Terms And Conditions
Welcome to Matrix Infosystems!
- About Matrix Infosystems.
1.1“Matrix Infosystems”(M.I.) means: a proprietorship engaged in the business principally of web hosting,Web design(development),Domain name registration,ERP solutions,Payment gateway services, Secure Socket Layer Certificates Etc.
1.2 Official address:- H.No.-743 ,Sharda Nagar,Bordem Bicholim Goa Pin 403 504.
1.3 Products & Services:-
Matrix Infosystems’s provides products & services including: Web hosting, Web design(development),Domain name registration,ERP solutions,Payment gateway services ,Secure Socket Layer Certificates Etc.(referred to collectively as the “Services” in this document and excluding any services provided to customer/consumer by Matrix Infosystems under a separate written agreement)
For the purpose of interpretation of this agreement the word “you” means a customer in relation to a product sold by Matrix Infosystems to any person or a consumer when the person utilizes services of the Matrix Infosystems.
A product means a software, design,arithmethic arrangement assembled together in a logic,instrument to attain specific end result.
Web Hosting: Providing the storage, connectivity, and services necessary to serve files for a website.
Domain Name Registration -: Registering person’s or company’s unique name or identity in the public domain registry to show his/its presence on the Internet by following prescribed procedure before concern registrar .
Web Design(development):- The art and process of creating a single Web page or entire Web sites and may involve both the aesthetics and the mechanics of a Web site’s operation. Some of the aspects that may be included in Web design or Web production are graphics and animation creation, color selection, font selection, navigation design, content creation
Secure Socket Layer Certificates:-Service of making arrangement for issue of Certificate provided by certifying authority confirming authenticity of the website.
Payment Gateway Services-:Services as intermediate for collection of online payments from consumer and paying it to merchants.
Other Services provided by Matrix Infosystems includes those services that are not specifically mentioned in this agreement but available for the consumers.
Products
Matrix Infosystems sells a product designed and manufactured/produced by itself & also by other software vendors to which Matrix Infosystems has valid license to sell the terms and conditions ,rights & obligations between the Matrix Infosystems & you the customer shall be fixed as per separate agreement for the purpose depending on the product.The products available for purchase with Matrix Infosystems at present includes Inventory management software, Enterprise resource planning(ERP solutions) software,document management software,Website design may contact office for the purpose.Please visit http://www.matrixinfosystems.in for details.or contact on 8007769962.
2. Matrix Infosystems ; “Terms” of Service
2.1. Your relationship with Matrix Infosystems.
Your relationship with Matrix Infosystems is subject to the “Terms” of a legal agreement between consumer (you) and Matrix Infosystems.
2.2.”Terms”
This document explains how the agreement is made up, and sets out some of the “Terms” of the agreement.
2.1 Unless otherwise agreed in writing with Matrix Infosystems, your agreement with Matrix Infosystems will always include, at a minimum, the “Terms” and conditions set out in this document. These are referred to below as the “Universal Terms”.
2.2 Your agreement with Matrix Infosystems will also include all the “Terms” in addition to the “Universal Terms” referred to as the “Additional Terms” including “Terms” of any Legal Notices applicable to the Services. Where “Additional Terms” apply to a Service, these will be accessible from Matrix Infosystems to read either
within, or through your use of, that Service.
2.3 The “Universal Terms”, together with the “Additional Terms”, form a legally binding agreement between you as consumer and Matrix Infosystems in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms” .
2.4 If there is any contradiction between what the “Additional Terms” say
and what the “Universal Terms” say, then the “Additional Terms” shall take
precedence in relation to that Service.
2.5 Where Matrix Infosystems has provided you with a translation of the English
language version of the “Terms”, then you agree that the translation is
provided for your convenience only and that the English language versions of
the “Terms” will govern your relationship with Matrix Infosystems.
2.6 If there is any contradiction between what the English language
version of the “Terms” says and what a translation says, then the English
language version shall take precedence.
3. Accepting the “Terms”
3.1 In order to use the Services of Matrix Infosystems, you must first agree to the “Terms”. You may not use the Services of Matrix Infosystems if you do not accept the “Terms”. It is important that you take the time to read them carefully.
3.2 You can accept the “Terms” by:
(A) clicking to accept or agree to the “Terms”, where this option is made available to you by Matrix Infosystems in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Matrix Infosystems will treat your use of the Services as acceptance of the
“Terms” from that point onwards.
In both the cases (A) &(B) above you may be referred as “User/consumer” in this agreement.
3.3 you Shall not use the Services and shall not accept the “Terms” if (a) you
are not of legal age or not legally competent to form a binding contract with Matrix Infosystems, or (b) you are person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the Services.
3.4 Before you continue, you should print off or save a local copy of the “Terms” for your records.
5.Innovations
5.1 Matrix Infosystems is constantly innovating in order to provide the best
possible experience for its users. You acknowledge and agree that the form
and nature of the Services which Matrix Infosystems provides may change from time to time without prior notice to you.
5.2 As part of this continuing innovation, you acknowledge and agree
that Matrix Infosystems may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to (you)consumer generally at Matrix Infosystems’s sole discretion, without prior notice to you. Matrix Infosystems may stop providing the Services at any time.
6.Access to account.
6.1 In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact details) as
part of the registration process for the Service, or as part of your
continued use of the Services. You agree that any registration information
you give to Matrix Infosystems will always be accurate, correct and up to date.
6.2You acknowledge and agree that if Matrix Infosystems disables access to your
account, you may be prevented from accessing the Services, your account
details or any files or other content which is contained in your account.
7. Use of the Services by you
7.1You acknowledge and agree that while Matrix Infosystems may not currently have set a fixed upper limit on the number of transmissions you may send or
receive through the Services or on the amount of storage space used for the
provision of any Service, such fixed upper limits may be set by Matrix Infosystems at
any time, at Matrix Infosystems’s discretion.
7.2 You agree to use the Services only for purposes that are permitted
by (a) the “Terms” and (b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions (including
any laws regarding the export of data or software to and from India or other relevant countries).
7.3 You agree not to access (or attempt to access) any of the Services
by any means other than through the interface that is provided by Matrix Infosystems,
unless You have been specifically allowed to do so in a separate agreement
with Matrix Infosystems. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web
crawlers) and shall ensure that you comply with the instructions set out in
any robots.text file present on the Services.
7.4 You agree that you will not engage in any activity that interferes
with or disrupts the Services (or the servers and networks which are
connected to the Services).
7.5 Unless you have been specifically permitted to do so in a separate
agreement with Matrix Infosystems, you agree that you will not or cause to reproduce, duplicate,copy, sell, trade or resell the Services for any purpose.
7.6 You agree that you are solely responsible for (and that Matrix Infosystems has
no responsibility to you or to any third party for) any breach of your
obligations under the “Terms” and for the consequences (including any loss or
damage which Matrix Infosystems may suffer) of any such breach.
7.7 You agree that you are buying the services provided by Matrix Infosystems by approaching voluntarily and in case you are customer or user or consumer of any other person/service provider providing similar kind of service prior to entering in to contract with Matrix Infosystems,you discontinue that service of your own and Matrix Infosystems has nothing to do with your contract with such earlier service provider.
8.Web hosting
Content in the Services
8.1 You understand that all information (such as data files, written
text, computer software, music, audio files or other sounds, photographs,
videos or other images) which you may have access to as part of, or through
your use of, the Services are the sole responsibility of the person from
which such content originated. All such information is referred to below as
the “Content”.
8.2 You are aware that Content presented to Matrix Infosystems as part of the Services, including but not limited to advertisements in the Services and
sponsored Content within the Services may be protected by intellectual
property rights which are owned by the sponsorers or advertisers who provide
that Content to Matrix Infosystems (or by other persons or companies on their behalf).
you shall not modify, rent, lease, loan, sell, distribute or create derivative
works based on this Content (either in whole or in part) unless you have
been specifically told that you do so by Matrix Infosystems or by the owners of that
Content, in a separate agreement.
8.3 Matrix Infosystems reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove any or all
Content from any Service. For some of the Services, Matrix Infosystems may provide tools and/or software to limit access to material..
8.4 You understand that by using the Services ,you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Matrix Infosystems has
no responsibility to you or to any third party ) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Matrix Infosystems may suffer) by doing so.
9. Proprietary rights
9.1 you acknowledge and agree that Matrix Infosystems (or Matrix Infosystems’s licensors) own all legal right, title and interest in and to the Services, including any
intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Matrix Infosystems and that you shall not disclose such information without Matrix Infosystems’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Matrix Infosystems, nothing inthe “Terms” gives you any right to use any of Matrix Infosystems’s trade names, trade marks,service marks, logos, domain names, and other distinctive brand features.
9.3 You agree that you shall not remove, obscure, or alter any
proprietary rights notices (including copyright and trade mark notices)
which may be affixed to or contained within the Services.
15. License from Matrix Infosystems
15.1 Matrix Infosystems gives you personal, worldwide, non-assignable and non-exclusive license to use the software provided to you
by Matrix Infosystems as part of the Services as provided to you by Matrix Infosystems (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Matrix Infosystems, in the manner permitted by the “Terms” or as per the separate agreement with you.
15.2 You agree that you shall not and you shall not permit anyone else to or cause to copy, modify,create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof,
unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Matrix Infosystems, in writing.
15.3 Unless Matrix Infosystems has given you specific written permission to do so,
you shall not assign (or grant a sub-license of) your rights to use the
Software, grant a security interest in or over your rights to use the
Software, or otherwise transfer any part of your rights to use the Software.
16. Content license from you
16.1 If you own copyright and any other rights which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Matrix Infosystems a perpetual,irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or
through, the Services. This license is for the sole purpose of enabling
Matrix Infosystems to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional “Terms” of those Services.
16.2 you agree that this license includes a right for Matrix Infosystems to make
such Content available to other companies, organizations or individuals with
whom Matrix Infosystems has relationships for the provision of syndicated services, andto use such Content in connection with the provision of those services.
16.3 You understand that Matrix Infosystems, in performing the required technical
steps to provide the Services to users, may (a) transmit or distribute
your Content over various public networks and in various media; and (b) make
such changes to your Content as are necessary to conform and adapt that
Content to the technical requirements of connecting networks, devices,
services or media. You agree that this license shall permit Matrix Infosystems to take
these actions.
16.4 You confirm and warrant to Matrix Infosystems that you have all the rights,
power and authority necessary to grant the above license.
17. Software updates
17.1 The Software which You may automatically download and install
updates from time to time from Matrix Infosystems. These updates are designed to
improve, enhance and further develop the Services and may take the form of
bug fixes, enhanced functions, new software modules and completely new
versions. You agree to receive such updates (and permit Matrix Infosystems to deliver
these to you) as part of your use of the Services.
11. Your passwords and account security
11.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account use to access the Services of Matrix Infosystems. Accordingly,you agree that you will be solely responsible to Matrix Infosystems for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of
your account,you agree to notify Matrix Infosystems immediately.
12. Privacy and your personal information
12.1 For information about Matrix Infosystems’s data protection practices, please
read Matrix Infosystems’s privacy policy .
12.2 You agree to the use of your data in accordance with Matrix Infosystems’s
privacy policies.
Housing your website with the Matrix Infosystems: a person(Web owner) is provided with the service to host a website which is designed by Matrix Infosystems or any other source.
Matrix Infosystems shall not be responsible for any claim by any person for the contents of the website or the information provided in it as Matrix Infosystems only provides space to the Web owner though its system .
The Web owner owning website displayed through Matrix Infosystems agrees that he/it has displayed the website for viewing it for public as such within provisions of law applicable for public viewing.
The web owner has given worldwide royalty free,irrevocable, license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which web owner submit, post or display on or
through, the Services of Matrix infosystem for the period and for charges agreeable between both sides. This license is for the sole purpose of enabling Matrix Infosystems to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional “Terms” of those Services.
The Matrix Infosystems is not responsible to any one if any person /viewer copies or cause to copy, modify,create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof provided by Web owner or acts against the property rights ,title of Web owner or any third party with whom the Web owner may have contractual ties for the property.
The web owner may arrange for sponsorer or advertisement for displaying his/its web site through M.I.in such case M.I. has no obligation with such third party ,sponsorer ,advertiser for his contents copy right,trade mark etc.
The Web owner agrees that in the interest of M.I. and/or of the consumer/viewer the M.I reserves its right to stop,suspend temporarily or permanently any service to any web owner in full or in part through its system without giving any reason.
Design:
M.I. provides services of web designing as per requirements of consumers/customers.
The person interested in designing the website,software shall furnish all authentic documents ,papers necessary for the design.
The M.I. shall design the contents provided to it by its expertise. The interested consumer accepts the expertise,skill of the M.I. having the art and process of creating a single Web page or entire Web sites/logo/software and may involve both the aesthetics and the mechanics of a operation. Some of the aspects that may be included in design or production are graphics and animation creation, color selection, font selection, navigation design, content creation.
Unless otherwise agreed the M.I. has right to duplicate the product designed by it or license it to any person or entity.
The M.I. reserves rights to copy,duplicate,reverse engineer to sell,license for his non -payments or for any other valid reason. In such case the material ,content,document furnished to M.I. shall be exclusive property of M.I.
The M.I. also reserves his right to claim compensation/fees/losses to which it is entitled.
The consumers shall not or caused to passoff method,process used by M.I. to any third party.
The M.I. has exclusive right to use any method ,process used by him in making the other design.
The M.I. reserves his right to claim damages,losses against consumer/customer or third party if he finds that his method,process used in making particular design infringed .
The M.I. has right to filter,flag-off ,remove any content,material furnished to him or used by him at any time if found against its interest or public interest or by operation of law.
The M.I. also reserves his right to outsource work assigned to it to any other designer having required skill similar to that of M.I. to make the design.
The M.I. may also undertake designing the specified work from any other designer,agent,trader assigned to such other designer/agent/trader by the consumer and in such case shall have no obligation,liability towards such consumer.
The M.I. is not responsible to his consumer if any person /third party pirates,duplicates,copies,reverse engineer any design created by M.I. after handing the same to the consumer in complete or incomplete form and it is duty of the consumer to protect his rights.The specified product with that design then being its exclusive property.
The consumer shall be fully responsible for the material provided to M.I. for the design including copyright,privacy,secrecy,rights which third party may have on it .
Domain name registration & SSL services:- The terms for availing domain name registration and secure socket layer shall be governed by separate agreement.
For details
Goto: http://matr309974.supersite.myorderbox.com/content.php?action=show_agreements
Payment gateway services:- The terms for availing payment gateway services shall be governed by separate agreement.
For details: visit http://www.matrixinfosystems.in/paymentgatewayservices.html
8.Payments .
8.1The online payment processing facility (‘Billdesk/Billjunction/ItzCash’ or ‘the Facility’) is provided by Matrix Infosystems. These are the “Terms” and conditions governing the use of this Facility and constitute your binding obligations towards Matrix Infosystems . Matrix Infosystems may amend these “Terms” relating to this facility at any time by posting the amended “Terms” on our website. All amended “Terms” shall automatically become effective immediately after they are posted by Matrix Infosystems website and any subsequent use of the Facility shall be governed by such amended “Terms”. By using the Facility you agree to be bound by the “Terms” of the site and the “Terms” of Usage of the Facility as its customer/user. The facility is offered in conjunction with the Payment Gateway facility providers and the various participating banks. All users of the Facility by using it agree to be bound by the “Terms” of agreement with the Participating Banks and the Payment Gateway Facility Providers.
Terms
8.2 As condition precedent to avail the facility you agree with Matrix Infosystems that you are eligible to contract under law of the country where the facility is used and eligible to pay/receive amounts by availing the Facility offered by Matrix Infosystems
8.3 you agree that in the event of any dispute, the records of the Matrix Infosystems shall be binding as the conclusive evidence of the transactions carried out through the Facility in the absence of clear proof that the Matrix Infosystems records are erroneous or incomplete.
8.4 .you agree that you are also responsible for the accuracy and authenticity of the Payment Instructions provided to the matrix Infosystems and the same shall be considered to be sufficient to effect the payment.
8.5All transactions through the Facility shall be processed in Indian Rupees or US Dollar only and shall be governed and construed in accordance with the laws of India. You can make your payments through the Facility by using either:
1.A valid Credit Card issued either by Visa, MasterCard, Diners, American Express or such other issuer-institution as may be notified from time to time ; or
2.A valid Online Banking Account with any of the participating Banks, as may be notified from time to time.
3.A valid Cash Card issued either by ItzCash or such other issuer-institution as may be notified from time to time.
8.6Misuse of a Credit Card / Bank Account or use without the authorization of the legal holder of the Credit Card / Bank Account will be dealt in the most serious manner and Matrix Infosystems reserve the right to take legal action against those committing/ attempting to commit online frauds.
9.Transactions Instructions
9.1The Matrix Infosystems shall have the right to refuse to comply with the Payment Instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction, and have the right to suspend the operations of the Facility if it has reason to believe that the Payment instructions will lead or expose to direct or indirect loss or may require an indemnity from you before continuing to operate the Facility.
9.2.All transaction instructions in connection with the Facility be given, through computer or any other medium/channel enabled and in the manner indicated by Matrix Infosystems for the purpose, by the “user” . You are also responsible for the accuracy and authenticity of the transaction instructions provided to the Facility and the same shall be considered to be sufficient to operate the Facility.
9.3. Matrix Infosystems shall not be required to independently verify the transaction instructions, and the transaction instruction shall remain effective till such time the same is countermanded by further instructions by the user. Matrix Infosystems shall also have no liability if it does not or is unable to stop or prevent the implementation of an transaction instruction which is subsequently countermanded. Where Matrix Infosystems considers the transaction instructions to be inconsistent or contradictory it may seek clarification from the user before acting on any transaction instruction of the user or act upon any such instruction as it deems fit. Matrix Infosystems has no liability or obligation to keep a record of the transaction instructions to provide information to the user or for verifying user’s instructions.
10.Indemnification :
10.1By using the Facility, you agree to unconditionally indemnify Matrix Infosystems against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against service provider as a result of any act or omission on your part while choosing to effects payments through the Facility.
10.2You agree hat Matrix Infosystems shall not be liable for any unauthorised transactions occurring through the usage of the Facility and you hereby fully indemnify and holds it harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. Matrix Infosystems shall under no circumstance be held liable to the user if the Facility is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond its control. Under no circumstances shall Matrix Infosystems be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the user or by any other person. Illegal or improper use of the Facility shall render the user liable for payment of financial charges as decided by Matrix Infosystems and /or may also result in suspension of the operations through the Facility.
13. . Ending your relationship with Matrix Infosystems
18.1 The “Terms” will continue to apply until terminated by either you or
Matrix Infosystems as set out below.
18.2 If you want to terminate your legal agreement with Matrix Infosystems, you maydo so by (a) notifying Matrix Infosystems at any time and (b) closing your accounts for all of the Services you use, where Matrix Infosystems has made this option available to you. Your notice should be sent, in writing, to Matrix Infosystems’s address which is set out at the beginning of these “Terms”.
18.3 Matrix Infosystems may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the “Terms” including “Terms” related to royalty (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the “Terms”); or
(B) Matrix Infosystems is required to do so by law (for example, where the
provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Matrix Infosystems offered the Services to you has
terminated its relationship with Matrix Infosystems or ceased to offer the Services to
you; or
(D) Matrix Infosystems is transitioning to no longer providing the Services to
users in the country in which you are resident or from which Matrix you use the
service; or
(E) the provision of the Services to you by Matrix Infosystems is, in Matrix Infosystems’s opinion, no longer commercially viable.
18.5 When these “Terms” come to an end, all of the legal rights,
obligations and liabilities that you and Matrix Infosystems have benefited from, been
subject to (or which have accrued over time whilst the “Terms” have been in
force) or which are expressed to continue indefinitely, shall be unaffected
by this cessation, and the provisions of paragraph 20.7 shall continue to
apply to such rights, obligations and liabilities indefinitely.
19. Exclusion of warranties
19.1 nothing in these “Terms”, shall exclude or limit matrix Infosystems’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract orbreach of implied “Terms”, or incidental or consequential damage. accordingly, only the limitations which are lawful in your jurisdiction will
apply to you and Matrix Infosystems liability will be limited to the maximum extent permitted by law.
19.2 You expressly understand and agree that your use of the services isat your sole risk and that the services are provided “as is” and “as available.”
19.3 in particular, matrix Infosystems, do not represent or warrant to you that:
(a) your use of the services will meet your requirements,
(b) your use of the services will be uninterrupted, timely, secure
or free from error,
(c) any information obtained by you as a result of your use of the
services will be accurate or reliable, and
(d) that defects in the operation or functionality of any software
provided to you as part of the services will be corrected.
19.4 any material downloaded or otherwise obtained through the use of
the services is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or other device or
loss of data that results from the download of any such material.
19.5 no advice or information, whether oral or written, obtained by you
from matrix Infosystems or through or from the services shall create any warranty not
expressly stated in the “Terms”.
19.6 matrix Infosystems further expressly disclaims all warranties and conditions of
any kind, whether express or implied, including, but not limited to the
implied warranties and conditions of merchantability, fitness for a
particular purpose and non-infringement.
20. limitation of liability
20.1 subject to overall provision above, you expressly
understand and agree that matrix Infosystems, its licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special consequential or
exemplary damages which may be incurred by you, however caused and under any
theory of liability.. this shall include, but not be limited to, any loss of
profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation, any loss of data suffered, cost of procurement of
substitute goods or services, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but
not limited to loss or damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or
existence of any advertising, or as a result of any relationship or
transaction between you and any advertiser or sponsor whose advertising
appears on the services;
(ii) any changes which matrix Infosystems may make to the services, or for
any permanent or temporary cessation in the provision of the services (or
any features within the services);
(iii) the deletion of, corruption of, or failure to store, any
content and other communications data maintained or transmitted by or
through your use of the services;
(iii) your failure to provide matrix Infosystems with accurate account
information;
(iv) your failure to keep your password or account details
secure and confidential;
20.2 the limitations on matrix Infosystems’s liability toyou paragraph above shall apply whether or not matrix Infosystems has been advised of or should have
been aware of the possibility of any such losses arising.
21. Copyright and trade mark policies
21.1 It is Matrix Infosystems’s policy to respond to notices of alleged copyright
infringement that comply with applicable international intellectual property
law (including, in india,)
and to terminating the accounts of repeat infringers. Details of Matrix Infosystems’s
policy can be found at http://www.Matrix Infosystems.com/dmca.html.
21.2 Matrix Infosystems operates a trade mark complaints procedure in respect of
Matrix Infosystems’s advertising business, details of which can be found at
http://www.Matrix Infosystems.com/tm_complaint.html.
22. Advertisements
22.1 Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be targeted
to the content of information stored on the Services, queries made through
the Services or other information.
22.2 The manner, mode and extent of advertising by Matrix Infosystems on the
Services are subject to change without specific notice to you.
22.3 In consideration for Matrix Infosystems granting you access to and use of the
Services, you agree that Matrix Infosystems may place such advertising on the Services.
23. Other content
23.1 The Services may include hyperlinks to other web sites or content
or resources. Matrix Infosystems may have no control over any web sites or resources
which are provided by companies or persons other than Matrix Infosystems.
23.2 you acknowledge and agree that Matrix Infosystems is not responsible for the
availability of any such external sites or resources, and does not endorse
any advertising, products or other materials on or available from such web
sites or resources.
23.3 you acknowledge and agree that Matrix Infosystems is not liable for any loss or
damage which may be incurred by you as a result of the availability of those
external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products orother materials on, or available from, such web sites or resources.
24. Changes to the “Terms”
24.1 Matrix Infosystems may make changes to the Universal “Terms” or Additional “Terms”
from time to time. When these changes are made, Matrix Infosystems will make a new copy
of the Universal “Terms” available at http://www.Matrix Infosystems.com/accounts/TOS?hl=enand any new Additional “Terms” will be made available to you from within, or
through, the affected Services.
24.2 you understand and agree that if you usethe Services after the
date on which the Universal “Terms” or Additional “Terms” have changed, Matrix Infosystems will treat your use as acceptance of the updated Universal “Terms” or
Additional “Terms”.
25. General legal “Terms”
25.1 Sometimes when you use the Services, you may (as a result of, or
through your use of the Services) use a service or download a piece of
software, or purchase goods, which are provided by another person or
company. Your use of these other services, software or goods may be subject
to separate “Terms” between you and the company or person concerned. If so,
the “Terms” do not affect your legal relationship with these other companies
or individuals.
25.2 The “Terms” constitute the whole legal agreement between you and
Matrix Infosystems and govern your use of the Services (but excluding any services which Matrix Infosystems may provide to you under a separate written agreement), and completely replace any prior agreements between you and Matrix Infosystems in relation to the Services.
25.3 you agree that Matrix Infosystems may provide you with notices, including those regarding changes to the “Terms”, by email, regular mail, or postings on the
Services.
25.4 you agree that if Matrix Infosystems does not exercise or enforce any legal
right or remedy which is contained in the “Terms” (or which Matrix Infosystems has the
benefit of under any applicable law), this will not be taken to be a formal
waiver of Matrix Infosystems’s rights and that those rights or remedies will still be
available to Matrix Infosystems.
25.5 If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of these “Terms” is invalid, then that
provision will be removed from the “Terms” without affecting the rest of the
“Terms”. The remaining provisions of the “Terms” will continue to be valid and
enforceable.
25.6 you acknowledge and agree that each member of the group of
companies of which Matrix Infosystems is the parent shall be third party beneficiaries
to the “Terms” and that such other companies shall be entitled to directly
enforce, and rely upon, any provision of the “Terms” which confers a benefit
on (or rights in favor of) them. Other than this, no other person or company
shall be third party beneficiaries to the “Terms”.
25.7 The “Terms”, and your relationship with Matrix Infosystems under the “Terms”, shall be governed by the laws of the india without regard to itsconflict of laws provisions. You and Matrix Infosystems agree to submit to the exclusive jurisdiction of the courts located within the state of Goa,to resolve any legal matter arising from the “Terms”.
Notwithstanding this, you agree that Matrix Infosystems shall still be allowed to apply
for injunctive remedies (or an equivalent type of urgent legal relief) in
any jurisdiction.
By clicking ‘accept’ you accept the “Terms” of this agreement in whole or click ‘don’t accept’in case of non acceptance,exected on this —day of —–2010.
