Last Revised: 24th May, 2018
The terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, vertex web applications ("Platform") for the browsing its content, posting comments or any content or responding to any advertisements or content on the Platform.
This Terms of Service Agreement (the "Agreement") governs your use of this Platform which is owned and operated by Vertex Infosoft Solutions Private Limited (CIN: U30007CH1999PTC022505), a company incorporated under the laws of India, having its registered office at Plot No. 526, Sector 82, JLPL Industrial Park, SAS Nagar (Mohali), Punjab, INDIA -160055 ("Vertex") which offers products for purchase, or your purchase of products available on the Platform ("Service(s)"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Vertex reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this page. The changed or revised Agreement will be effective immediately after it is posted on the Platform. Your use of the Platform and/or Services following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Vertex encourages you to review this Agreement whenever you use the Service and/or Platform to make sure that you understand the terms and conditions governing use of the Service. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Vertex for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Platform and/or Services.
In connection with using or accessing the Services you will not:
Use of the Platform, either by registration or by any other means, is available only to persons, who are 18 yrs. of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access the Platform, either by registration on the Platform or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the Platform on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Platform. If Vertex believes you are misusing Vertex Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend or terminate your user accounts and access to our Services, delay or remove hosted content, remove any special status associated with your accounts, remove and demote hosting, reduce or eliminate any discounts and take technical and/or legal steps to prevent you from using our services. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services. Also, we reserve all the rights to refuse or terminate our Services to anyone for any reason at our discretion.
We try to keep our Services safe, secure and functioning properly, but we cannot guarantee the continuous operation of or access to our services. Update and other notification functionality in Vertex Services may not occur in real time. Such functionality is subject to delays beyond control of Vertex. You agree that you are making use of our services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we (including our owners, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
You will release, indemnify, defend and hold harmless, Vertex and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Vertex. When Vertex is threatened with suit or sued by a third party, Vertex may seek written assurances from you concerning your promise to indemnify Vertex; your failure to provide such assurances may be considered by Vertex to be a material breach of this Agreement. Vertex will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Vertex choice at its expense. Vertex will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Vertex against any claim, but you must receive Vertex prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
All trademarks, service marks and trade names of Vertex used in the service are trademarks or registered trademarks of Vertex.
Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and Vertex have against each other are resolved. You and Vertex agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Vertex Services User Agreement, your use of or access to the services, or any products or services sold or purchased through the services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You agree that, except to the extent inconsistent with or preempted by the law of India, the location of jurisdiction is Mohali, Punjab, India, without regard to principles of conflict of laws, will govern the "Terms and Conditions of Use" and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in the Terms and Conditions of Use.
We may amend this Terms and Conditions of Use at any time and post it on our website. Our right to amend the Agreement includes the right to modify, add to, or remove terms. We will provide you 30 days notice by posting the amended terms. Your continued access or use of our services constitutes your acceptance of the amended terms. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Terms and Conditions of Use. Such account is owned and controlled by the business entity. The User Agreement, the User Privacy Notice, and all policies set forth the entire understanding and agreement between you and Vertex and supersede all prior understandings and agreements of the parties.
You acknowledge and agree that Vertex may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that content will be maintained or retained by the Platform, the maximum number and size of postings, e-mail messages, or other content that may be transmitted or stored by the Platform, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number or email address through which you have registered. In the event you have more than one account linked through your mobile number or email address, Vertex reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that Vertex has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Platform or the Service. You acknowledge and agree that Vertex reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice, and that Vertex shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Vertex, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason or no reason at all, including, without limitation, if Vertex believes that you have violated these Terms. Further, you agree that Vertex shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
All users agree to abide by applicable regulations and their local regulations. Vertex shall not be liable for any violations by users.
You can contact us via e-mail by clicking "Contact Us" on any https page or send an e-mail directly to email@example.com. Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.