shall only become binding on the parties when confirmed in writing by KnoXsys Solutions and the customer. Even if those terms are not expressly objected, KnoXsys Solutions does not tacitly consent to such terms. These Terms and Conditions are applicable for current and future services and goods rendered by KnoXsys Solutions to customer, even if KnoXsys Solutions does not expressly refer to them. By conclusion of this contract, the customer accepts these terms.
  3. Any terms agreed by the customer and KnoXsys Solutions in writing (including additional agreements, amendments and modifications) take priority over these Terms and Conditions.

Disclaimer Policy

Legal Disclaimer

"VakilDiary makes available information and materials (the "Information") on http://www.vakildiary.com, subject to the Terms of Use and this Disclaimer. This Disclaimer governs the use of our Website; by accessing this Website, you agree to the terms and conditions as outlined in the Terms of Use and this Disclaimer. If you disagree, please do not access this Website. We reserve the right to modify the Terms of Use and/or Disclaimer from time to time without any notice and at our sole discretion by posting amended Terms of Use and Disclaimer on this Website. By using this Website after the changes / modifications have been posted you agree to accept those changes / modifications, whether or not you have reviewed the changes / modifications.

Copyright

© 2015 vakildiary.com. All rights reserved. Except as specifically permitted herein, no portion of the Information on this Website may be reproduced in any form or by any means without the prior written permission from VakilDiary.

Links to third party Websites

This Website may contain links to third party websites, which are not under the control of Vakil Diary. VakilDiary has no responsibility or liability for and makes no representations whatsoever about any other website that you may have access to through this Website. These linked sites are only for your convenience, and therefore, you access them at your own risk. The inclusion of such links does not imply that VakilDiary endorses or accepts any responsibility for the content or uses of such websites. Nonetheless, VakilDiary seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feedback on not only its own site, but also third party links as well.

Indemnification

By accepting this Disclaimer, you agree to indemnify, defend and otherwise hold harmless Vakil Diary, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

  1. Your use of this Website
  2. Your breach of the Terms of Use, Disclaimer and policies or documents they incorporates by reference, or Your violation of any law, rules or regulation.
  3. Any other matter relating to this Website. Any business transactions which may arise between the Users/Members from their use of this Website are the sole responsibility of the Users/Members involved.

By using the services VakilDiary, you expressly understand and agree that:

VAKIL DIARY DOES NOT WARRANT THE INFORMATION ON THIS WEBSITE, WHICH IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WITHOUT WARRANTY AS TO NON-INFRINGEMENT OR THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE INFORMATION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OBTAINED FROM USING THE INFORMATION ON THIS WEBSITE IS ASSUMED BY YOU. VAKIL DIARY DOES NOT ASSUME RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION OR DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED AS AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. VAKIL DIARY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VAKIL DIARY makes no warranty that

  1. THIS WEBSITE WILL MEET YOUR REQUIREMENTS,
  2. THE CONTENT/MATERIAL ON THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,
  3. THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE,
  4. THE QUALITY OF ANY CONTENT/MATERIAL OR OTHER INFORMATION OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, AND
  5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVOCATE-DIARY OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS DISCLAIMER.

THE MATERIAL CONTAINED ON THIS SITE AND ON THE ASSOCIATED WEB PAGES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL Advocate-Diary BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY PECUNIARY LOSS, ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION REFERENCED BY OR LINKED TO THIS WEBSITE, EVEN IF Advocate-Diary HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Governing Law/ Choice of Law and Jurisdiction

By accessing this Website, you agree that the foregoing as well as any dispute raised regarding this Website or VakilDiary (in relation to this Website) is subject to the laws of the Republic of India and the High Court of India shall have the exclusive jurisdiction on any dispute that may arise out of the use of this Website.

Cancellation & Refund Policy

In case of any complain, we take customer feedback very seriously and use it to constantly improve our products and quality of service. Refunds are not being provided for services delivered in full such as installation service, set up software, Downloadable Software etc.

If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of Payment Gateway Name payments refund will be made to the same account.

Privacy Policy

Personal Data

Through our Web sites, we will not collect any personal data about you (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with it (e.g. by registration, survey), respectively, provide your consent, or unless otherwise permitted by applicable laws and regulations for the protection of your personal data.

Purpose of Use

When you do provide us with personal data, we usually use it to respond to your inquiry, process your order or provide you access to specific information or offers. Also, to support our customer relationship with you:

If you choose not to have your personal data used to support our customer relationship (especially direct marketing or market research), we will respect your choice.

Payment Data

Payment Data is the information that you provide when you make online purchases. This may include your payment instrument number (e.g., credit card, PayPal), your name and billing address, and the security code associated with your payment instrument (e.g., the CSV or CVV). This section provides additional information regarding the collection and use of your payment information.

Payment Data is used to complete your transaction, as well as for the detection and prevention of fraud. In support of these uses, KnoXsys or VakilDiary may share your Payment Data with banks and other entities that process payment transactions or other financial services, and for fraud prevention and credit risk reduction.

When you provide Payment Data while logged in with your VakilDiary account we won't store that data.

Change to privacy policy

  1. The Users acknowledge that this privacy policy is part of the terms of use and unconditionally agree that becoming a User of the Website and its Services signifies their assent to this privacy policy. User's visit and any dispute over privacy is subject to this policy and terms of use. VakilDiary may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way VakilDiary treats User's personally identifiable information, VakilDiary will display a notice on the Website or send Users an email, as provided for above. Unless stated otherwise, Vakil Diary current privacy policy applies to all information that VakilDiary has about Users and their account. Notwithstanding the above, VakilDiary shall not be required to notify the Users of any changes made to the privacy policy.
  2. If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed practices.