1. Interpretation and Definitions
Interpretation
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Use
ITC (also referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers collectively to Ingenius Technologies & Consulting Pte. Ltd., Singapore; Ingenius Technologies & Consulting Pvt. Ltd., UK; Ingenius Technologies & Consulting GmbH, Germany; Ingenius Technologies & Consulting GmbH., Switzerland; IME Technologies & Consulting Pvt. Ltd., India.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application, Products or the Website or all.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Website or Site refers to ITC websites, accessible from https://ingenius.global or https://in-genius.ai or https://imetnc.in
You/Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Application means the software programs provided by ITC downloaded by You on any electronic device
Products refers to all Physical products of ITC
Acknowledgment and Acceptance of Terms
The following Terms of Use agreement outlines your obligations when using ITC website. The Site is owned and operated by ITC and is accessed by you under the terms of use as described below. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services. By accessing the site or any content on the site, you agree to become bound by these terms of usage and if you do not agree to all the below terms and conditions, then you may not access the site or use the content or any services in the site. ITC acceptance is expressly conditioned upon your Acknowledgment and Acceptance to all of these terms and conditions.
You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use our Services.
Modifications of Terms of Use
ITC reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, ITC will notify you by mentioning last revision date on this page. What constitutes a “material change” will be determined at ITC’s sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the modified Terms of Use.
Content Ownership and Usage Rights
ITC shall retain all worldwide rights in the intellectual property of the Site and any content on the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by ITC, or a third party who licensed the right to use such content to ITC.
In case the translated version of website is a cause of concern, you can notify us. In the case of a dispute, You agree that the original English text shall prevail
All ITC sites, their content, their source code or HTML code may not be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without our prior written consent.
Use of Services
To the extent that ITC provides for the download/buying of ITC Services from the Site or via Partners and any information or documentation related thereto such Services are protected by the applicable copyright, patent or other intellectual property rights of either ITC or the third-party licensor. Any use of the Services is subject to the terms of the applicable end-user or other license terms contained in the files and documentation of such Servics. As between the parties, ITC solely shall own and hereby retains all rights, title and interest in and to the Services (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual or industrial property rights embodied in the Services). You shall not reverse engineer or attempt to discover any source code or underlying ideas or algorithms or hardware of any Services.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Free Trial
The Company may, at its sole discretion may offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
When You enter Your billing information during signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Promotions
Any Promotions made available through the website or social media pages of ITC may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
In case of a dispute arising due to translated version of website, you agree that the original English text shall prevail.
Indemnity
You will indemnify and hold ITC and its stakeholders harmless from any liability, damage or cost (including legal costs) from any claim or demand made by any third party due to or arising out of your access to or use of the Site or any content on the Site, violation of the Terms of Use by you, or by the infringement of any intellectual property or other rights of any person or entity.
Linking and Framing
ITC does not object to links on third-party sites to the homepage of the Site in an appropriate context. However, “framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of ITC. The Site may provide links to other sites or resources available on the Internet. Links or other resources that may be accessed via this Site and any other third-party content are being provided as a convenience and for informational purposes only unless otherwise expressly noted. Because ITC has no control over such sites and resources, you acknowledge and agree that ITC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources, or of the organizations publishing such websites. You also acknowledge and agree that ITC is not responsible for the accuracy or legality of any such third-party sites or resources or the content that may be accessed via this website. You further acknowledge and agree that ITC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Contact the external third-party website for answers to questions regarding its content.
Trademarks and Trade Names
The company name, graphics, logos, designs, page headers, button icons, scripts, and other product and service names are the trademarks and trade names of ITC. ITC’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Electronic Communications
We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.
Security
Users are prohibited from violating or attempting to violate the security of the site. ITC will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
Miscellaneous
The Terms of Use constitutes the entire agreement between users of the Site and ITC, and regarding the subject matter hereof. If you breach any term of the Terms of Use, ITC may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. ITC’s remedies are cumulative and not exclusive. Failure of ITC to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users of this Site are responsible for compliance with all applicable regulations and laws. Any dispute arising out of the Terms of Use shall be governed by the laws of Singapore, notwithstanding any conflicts of law principles. Any action relating to the Terms of Use must be filed and maintained in courts of Singapore, and users consent to exclusive jurisdiction and venue in such courts for such purpose.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.