License Cachet Marketing Services Private Limited, hereby grants you a limited, non‐exclusive, non‐assignable and non‐transferable license to access www.cachetms.com provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this USER AGREEMENT.
Proprietary Rights: All rights, title and interest in this web site and any content as well as the design and information contained in this site contained herein is the exclusive property of Cachet Marketing Services Private Limited, except as otherwise stated. Cachet Marketing Services Private Limited is the sole owner of all the intellectual property including all rights in trademarks, marks, logos, symbols, copyright works, reports, diagrams, patents, designs created or held in the Products, Services, web sites etc including but not limited to the domain names, the source codes, the database etc. This web site is only for your personal and non‐commercial use and for no other purpose. Nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The content of the website cannot be amended, copied, reproduced, replicated, republished, uploaded, posted, published, transmitted, displayed or distributed for any non‐personal use without obtaining prior written permission from Cachet Marketing Services Private Limited. You may not perform, license, frame, create derivative works from, or otherwise use in any other way for commercial or public purposes in whole or in part any information, reports & formats thereof, presentations of reports, software, products or services obtained from this web site, except for the purposes expressly provided herein, without prior written approval of Cachet Marketing Services Private Limited. You may not resell, reproduce, redistribute, broadcast or transfer the information or use the information in a searchable, machine‐ readable database unless separately and specifically authorized in writing by Cachet Marketing Services Private Limited prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time‐share www.cachetms.com , any part or format thereof, or any of the information received or accessed there‐from to or through any other person or entity unless separately and specifically authorized in writing by Cachet Marketing Services Private Limited prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of www.cachetms.com without prior written authorization except as set forth herein. The names of other companies and third‐party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written approval of Cachet Marketing Services Private Limited or such third party, which may own the marks. The users of the web sites have no right to use the Intellectual Property in any manner whatsoever except to the extent expressly permitted by Cachet Marketing Services Private Limited. The users of the web sites agree to treat as confidential and privileged all information supplied or received and will not divulge or disclose the same to any third party, except to those authorised by Cachet Marketing Services Private Limited in writing. The users further agree not to use any such information to the detriment to Cachet Marketing Services Private Limited or any other entity in any way whatsoever, at any time. The users agree not to make copies of any such confidential information or any part thereof except for their personal consumption within the terms of this agreement. Cachet Marketing Services Private Limited reserves the right to terminate the accounts of Subscribers / Customers, who violate the proprietary rights. In addition, in case of any act in actual or intentional breach of these terms, directly or indirectly, by any means or modes, you will be liable for actual and punitive damages as determined by www.cachetms.com and additional damages to be determined by an Indian court of Law.
Security: Unauthorized use of web site and systems of Cachet Marketing Services Private Limited, including, but not limited to, unauthorized entry into systems, online accounts, Client Desks, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair www.cachetms.com or interfere with any other party's use and enjoyment of any www.cachetms.com. You may not attempt to gain unauthorized access to any of our site or service and computer systems or networks connected to it, through hacking. You agree that you will not engage in any activities related to this web site that are contrary to the applicable laws or regulations in force. The users of online accounts have the primary responsibility to keep their login‐ids and passwords secure. In case of any such leak of login‐id & password, Cachet Marketing Services Private Limited cannot be responsible for the loss of such information, or for any act, omission, damages, claims, loss of personal information, etc arising from the use of such leakage of login‐ids and passwords.
Service Delays: Cachet Marketing Services Private Limited reserves its right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this web site and to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Cachet Marketing Services Private Limited may discontinue or change any product or service or online user accounts described in or offered on this web site or in any modules or parts thereof at any time if deems fit and proper. Neither Cachet Marketing Services Private Limited (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, riots, armed conflicts, acts of war, or other like causes. Cachet Marketing Services Private Limited shall have no responsibility to provide you access to www.cachetms.com during such interruption.
Liability Disclaimer: YOU EXPRESSLY AGREE THAT THE USE OF THE WEB SITE IS AT YOUR SOLE RISK The information and materials on this web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only with due care, and Cachet Marketing Services Private Limited does not undertake any obligation or responsibility to update or amend any such information. The information, products and services on this web site are provided on an "AS IS, WITH ALL FAULTS", "WHERE IS" and "WHERE AVAILABLE" basis. Cachet Marketing Services Private Limited does not warrant the information or services provided herein or your use of this web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non‐infringement, merchantability or fitness for a particular purpose. Cachet Marketing Services Private Limited will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you on this web site. Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, Cachet Marketing Services Private Limited cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Cachet Marketing Services Private Limited, nor any of its affiliates, directors, officers or employees, nor any third party vendor, or associates, groups or Partners, will be liable or have any responsibility of any kind for any loss or damage or compensation that you may incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Cachet Marketing Services Private Limited or of any vendor providing software or services. Under this User Agreement, you assume all risk of errors and/or omissions in www.cachetms.com, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of www.cachetms.com, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement. YOU AGREE THAT, Cachet Marketing Services Private Limited (Including its and their officers, directors, employees, affiliates, group companies agents, representatives or subcontractors) shall not be, in any event, be liable, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or other damages of any kind arising out of the use or inability to use www.cachetms.com for any purpose whatsoever even if Cachet Marketing Services Private Limited or any other such party has been advised of the possibility thereof Cachet Marketing Services Private Limited and it's affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to user and/or any third party. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Cachet Marketing Services Private Limited cannot and does not guarantee continuous, uninterrupted or secure access to this web site.
Links to third party sites The links in this site will allow you to leave www.cachetms.com. The linked sites are not under the control of www.cachetms.com. Cachet Marketing Services Private Limited has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by Cachet Marketing Services Private Limited of the site.
Indemnification YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS Cachet Marketing Services Private Limited (including its officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of www.cachetms.com (b) any non‐compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.
Use of Information By using the information on www.cachetms.com, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. Cachet Marketing Services Private Limited does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation. The service herein is provided "AS IS," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. Neither Cachet Marketing Services Private Limited nor any of its employees, agents, successors, assigns, affiliates, group companies or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Since some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such countries, the respective liability of Cachet Marketing Services Private Limited, its employees, agents, successors, assigns, affiliates, group companies and content or service providers respective liability is limited to the amount provided under said law. Further, you agree and understand that all services provided are non‐refundable and that you should carefully consider whether our services are able to meet your needs. Transactions between user of this site and Cachet Marketing Services Private Limited shall be governed by and construed in accordance with the laws of India, without regard to the laws regarding conflicts of law.