Terms And Conditions

Terms of Use for www.Sysbrains.com and SYSBRAINS Products & Services.

The use of any product, service, email, message or feature (the “Materials”) available through the internet web sites accessible at sysbrains.com, Sysbrains email, messages, On-Site visit & discussions and other SYSBRAINS services, by any user (“You” or “Your” hereafter) shall be governed by the following terms of use:

This Web Site is provided by Sysbrains IT Services (P) Limited, a company incorporated under the Companies Act of India, having its registered office at A/M-49, Sukhliya, DDU Nagar, 452010, Indore, M.P. India and shall be used for informational purposes only. By using the Web Site or downloading Materials from the Web Site or using Sysbrains Products & Services, you hereby agree to abide by the terms and conditions set forth in this Terms of Use. In the event of you not agreeing to these terms and conditions, you are requested by Sysbrains:

Not to use the Web Site or download Materials from the Web Site or Use Sysbrains Products & Services.

This Web Site, including all Materials present (excluding any applicable third party materials), is the property of SYSBRAINS and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in your use of this Web Site and to prevent any unauthorized copying of the Materials. Sysbrains does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

Sysbrains has business relationships with many of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate pre-Sysbrains legal relationships.

Limited License

Subject to the terms and conditions set forth in these Terms of Use, Sysbrains grants you a non-exclusive, non-transferable, limited right to access, use and display this Web Site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Web Site in any manner. Unless otherwise specified, the Web Site & other materials are for your personal and non-commercial use. You shall 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 Sysbrains IT Services.

Blogs

This is to inform and clarify that individuals (including but not limited to employees of Sysbrains and referred to as “Individuals” hereafter) may contribute articles and opinions on this Web Site entirely at the sole discretion of Sysbrains, in the form of “blogs”, as such term is generally understood. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity, and may not represent official positions of Sysbrains in any manner. Sysbrains IT Services retains all copyright to these blogs.

You may be permitted to post comments and feedback to these blogs. By doing so, You expressly agree and acknowledge to abide by the following:

You shall not defame, abuse, harass or threaten Sysbrains or any third party, or otherwise violate the legal rights of Sysbrains or any third party.

You shall not contribute any content or take any action that may in any manner adversely affect the reputation of SYSBRAINS, or that is otherwise detrimental to SYSBRAINS.

You shall not in any manner publish or post any inappropriate, defamatory, infringing, obscene, terrorist, politically slanted, indecent or unlawful topic, name, material or information.

You shall not use profane and objectionable language or abbreviations. You shall not use any character(s) as a substitute for objectionable language.

You shall not in any manner reveal confidential or proprietary information of any third party. Specifically, you shall not post any material for which You do not have requisite and applicable right(s) under law.

You shall not conduct any contests or publish or propagate any forwards.

You shall not defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity but not limited to the foregoing) of any other party including SYSBRAINS.

You shall not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

You shall not upload or otherwise make available, files that contain images, photographs, software 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.

You shall not upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

You shall not advertise or offer to sell or buy any goods or services for any business purpose You shall not download any file posted that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

You shall not falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

You shall not create a false identity for the purpose of misleading others.

You shall not in any way deface or vandalize this Web Site, or prevent or restrict others from using this Web Site.

You shall indemnify and hold harmless SYSBRAINS from any claims and loss incurred by SYSBRAINS as a result of Your violation of these Terms of Use.

You acknowledge that SYSBRAINS may, at its sole discretion, monitor, remove or edit any content that You contribute. SYSBRAINS may also pursue remedies available to it under law for any violation of these terms and conditions.

Third Party Content

The Web Site makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by SYSBRAINS. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by SYSBRAINS or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold SYSBRAINS, any business offering products or services through the Web Site or any provider of Third Party Content liable for any investment or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason

By using any Third Party Content, You may leave this Web Site and be directed to an external website, or to a website maintained by an entity other than SYSBRAINS. If you decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. SYSBRAINS makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SYSBRAINS or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SYSBRAINS or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of SYSBRAINS and SYSBRAINS is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SYSBRAINS is not responsible for webcasting or any other form of transmission received from any linked site. SYSBRAINS is providing these links to you only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by SYSBRAINS in any manner of the website.

No Warranties

THIS WEB SITE, THE INFORMATION AND MATERIALS PROVIDED BY SYSBRAINS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY*, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT. INSPITE OF SYSBRAINS’ BEST ENDEAVOURS, THERE IS NO WARRANTY ON BEHALF OF SYSBRAINS THAT THIS WEB SITE WILL BE FREE OF ANY COMPUTER VIRUSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation Of Damages

IN NO EVENT SHALL SYSBRAINS OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEB SITE OR ANY LINKED WEB SITE, EVEN IF SYSBRAINS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

THE WEB SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND CLERICAL ERRORS. SYSBRAINS EXPRESSLY DISCLAIMS ANY OBLIGATION(S) TO UPDATE THIS WEBSITE OR ANY OF THE MATERIALS ON THIS WEBSITE. SYSBRAINS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SYSBRAINS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE. SYSBRAINS MAY MAKE ANY OTHER CHANGES TO THE WEB SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEB SITE AT ANY TIME WITHOUT NOTICE. THIS WEB SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS TECHNICAL ADVICE OF ANY MANNER.

Posting At An SYSBRAINS Web Sites

SYSBRAINS does not claim ownership of the materials You provide to SYSBRAINS (including feedback and suggestions) or post, upload, input or submit to any section of the Web Site, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) Your Submission You are granting SYSBRAINS, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their Internet businesses (including, without limitation, all services offered by SYSBRAINS), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.

You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your Submission by SYSBRAINS, as provided herein. SYSBRAINS shall be under no obligation to post or use any Submission You may provide and SYSBRAINS shall remove any Submission at any time at its own sole discretion.

By Posting a Submission You hereby warrant and represent that You own or otherwise control all of the rights required under worldwide law for Your Submission as described in these Terms of Use including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

Unlawful And/Or Prohibited User of the Web Site

As a condition of your use of the Web Site, You shall not use the Web Site for any purpose(s) that is unlawful or prohibited by the Terms of Use. You shall not use the Web Site in any manner that could damage, disable, overburden, or impair any SYSBRAINS server, or the network(s) connected to any SYSBRAINS server, or interfere with any other party’s use and enjoyment of any services associated with the Web Site. You shall not attempt to gain unauthorized access to any section of the Web Site, other accounts, computer systems or networks connected to any SYSBRAINS server or to any of the services associated with the Web Site, 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 Web Site.

Indemnity

You agree to indemnify and hold harmless SYSBRAINS, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to Your use of this Web Site in any manner, including without limitation of the foregoing, any action You take which is in violation of the terms and conditions of these Terms of Use and against any applicable law.

Changes

SYSBRAINS reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Web Site after any changes to these Terms of Use are posted will be considered acceptance of those changes. SYSBRAINS may terminate, change, suspend or discontinue any aspect of the Web Site, including the availability of any feature(s) of the Web Site, at any time. SYSBRAINS may also impose limits on certain features and services or restrict your access to certain sections or all of the Web Site without notice or liability. You hereby acknowledge and agree that SYSBRAINS may terminate the authorization, rights and license given above at any point of time at its own sole discretion and upon such termination; You shall immediately destroy all Materials.

International Users And Choice Of Law

Sysbrains Services & website are controlled, operated and administered by SYSBRAINS from its offices within India. SYSBRAINS makes no representation that Materials on this Web Site are appropriate or available for use at any other location(s) outside India. Any access to this Web Site from territories where their contents are illegal is prohibited. You may not use the Web Site or export the Materials in violation of any applicable export laws and regulations. If you access this Web Site from a location outside India, You are responsible for compliance with all local laws.

These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of law’s provisions. You agree that the appropriate court(s) in Indore, India, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use and You hereby consent to personal jurisdiction in such forum.

These Terms of Use constitutes the entire agreement between SYSBRAINS and You with respect to your use of the Web Site. Any claim you may have with respect to y our use of the Web Site must be commenced within one (1) year of the cause of action. If any provision(s) of this Terms of Use is held by a court of competent jurisdiction to be contrary to law then such provision(s) shall be severed from this Terms of Use and the other remaining provisions of this Terms of Use shall remain in full force and effect.

Support Services

  • Sysbrains Support timing for the provided services will be between 9AM-6PM every working days. You can feel free to consult via any mode (emails, phone, and message) during the working time. Every single support will be provided in regards to the services provided already.
  • Sysbrains always delighted to take queries and provide support over them. Thus we are now actively working on 2nd and 4th Saturdays of every month.
  • Team will assist you on the same day for all the support queries coming before 5PM. But for the queries or support assistance submitted after 5PM, we can assist you only by next working day.
  • For non-working days, Sysbrains team would like to request the respected party to drop the email for the issue or concern. Team will get back to you as early as they can, on coming working day.
  • Support and assistance will be only provided for the service installed or configured at your side by Sysbrains. Support period depends upon the package that the customer subscribed for. (1 Month , Quarterly, Half Yearly or Annual ).
Ownership Conditions

All services provided or discussed through the materials (emails, phone, messages) are property of Sysbrains.com.

You understand that Sysbrains.com is not responsible for the content, quality or state of any information, product or service offered in this website, emails, phone, and messages.

You may not claim either intellectual or undivided ownership to any of our products, changed or unadapted.

Sysbrains.com products or Services are provided on "as is" basis without warranty of any kind, either communicated or understood.

Sysbrains IT Services formally and explicitly denies any and all warranties, communicated and or understood, including (but not limited to) any warranties of accuracy, reliability, state or worthiness for a particular purpose by any vendor, customer, or associate offering information, products, any services linked to the Sysbrains.com website, emails, phone, messages.

Please accept full responsibility to assess independently the accuracy, completeness, quality and usefulness of any information or other content as displayed in this website. So, ensure that all your doubts are clarified before opting to purchase any product/services.

The user/customer should understand that sysbrains.com is not accountable, and does not have any liability to any such user, with respect to any information, product or service offered by others who are linked to the Sysbrains.com products & services. This essentially means that the Sysbrains should not be held responsible for any external links that originate in our products & services.

Sysbrains shall not be liable for any damages allegedly sustained arising from use of the information, products, and services. We are not responsible for any of them.

Member Access And Downloads

As a member your username and password is for your personal use only.

If we discover that you share or give out your username and password, Sysbrains will not be liable for any activities happening to your objects (server, hosting panels, websites, SSH or any other software Sysbrains working with).

CAUTION: In the event as stated above, we may ban your IP address, phone number and email address may be banned for a period of up to 5 years.

You are also not allowed to use a spider, web crawler, or other same automated tools to download the content from our website.

Please accept full responsibility to assess independently the accuracy, completeness, quality and usefulness of any information or other content as displayed in this website or products and services provided by Sysbrains. So, ensure that all your doubts are clarified before opting to purchase any product & services from Sysbrains.

Governing Authority

Please Note:

While dealing with disputes of every nature, with regard to any services offered by Sysbrains or any term listed in this policy, the only jurisdiction that shall be applied in ascertaining liability is the court situated in Indore (M.P.), India.

The plaintiff in this case a user/customer of Sysbrains must understand that he/she will have to agree to compensate Sysbrains for its legal fees, costs and disbursements in an event that it is obligated to go to court, rather than arbitration if Sysbrains is successful. This process might be taken by Sysbrains to enforce any of its rights, or to collect any fees.

You agree that the Courts of Indore (M.P.), India are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

Severability

This clause allows that any portion or term of this agreement if found to be unenforceable will not affect the validity of the rest. This means that the agreement will remain effective and enforceable on its remaining terms and conditions.

Buyer represents and warrants that it has complied and agrees that it will comply with all applicable laws and regulations pertaining to the products including, without limitation, laws and regulations pertaining to transportation, storage, use, installation, resale, export, and import of the products. Buyer shall have sole responsibility to obtain any transportation, storage, use, export, import or other licenses or permits required under applicable laws and regulations.

In no event whatsoever shall seller or any of its employees, agents or suppliers have any liability, whether based on breach of contract, warranty, breach of statutory duty, negligence, tort, strict liability or otherwise, in an amount in excess of the amount actually received by seller from buyer as purchase price for the products or services which are the subject of a claim. In no event whatsoever shall seller or any of its employees, agents or suppliers have any liability for any indirect, incidental, consequential, special, punitive or exemplary damages, even if seller has been advised of the possibility of such damages, including but not limited to any damages arising from or relating to any injury to persons; loss of value or use (including without limitation, diminution in value or stigma damages); loss of anticipated revenue or profit; cost of capital; damage to or loss of other property or equipment; claims made by end-users; or cost of substitute supplies, facilities or services.

Arbitration

Buyer will attempt to resolve any claim, dispute, or controversy (whether in contract, tort or otherwise) against Seller, arising out of or relating to this Agreement, or any Seller products or services (a “Dispute”) through negotiations with persons fully authorized to resolve the Dispute. If the parties are unable to resolve the Dispute through negotiation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current Centre for Public Resources Rules for Non-Administered Arbitration.

(a) Seller will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this and

(b) at the option of the Seller this paragraph shall not apply if Buyer has not paid in full for the products and services at issue or if a judicial action is commenced against Seller by a third party which arises from or relates to products or services provided by Seller to Buyer.

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