DataTracks Services Limited is a company incorporated under the laws of India and having its registered office at 7th Floor, Hardy Tower, Ramanujan IT City, Taramani, Chennai 600113, India (hereinafter known as "DataTracks" which term shall mean and include its administrators, affiliates, assigns and Sucessors-in-interest). The word "We" or "Us" or “Our” as used in the Terms and conditions below refers to "DataTracks".
DataTracks maintains and operates the website www.datatracks.in where users can set up user accounts, and upload input documents of types specified in the website that are converted into output documents of types specified in the website for review and usage by such users for payment of a fee (hereinafter known as "Services")
You are a user who has already set up a user account with the objective of using the Services provided by DataTracks (and any reference to You or Your shall mean you or your as the case may be which terms shall include your heirs, executors, administrators, legal representative, successor/ successors-in-office and assigns)
By clicking on the button provided for this purpose, you agree to use the Services provided by DataTracks subject to the terms and conditions governing the provision of this service as below. You could print a copy of these Terms of Service for future reference. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to use our Services.
The Service shall provide output documents specified by you in the Order from input documents provided by you at the time of placing the order subject to DataTracks receiving the amounts payable for provision of such service in full.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with DataTracks, or (b) you are a person barred from receiving the Services under the laws of India.
When you place an order in the DataTracks website to avail our Services, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to provide a Service. Our acceptance of this order is complete only when we receive payment in full upfront against the order or within a mutually agreed credit period. We may refuse to provide any Service if we do not have sufficient capacity to provide the same within the turnaround time that you have requested.
When you visit our website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
In order to access our 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 DataTracks will always be accurate, correct and up to date.
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).
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 DataTracks, unless you have been specifically allowed to do so in a separate agreement with DataTracks. 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.txt file present on the Services.
You confirm that you whenever you are performing any task on behalf of your clients (including but not limited to uploading of files), you have the necessary permission of your client in doing so, and you will hold DataTracks harmless for any unauthorised action on your part.
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).
DataTracks is not responsible for any loss or damage arising directly or indirectly from any error in provision of inputs, any misuse or any breach, willful or otherwise by you. In any case the total liability of DataTracks for any claims of whatsoever nature, consequential or otherwise, arising from DataTracks providing you a Service, shall be limited to the amount actually paid by you for the specific instance where such Service was provided.
DataTracks will hold your data in a user accessible format for 30 days from the date of uploading the deliverables. It is your responsibility to access our website and download the deliverables within this 30 days period. You acknowledge that you will access the website and check for availability of deliverables periodically after the deadline and DataTracks shall not be responsible to remind you of the availability of deliverables in the website beyond the first email.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not DataTracks, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
Users of this website may send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. DataTracks reserves the right (but not the obligation) to remove or edit any content.
You acknowledge and agree that DataTracks own all legal rights, titles 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).
Unless you have agreed otherwise in writing with DataTracks, nothing in the Terms gives you a right to use any of DataTracks' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
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.
Unless you have been expressly authorised to do so in writing by DataTracks, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
The Terms will continue to apply until terminated by either you or DataTracks as set out below.
DataTracks may at any time, terminate its legal agreement with you if:
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DataTracks 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.
You may have the right to cancel the contract with DataTracks within 24 hours from the time you have placed the order. Refunds can be requested by email: firstname.lastname@example.org and stating the reasons why one is sought. Refunds will be at the sole discretion of DataTracks. In situations where we deem that a refund is warranted we reserve the right to deduct such amounts as we view are reasonable to cover the costs of our administration and other incidental costs incurred.
DataTracks, its parent, its subsidiaries and affiliates do not represent to you that:
You acknowledge and agree that you are responsible for the accuracy and fitness for purpose of the output provided and DataTracks does not warrant expertise in applicable laws or regulations and in providing the Service, relies upon careful review and evaluation by suitable professionals before the deliverables provided under the Service are used for intended purpose.
DataTracks is not responsible for any loss or damage arising from connecting to the website to your network, systems or other assets. You agree that it shall be your responsibility to safeguard your network, systems and other assets against intrusion, interference, malware, or other unwanted changes.
You expressly understand and agree that DataTracks, its parent, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
DataTracks, its affiliates, agents and contractors who DataTracks use to provide the Services shall be liable for any losses, damages, costs or expenses which arises from its or their negligence, willful default or fraud.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
These conditions are governed by and construed in accordance with the laws of India without regard to its conflict of law’s provisions. You and DataTracks agree to submit to the exclusive jurisdiction of the courts located within India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DataTracks shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
You agree that DataTracks may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if DataTracks does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DataTracks has the benefit of under any applicable law), this will not be taken to be a formal waiver of DataTracks's rights and that those rights or remedies will still be available to DataTracks.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, the remaining provisions of the Terms will continue to be valid and enforceable and would be removed subsequently without affecting the rest of the terms
You acknowledge and agree that each affiliated company of DataTracks 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.
16.1 DataTracks undertakes that it will not disclose any confidential information concerning your business, affairs and any information which is non-public, confidential or proprietary in nature without your prior written consent, except:
16.2 DataTracks shall not use confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
This document was last updated on 24th April 2019.