- Acceptance of this Agreement
By clicking on the ‘Accept Terms and Condition’ option, the participant (“You” or “Your”) agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the “Agreement”). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services (“Services”) published, available or provided on www.qmssystems.com (the “Website”), which is owned, maintained and monitored by Sai Venkata Kayan Softech Pvt Ltd (“Us”, “We” or “Our”).
- Content & Product
As a part of our Software Services offered through our Website, We shall grant you access to our content and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific product You have registered for (“Content & Product”).
We reserve the right to amend, revise or update the Content and Product offered to You.
- Usage of the Website and Product Services
You are permitted online access to the Website, Software Product and the Content may download, save, or print the Content solely for the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content and Software Product or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
- Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Sai Venkata Kayan Softech Pvt Ltd software product, the Services, and the Content for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Sai Venkata Kayan Softech Pvt Ltd Software, the Services and the Content and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, Product, and the Content.
You acknowledge and agree that this Agreement other than permitting You to use the Sai Venkata Kayan Softech Pvt Ltd software, the Services, and the Content for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Software, the Services, and the Content.
- Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other training courses offered by Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
- Limitation of Liability
Provided that User/Customer has purchased Starter/Professional Services and is current in its payment for Starter/Professional Services, the following limited warranty and limitation of liability shall apply solely with respect to Starter/Professional Services:
Sai Venkata Kayan Softech Pvt Ltd warrants that the Work Product will substantially conform to the specifications set forth in the SOW (the “Specifications”). The sole responsibility of Sai Venkata Kayan Softech Pvt Ltd shall be to correct or replace that portion of the Work Product which fails to conform to the Specifications; provided, however, that User/Customer has reported in writing to Sai Venkata Kayan Softech Pvt Ltd any defect or error within sixty (60) days of delivery (the “Review Period”) of the Work Product. Sai Venkata Kayan Softech Pvt Ltd shall have no liability if (i) User/Customer modifies the Work Product without Sai Venkata Kayan Softech Pvt Ltd’ prior written consent; (ii) User/Customer fails to give Sai Venkata Kayan Softech Pvt Ltd written notice of the non-conformance of the Work Product to the Specifications within the Review Period; or (iii) the failure of the Work Product to conform to the Specifications is caused in whole or part by persons other than Sai Venkata Kayan Softech Pvt Ltd, or by products, equipment or computer programs not licensed by Sai Venkata Kayan Softech Pvt Ltd. THE EXPRESS WARRANTY SET FORTH IN THIS SUBSECTION “Limitation of Liability” IS THE ONLY WARRANTY GIVEN BY SAI VENKATA KAYAN SOFTECH PVT LTD WITH RESPECT TO PROFESSIONAL SERVICES OR THE WORK PRODUCT; SAI VENKATA KAYAN SOFTECH PVT LTD MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SAI VENKATA KAYAN SOFTECH PVT LTD’ EXPRESS WARRANTY SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, SAI VENKATA KAYAN SOFTECH PVT LTD’ RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH ITS PERFORMANCE OF PROFESSIONAL SERVICES.
- Third party Software
Occasionally, at our discretion, we may include links to third party websites and use third Party software. Currently our product is built on top of ARAS innovator provided by Aras Corp.These third party sites have separate and independent privacy policies and usage policies. We therefore have no responsibility or liability for the content and activities of these linked sites.
- Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the “I ACCEPT” button and, subject to the terms and conditions of this Agreement, will remain in effect till You maintain a current, fully paid up Software Product, or until terminated by Us, whichever is earlier.
Obligations of the parties with respect to Professional Services shall commence on the date indicated on a signed SOW and shall continue until terminated as provided in this subsection “Terms and Termination”. Professional Services may be terminated as follows:
(a) If User/Customer fails to make any payment due for Starter/Professional Services, and fails to cure such breach within ten (10) days after receiving written notice from Sai Venkata Kayan Softech Pvt Ltd, then Sai Venkata Kayan Softech Pvt Ltd may immediately and without further notice cease providing Starter/Professional Services and declare all sums for Starter/Professional Services due, and to become due for Starter/Professional Services, immediately payable;
(b) Except as set forth in subsection Terms and Termination(a) above, either party may terminate the Starter/Professional Services (i) in the event that the other party breaches any material obligations under this Agreement and SOW and such breach is not cured within thirty (30) days after the receipt of written notice of the alleged breach.
You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys’ fees, arising out of Your unauthorized use of the Software Product, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
- Governing Law and Jurisdiction
For Participants who are a resident of the India., this Agreement shall be governed by and construed in accordance with the Laws of India and the courts in Pune, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
For Participants who are a not resident of the India., this Agreement shall be governed by and construed in accordance with the Laws of India and the courts in Pune shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
- Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. Your continued use of or access to the Software Product, the Services, and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.
You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
- Entire Agreement