Terms & Conditions
Welcome to Adroittech.
Adroittech, having its office address at Kart-Schmitt-Str 7 69239,
Neckarsteinach, Germany (hereinafter also referred to as
Company, we, our or
us) operates
www.adroittech.eu (the
Website) and provide software development, digital
media Marketing and other related products and services (collectively
Services).
By accessing and/or otherwise using the Services in any manner, you,
therefore, agree that you have read and accepted these Terms. We reserve
the right to modify these Terms, without notice, at any time. You
understand that your continued use of the Services after these Terms
have been modified constitutes your acceptance of these Terms as
amended.
Regularly checking and reviewing this page ensures that you are updated
on the terms and conditions governing your use of the Services.
If we believe that the modifications are material, we will notify you of
the changes by posting a notice on our Website, or emailing you at the
email address provided to us by you, and as we may deem appropriate.
What constitutes a material change will be determined by us, at our sole
and absolute discretion.
AGREEMENT TO TERMS
By accessing this Website, you agree to be bound by the same and
acknowledge that it constitutes an agreement between you and the Company
(hereinafter the User Agreement). You may not use the
Services if you do not accept the Terms or are unable to be bound by the
Terms. The terms Users, user,
your or you hereunder refer to the
person visiting, accessing, browsing through and/or using the Website at
any point in time.
PLEASE READ THIS AGREEMENT THOROUGHLY AND CAREFULLY. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
ELIGIBILITY CONDITIONS
In order to use the Website, You need to be eighteen (18) years of age
or older. The Website may only be used or accessed by such Persons who
can enter into and perform legally binding contracts under the
applicable laws. Adroittech shall not be liable in case of any false
information is provided by the user including the user’s age and the
user and/or his natural or appointed guardian alone shall be liable for
the consequences as per the applicable laws.
Adroittech disclaims all liability arising out of such unauthorised use
of the Website and any third-party liability arising out of Your use of
the Website if You are a minor.
We encourage all users to report by “submitting a request” any instances
or suspicions of minors using our Website. We shall treat such reports
with the utmost confidentiality and take appropriate actions to address
the matter promptly and responsibly.
PROHIBITED CONDUCT
Adroittech will not be responsible for any damages resulting from the
use of the Website by anyone. You will not use the Website for any
illegal purposes. You will:
- abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property).
- not interfere with or disrupt the use and enjoyment of the Website by other users.
- not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.
- not defame, harass, abuse, or disrupt other people.
- not to do or attempt to do any act which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, trolling, propaganda or otherwise unlawful in any manner whatever.
MODIFICATION AND UPDATES
Adroittech is committed to improving our Website and providing a
seamless user experience. To achieve this, we reserve the right to
modify, add, or remove features and functionalities of the Adroittech
Website, or to suspend or terminate all or part of the Website, with or
without prior notice to users.
As part of this commitment, we may also update the Terms or incorporate
documents to reflect changes in the law, Adroittech Website, or any
other aspect of the relationship between Adroittech and users. We
encourage users to regularly review the Terms to stay informed of any
changes.
SECURITY OUR SERVICES
You agree to use this Website only in accordance with these Terms. In
the event that your unauthorised use of this Website results in loss or
damage to any person who then brings a claim against us, you agree to
indemnify us for all losses and/or damages arising from such claim.
As a user of this Website you undertake:
- Not to use our Website in any way that causes or may cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose.
- Not to use our Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
- Not to conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Website without our express written consent.
- Not to knowingly or recklessly contravene, in the course of using this Website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake.
- Not to use this Website to make unauthorised attempts to access or interfere with any of our systems or third-party networks.
- Not to use this Website to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
- Not to use this Website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this Website for such purpose(s).
- to inform us immediately of any claim or action against you for any use of this Website and, on request from us, to immediately cease the act complained of.
We reserve the right but have no obligation, to monitor the materials posted on the Website. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the Website and in Your private messages. Please be advised that such content posted does not reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or Losses resulting from the use of content and/or appearance of the content on the Website. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or intellectual property or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
PRIVACY AND USAGE OF COOKIES
Adroittech will not intentionally disclose any personally identifying information about you to third parties, except where Adroittech, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of the Privacy policy. Refer to our Privacy Policy and Cookie Policy.
INTELLECTUAL PROPERTY RIGHTS
"Intellectual Property Rights" means any and all rights existing from
time to time under patent law, copyright law, moral rights law, trade
secret law, trade mark law, unfair competition law, publicity rights
law, privacy rights law, and any and all other proprietary rights, as
well as, any and all applications, renewals, extensions, restorations
and reinstatements thereof, now or hereafter in force and effect
worldwide.
All material and content on the Website, including images,
illustrations, text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations and software, is our property, or
the property of our affiliates or content suppliers, and is protected by
the domestic as well as international intellectual property law,
including copyright, authors’ rights, database rights laws, trademarks,
and other intellectual property rights that are owned and controlled by
us or by other parties that have licensed their material to us.
The compilation of all content on the Website is our exclusive property
and is protected by domestic as well as international copyright and
database rights laws.
You hereby agree to not copy, reproduce, republish, upload, post,
transmit or distribute such material in any way, including by e-mail or
other electronic means whether directly or indirectly and you must not
assist any other person to do so. Without the prior written consent of
the owner, modification of the materials, use of the materials on any
other website or use of the materials for any purpose other than
personal, non-commercial use is a violation of the copyrights,
trademarks and other proprietary rights, and is prohibited.
INDEMNIFICATION
You understand and agree that you are personally responsible for your behaviour on the Website. You agree to indemnify, defend and hold the Company including our affiliates, directors, officers, stockholders, employees, licensors, and agents harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of, or relating in any way to (a) your use of the Products; (b) your violation or alleged violation of any laws in connection with your use of the Products; (c) any fraud or misrepresentation by you; or (d) any violation or alleged violation of this Agreement by you, including any actual or alleged breach of your representations, warranties, or obligations.
DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT
PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER
EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL
ALWAYS BE SECURE, ERROR-FREE, OR TIMELY, (B) THE SERVICES WILL ALWAYS
FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS OR (C) THAT ANY
CONTENT, USER CONTENT OR INFORMATION YOU OBTAIN OR THROUGH THE SERVICES
WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY
FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES,
UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT
BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF
WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD-PARTIES ON OR THROUGH THE SERVICES, OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF 5000 INR OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.
GOVERNING LAW AND JURISDICTION
These Terms and any separate agreements whereby we provide you Services
shall be governed by and construed in all respects in accordance with
the Laws of Germany and the courts at Neckarsteinach, Germany shall have
exclusive supervisory jurisdiction over all matters in connection with
any such dispute or any lawsuit arising from or related to this
Agreement.
The rights and duties created shall be interpreted and enforced in
Germany according to the Laws of Germany. You and Adroittech consent to
jurisdiction and venue in Neckarsteinach, Germany for Arbitration
arising from or related to this Agreement.
The United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transactions Act, as adopted,
amended, or codified by any state, does not apply to these Terms and
Conditions.
NOTICES
Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
DISPUTE RESOLUTION
If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to the Company’s email ID in accordance with the above-mentioned Clause. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation in accordance with the Laws of Germany. The Place for alternative dispute resolution is in Neckarsteinach, Germany.
REMOVAL OF DOUBTS
Notwithstanding anything stated in these terms for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.
MISCELLANEOUS
- Severability - The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
- Entire Agreement - The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
- Waiver - If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
- Amendments - Notwithstanding anything contained hereinbefore, Adroittech may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
- Force Majeure - No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.
TERM AND TERMINATION
The obligations and liabilities of the users incurred prior to the
termination date shall survive the termination of this agreement for all
purposes. These Terms and Conditions are effective unless and until
terminated by either you or us. You may terminate these Terms and
Conditions at any time by notifying us that you no longer wish to use
our Services, or when you cease using our site.
If in our sole judgment, you fail, or we suspect that you have failed,
to comply with any term or provision of these Terms and Conditions, we
also may terminate this agreement at any time without notice and you
will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or
any part thereof).
CONTACT US
After reviewing this policy, if you have any additional questions,
concerning these Terms, please contact us by sending an email to
marketing@adroittech.eu by adding
the word Terms and Conditions in the subject line.
If you wish to communicate with us through mail, you can send your
correspondence to:
Address: Kart-Schmitt-Str 7 69239, Neckarsteinach, Germany.
Effective Date: September 10, 2023.
Last Updated: September 10,
2023.