1) THE AGREEMENT: The use of www.magiknow.com and the on customer support through its portal MagikNow and other services on this Website provided by MagikMinds(“Company”) are subject to the following Terms & Conditions (the “Agreement”), This Agreement shall govern the use of all pages on our Website (“Website”) and any services provided by the Website (“Services”).
2) ACCEPTANCE: By the use of our Website, you also warrant that you have carefully read and reviewed this Agreement and agree to be bound by this agreement. If you do not agree to be bound by this Agreement, you are requested to please leave the Website immediately. MAGIKMINDS agrees only to provide use of this Website and its Services to you if you assent and this Agreement.
3) LICENSE: MAGIKMINDS may provide you with certain information because of your use of our Website and services. Such information shall include documentation, data, or information developed by our Company, and also the materials which may assist in you in using of the Website or the Services (“MAGIKMINDS Materials”). Subject to this Agreement, MAGIKMINDS grants you a non-exclusive, limited, non-transferable and revocable license to use the MAGIKMINDS Materials solely in connection with your use of the Website and Services. MAGIKMINDS Materials shall not be used for any other purpose, and this license ends upon your cessation of use of the Website or Services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY: You hereby agree that the Website content and all Services provided by the MAGIKMINDS are the property of the Company, including all copyrights, trademarks, patents, and other intellectual property (“MAGIKMINDS IP”). You further agree that the MAGIKMINDS owns all right, title and interest in and to the MAGICMINDS IP and that you will not use MAGIKMINDS IP for any unlawful purpose. You also agree not to reproduce or distribute MAGIKMINDS IP, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
5) USER OBLIGATIONS: As a user of our Website and the Services, we ask you to register with us. When you do so, you will choose a user identifier, which may be your email address or username, and a password. You may also provide personal information, including, but not limited to, your name. You ensure the accuracy of this information. This information will make you enable to use our Website and our services. You should not share such information with any third party, you as a user are responsible for maintaining the safety and security of your identifying information and keeping us apprised of any changes to your identifying information. Providing of false, inaccurate and fake information and using our Website and services to fraud or do unlawful activities are grounds for the immediate termination of this Agreement.
6) ACCEPTABLE USE: You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company. a) You further agree not to use the Website or Services:
- I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- II) To violate any intellectual property rights of the MAGIKMINDS or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- IV) To perpetrate any fraud;
- V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
7) AFFILIATE: MAGIKMINDS may accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. We intend this disclosure to comply with the Trade Commission Rules on marketing and advertising and any other legal requirements that may apply.
8) SALES: MagikNow is a on demand customer service launched by MagikMinds to provide services to Smallworld customers globally with “Powerful and Flexible Customer Support Service”. It offers support with experienced engineers across the range of Smallworld suite products through a customer service portal
9) REFUND POLICY: You agree to ensure payment for any kind of services may purchase from us, and you acknowledge and affirm that our prices are subject to change. When purchasing our services, you agree to provide us with valid billing information. We reserve the right to reject or cancel any service for any reason, including errors or omissions in the information that you provide us.
10) REVERSE ENGINEERING: You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or ; b) Violate the security of the Website or Services through any unwarranted access, circumvention of an encryption or other security tools, data mining or interference to any host, user or network.
11) DATA LOSS: MAGIKMINDS does not accept responsibility for the security of your account or content. You agree that your use of the Website or Services is at your own risk.
12) INDEMNIFICATION: you agree to defend and indemnify MAGIKMINDS and any of its affiliates and hold us harmless against all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, Your breach of this Agreement, or your conduct or actions. You agree that the MAGIKMINDS shall be able to select its own legal counsel and may take part in its own defence if we wish.
13) SPAM POLICY: We strictly prohibit you from using our Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14) LINKS: MAGIKMINDS may occasionally post links to third-party Websites or other services. You agree that MAGICMINDS is not responsible or liable for any loss or damage caused because of your use of any third party services linked from our Website.
15) MODIFICATION: MAGIKMINDS from time to time and without notice to you, changes this Agreement. You agree that MAGIKMINDS may change this Agreement or revise anything contained. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and those modifications or variations will replace any prior version of this Agreement, unless prior versions are referred to or incorporated into the latest modification or the variation of this Agreement.
- a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
- c) If the modifications of this Agreement are not monitored by you, you agree that we shall consider such failure an affirmative waiver of your right to review the changed Agreement
16) ENTIRE AGREEMENT: This Agreement makes up the entire understanding between the Parties regarding all use of this Website and services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of our Website.
17) INTERRUPTIONS: MAGIKMINDS may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but MAGIKMINDS shall have no liability for any damage or loss caused because of such downtime.
18) TERM: MAGIKMINDS may end this Agreement with you for any reason, with or without cause. MAGIKMINDS specifically reserves the right to end this Agreement if you violate any of the terms outlined including, but not limited to, violating the intellectual property rights of MAGIKMINDS or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also end this Agreement by contacting us on our email and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination shall remain in full force and effect.
19) WARRANTIES: you agree that your use of our Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. MAGIKMINDS expressly disclaims all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. MAGIKMINDS makes no warranties that our Website or the Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. MAGIKMINDS also makes no warranties as to the reliability or accuracy of any information on the Website or that you got through our Services. You agree that any damage that may occur to you, through your computer system, or because of loss of your data from your use of the Website or Services is your sole responsibility and that MAGIKMINDS is not liable for any such damage or loss.
20) LIABILITY: MAGIKMINDS is not liable for any damages that may occur to you because of your use of our Website or Services, to the fullest extent permitted by law. We limit the maximum liability of the MAGICMINDS arising from or relating to the greater of five hundred (Rs.500) or the amount you paid to MAGIKMINDS for your service booking. This section applies to all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
21) GENERAL PROVISIONS:
- A) JURISDICTION: Through Your use of the Website or Services, You agree that the Indian laws shall govern any matter or dispute relating to or arising out of this Agreement, and any dispute of any kind that may arise between you and the Company, shall be raised in the courts of __________ except for its conflict of law provisions. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive but mandatory. You hereby waive the right to any objection of venue.
- B) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. A single arbitrator shall conduct the arbitration, and such an arbitrator shall have no authority to add Parties, vary this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing law. Each Party shall pay its own costs and fees. Claims causing arbitration under this section include but are not limited to contract claims, tort claims, ordinances, statutes or regulations. Intellectual property claims by the MAGIKMINDS will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial regarding arbitral claims.
- C) ASSIGNMENT: This Agreement or the rights granted shall not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of MAGIKMINDS will bind and inure to any assignees, administrators, successors, and executors.
- D) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, it will enforce the remaining parts and subpart to the maximum extent possible. In such conditions, the rest of this Agreement shall continue in full force.
- E) Our Relationship: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
- F) FORCE MAJEURE: MAGIKMINDS is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be because of unforeseen circumstances.
Effective from: November 6th, 2019