WEBSITE TERMS AND CONDITIONS
This website https://www.pericius.com/ is owned and operated by Pericius Technologies Private Limited (“PERICIUS”). Please read the below Terms and Conditions carefully as they are the terms of use for Pericius’s website:
Clause 1. User Obligation
1.1. By using and/or visiting this website ("the site"), you have indicated your acknowledgement and assent to these Terms and Conditions and any other terms and conditions which may be introduced by PERICIUS on this site from time to time. Your access, use, participation and/or downloading materials from the site, indicates your agreement to abide by these Terms and Conditions. PERICIUS reserves the right to change these Terms and Conditions at any time by posting changes online and it is your responsibility to refer to and comply with these Terms upon accessing the site. If you do not agree to any of these Terms and Conditions, please cease from the use of this site immediately.
1.2. If any conflict exists between these Terms and Conditions and rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.
Clause 2. Terms of Use
2.1. Use of this site is only permitted for lawful purposes and in a manner which is not in breach of the laws of the Republic of India and which does not infringe any rights of, or restricts the use and enjoyment of this site by any third party. Such restriction shall include, but is not limited to, harassment, defamatory conduct, obscene or abusive content, offensive language, distress to third parties and any other conduct which may be deemed inappropriate.
2.2. You hereby warrant that you are more than 18 years of age, and/or possess all required approvals and consents including legal guardian or parental consent for use of this site. You further warrant that you are fully able and competent to enter into these Terms and Conditions and abide by them.
Clause 3. Data Submissions
3.1. Various parts of this site allow for user information or any other data to be transmitted or posted on the site (hereinafter referred to as "User Submissions"). These include personal information, photographs, videos, audio materials, written scripts, articles, opinions or any other form of material. Such User Submissions shall be subject to the following conditions:
3.1.1. By submitting any material to this Site, you accept to provide a non-revocable, unlimited global licence to the User Submissions to PERICIUS who in turn shall have the right to use, distribute, modify, alter or delete parts of the User Submission as per its own discretion and on any platform or media whatsoever.
3.1.2. User Submissions may be used by PERICIUS for any purpose including, but not limited to reproduction, broadcasting, transmission, editing, cutting, reformation, adapting, posting, or any other use as per the sole discretion of PERICIUS.
3.1.3. You shall be solely responsible for your own submissions and any claims, damages, third party rights, as well as any legal action or proceeding arising out of the use and submission of this material.
3.1.4. By submitting any User Submission, you hereby affirm, represent and warrant that you have the right to submit such material, and that you have obtained all necessary clearances, licences, consents, rights and permissions to use and authorise PERICIUS to use any material submitted, including the rights to all patents, trademarks, trade secrets, copyright or other proprietary rights in any and all User Submissions.
3.1.5. You undertake that you will not submit or disclose on this site any material or information that is protected by or subject to any copyright, trade secret or any third party proprietary rights, including Privacy and publicity rights, unless all rights have been obtained from the rights owners to submit the material and/or information and grant the licence indicated herein to PERICIUS.
3.1.6. You further undertake not to submit any material or information that is deemed unlawful, obscene, defamatory, libelous, political, threatening, pornographic, harassing, hateful, racially offensive, considered as a criminal offence, gives rise to a civil liability, encourages criminal action or violates the law, culture or internationally acceptable norms and codes of ethics.
3.1.7. You hereby grant PERICIUS a global, non-revocable, exclusive, royalty-free, transferrable licence to broadcast, distribute, display, reproduce, cut, edit, re-edit, delete, sell or modify the material or information submitted by you without any limitation whatsoever, in any media format and on any platform at the sole discretion of PERICIUS. This Licence shall not be limited by period or territory.
3.1.8. You hereby further assign to PERICIUS (by way of permanent assignment of present and future copyright) all rights of any nature in and to such material throughout the world including all renewals and reversions thereof.
3.1.9. PERICIUS shall have the right and final say on display of User Submissions, and under no circumstances is PERICIUS obliged to display or include on this site all or part of any User Submission.
3.1.10. You will be bound by the PERICIUS’ Privacy Policy available at https://www.pericius.com/.
Clause 4. Data collection and use
4.1. PERICIUS may collect non-personal information about the computer, mobile device or other device you use to access PERICIUS site, such as Internet Protocol (IP) address, geo-location information, unique device identifiers, browser type, browser language and other transactional information. This information assists in understanding which pages PERICIUS’s visitors are visiting and how much time they spend there. PERICIUS uses the information gathered to enable your use of PERICIUS site, fulfil your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in our services such as polls, and message boards. Further, PERICIUS uses the non-personally identifiable information collected to improve the design and content of PERICIUS’s site, to deliver more relevant marketing messages and advertisements and to enable us to personalise your internet experience. PERICIUS may transmit such non-personally identifiable website usage information about visitors to the servers of a reputable third-party for the purpose of service performance analytics and targeting our internet banner advertisements on other sites.
4.2. PERICIUS automatically logs certain usage information about your use of PERICIUS site. This information includes a reading history of the pages you view, type of content you are browsing, and engagement with our online tools. This information is used in order to provide you with customised recommendations of PERICIUS’s site based on your reading history. Log files are also used in the aggregate to analyse usage of PERICIUS’s site.
4.3. PERICIUS may hire third-parties to provide information, reports and analysis about the usage, browsing patterns of users of PERICIUS site. Third parties such as Google Analytics and Chartbeat tracks and analyses non-personally identifiable usage and volume statistical information from our visitors and customers on PERICIUS site. These third party services may place or recognise cookies, web beacons or other technology to track certain non-personal information about users. PERICIUS does not have access to, nor control over, third party service providers’ use of cookies or other tracking technologies or how they may be used.
Clause 5. Copyright and Other Intellectual Property
5.1. The names, images and logos identifying PERICIUS, or any of its associated companies or third parties and their products and services are proprietary marks of PERICIUS, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by any means, licence or right under any trade mark or patent of PERICIUS, its associated companies or any other third party to You.
5.2. All copyright, trademarks and other intellectual property rights in this site (including the design, arrangement and look and feel) and all material or content supplied as part of the site shall remain at all times the property of PERICIUS or PERICIUS's licensors. In accessing the site, or any other sites of PERICIUS, you agree that you do so only for your own personal, non-commercial use. You may not agree to, permit or assist in any way any third party to copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without the prior written permission of an authorised officer the PERICIUS.
Clause 6. Third Party Sites / Links
6.1. PERICIUS is not responsible for the availability or content of any third party websites or material you access through this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. PERICIUS does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). PERICIUS is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service.
6.2. Links to this site must be direct to any complete content page (and not any part of a page) within this site and all other PERICIUS sites, and must not be viewed within the pages of any other site. PERICIUS disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this site.
6.3. Links do not imply that PERICIUS endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of PERICIUS or any of its affiliates, entities or subsidiaries.
Clause 7. Disclaimer / Limitation of Liability
7.1. You agree that your use of this site shall be at your sole risk and responsibility. To the fullest extent permitted by law, PERICIUS, its officers, directors, and agents disclaim all warranties, express or implied, in connection with the site. PERICIUS does not warrant, endorse or guarantee that the content posted on this site is of social, cultural and moral acceptable standards. PERICIUS does not warrant that User Submissions posted on this site do not infringe any third party rights and will not take any liability in this regard,
7.2. Although PERICIUS does monitor the User Submissions provided on the site, it is your sole responsibility to clear all rights of third parties and to obtain all necessary licences and approvals to post any material and you hereby assume all responsibility for all damages, costs and liabilities that may arise as a result from the user submission.
7.3. This site and the information, names, images, pictures, logos and icons relating to this site or any other sites owned or operated by PERICIUS, and/or any of its associated companies, products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.4. The information and other materials included on this site may contain inaccuracies and typographical errors. PERICIUS does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software). You acknowledge that any reliance on any such statement or information shall be at your sole risk. PERICIUS reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programmes, services or prices described in the site at any time without notice.
7.5. In no event will PERICIUS and/or third parties be liable for any damages to you including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the site.
7.6. PERICIUS does not warrant that the functions contained in this site will be uninterrupted or error-free or that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. PERICIUS does not represent the full functionality, accuracy or reliability of any material. PERICIUS may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.
Clause 8. Indemnity
8.1. You agree to indemnify and keep indemnified PERICIUS, and all of its employees, affiliates, subsidiaries and associates from any and all claims, damages, expenses, costs and liabilities arising in any manner from your access to and use of this site and/or the submission of any User Submissions to this site which causes harm, losses and/or damage to PERICIUS.
8.2. You understand that when using this site, you will be exposed to User Submissions from a variety of sources, and acknowledge that you may be exposed to User Submissions that may be inaccurate, offensive, indecent, or objectionable. To that regard, you hereby waive any legal or equitable rights or remedies you have or may have against PERICIUS, and agree to indemnify and hold harmless PERICIUS, and its shareholders, subsidiaries, officers affiliates, and licensees to the fullest extent permitted by the law..
Clause 9. Governing Law and Jurisdiction
9.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Bengaluru, India.
9.2. The Parties will settle any and all disputes in accordance with the rules of The Arbitration & Conciliation Act, 1996. The language of the arbitration shall be English, and the venue for the arbitration will be Bengaluru, India. The arbitration shall be conducted by an arbitral tribunal consisting of 1 (one) arbitrator appointed by PERICIUS. The award of the arbitrator will be final and binding on the Parties.
9.3. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.
9.4. PERICIUS makes no representation that materials on this site are appropriate or available for use at other locations outside of the Republic of India and access to them from territories where their contents are illegal is prohibited. If you access this site from a location outside of the Republic of India, you are responsible for compliance with all local laws.
Clause 10. Governing Law and Jurisdiction
10.1. These Terms and Conditions in conjunction with any other policies issued by PERICIUS contains the entire understanding between the Parties, superseding all prior communications, agreements, and understandings between the Parties with respect to the purpose of these Terms and Conditions.