TERMS AND CONDITIONS
Last
updated: 2023-01-01
1.
Introduction
Welcome
to aciweb Solution (“Company,” “we,” “our,” “us”)!
These
Terms of Service (“Terms”, “Terms of Service”) govern your use of our website
located at https://aciwebsolution.com/ (together or individually
“Service”) operated by aciweb Solution.
Our
Privacy Policy also governs your use of our Service and explains how we
collect, safeguard and disclose information that results from your use of our
web pages.
Your
agreement with us includes these Terms and our Privacy Policy (“Agreements”).
You acknowledge that you have read and understood the Agreements, and agree to be
bound by them.
If
you do not agree with (or cannot comply with) Agreements, then you may not use
the Service, but please let us know by emailing [email protected]
so we can try to find a solution. These Terms apply to all visitors, users, and
others who wish to access or use the Service.
2.
Communications
By
using our Service, you agree to subscribe to newsletters, marketing or
promotional materials, and other information we may send. However, you may opt
out of receiving any, or all, of these communications from us by following the
unsubscribe link or by emailing [email protected].
3.
Purchases
If
you wish to purchase any product or service made available through Service
(“Purchase”), you may be asked to supply certain information relevant to your
Purchase including but not limited to, your credit or debit card number, the
expiration date of your card, your billing address, and your shipping
information.
You
represent and warrant that: (i) you have the legal right to use any card(s) or another
payment method (s) in connection with any Purchase; and that (ii) the
information you supply to us is true, correct, and complete.
We
may employ the use of third-party services to facilitate payment and the
completion of Purchases. By submitting your information, you grant us the right
to provide the information to these third parties subject to our Privacy
Policy.
We
reserve the right to refuse or cancel your order at any time for reasons
including but not limited to product or service availability, errors in the
description or price of the product or service, error in your order, or other
reasons.
We
reserve the right to refuse or cancel your order if fraud or an unauthorized or
illegal transaction is suspected.
4.
Contests, Sweepstakes, and Promotions
Any
contests, sweepstakes or other promotions (collectively, “Promotions”) made
available through Service may be governed by rules that are separate from these
Terms of Service. If you participate in any Promotions, please review the applicable
rules as well as our Privacy Policy. If the rules for a Promotion conflict with
these Terms of Service, Promotion rules will apply.
5.
Subscriptions
Some
parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and
periodic basis ("Billing Cycle"). Billing cycles will be set
depending on the type of subscription plan you select when purchasing a
Subscription.
At
the end of each Billing Cycle, your Subscription will automatically renew under
the same conditions unless you cancel it or aciweb Solution cancels it. You may
cancel your Subscription renewal either through your online account management
page or by contacting [email protected] customer support team.
A
valid payment method is required to process the payment for your subscription.
You shall provide aciweb Solution with accurate and complete billing
information that may include but is not limited to full name, address, state,
postal or zip code, telephone number, and valid payment method information. By
submitting such payment information, you automatically authorize aciweb
Solution to charge all Subscription fees incurred through your account to any
such payment instruments.
Should
automatic billing fail to occur for any reason, aciweb Solution reserves the
right to terminate your access to the Service with immediate effect.
6.
Free Trial
aciweb
Solution may, at its sole discretion, offer a Subscription with a free trial
for a limited period ("Free Trial").
You
may be required to enter your billing information to sign up for Free Trial.
If
you do enter your billing information when signing up for Free Trial, you will
not be charged by aciweb Solution until Free Trial has expired. On the last day
of the Free Trial period, unless you cancel your Subscription, you will be
automatically charged the applicable Subscription fees for the type of
Subscription you have selected.
At
any time and without notice, aciweb Solution reserves the right to (i) modify the
Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
7.
Fee Changes
aciweb
Solution, in its sole discretion and at any time, may modify Subscription fees
for the Subscriptions. Any Subscription fee change will become effective at the
end of the then-current Billing Cycle.
aciweb
Solution will provide you with reasonable prior notice of any change in
Subscription fees to allow you to terminate your Subscription before such
change becomes effective.
Your
continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
8.
Refunds
We
issue refunds for Contracts within 14 days of the original purchase of
the Contract.
9.
Content
Our
Service allows you to post, link, store, share and otherwise make available
certain information, text, graphics, videos, or other material (“Content”). You
are responsible for the Content that you post on or through the Service,
including its legality, reliability, and appropriateness.
By
posting Content on or through Service, You represent and warrant that: (i) Content
is yours (you own it) and/or you have the right to use it and the right to
grant us the rights and license as provided in these Terms, and (ii) that the
posting of your Content on or through Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of
any person or entity. We reserve the right to terminate the account of anyone
found to be infringing on a copyright.
You
retain any of your rights to any Content you submit, post, or display on or
through Service and you are responsible for protecting those rights. We take no
responsibility and assume no liability for the Content you or any third party post
on or through Service. However, by posting Content using Service you grant us
the right and license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through Service. You agree that
this license includes the right for us to make your Content available to other
users of the Service, who may also use your Content subject to these Terms.
aciweb
Solution has the right but not the obligation to monitor and edit all Content
provided by users.
In
addition, Content found on or through this Service is the property of aciweb
Solution or used with permission. You may not distribute, modify, transmit,
reuse, download, repost, copy, or use said Content, whether in whole or in
part, for commercial purposes or personal gain, without express advance written
permission from us.
10.
Prohibited Uses
You
may use Service only for lawful purposes and by the Terms. You agree not to use
Service:
0.1.
In any way that violates any applicable national or international law or
regulation.
0.2.
to exploit, harm, attempt to exploit, or harm minors in any way by exposing
them to inappropriate content or otherwise.
0.3.
To transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail”, “chain letter,” “spam,” or any other
similar solicitation.
0.4.
To impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
0.5.
In any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
0.6.
To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of Service, or which, as determined by us, may harm or offend the Company
or users of Service or expose them to liability.
Additionally,
you agree not to:
0.1.
Use Service in any manner that could disable, overburden, damage, or impair
Service or interfere with any other party’s use of Service, including their
ability to engage in real-time activities through Service.
0.2.
Use any robot, spider, or another automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on
Service.
0.3.
Use any manual process to monitor or copy any of the material on Service or for
any other unauthorized purpose without our prior written consent.
0.4.
Use any device, software, or routine that interferes with the proper working of
the Service.
0.5.
Introduce any viruses, trojan horses, worms, logic bombs, or other material
which is malicious or technologically harmful.
0.6.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any
parts of Service, the server on which Service is stored, or any server,
computer, or database connected to Service.
0.7.
Attack Service via a denial-of-service attack or a distributed
denial-of-service attack.
0.8.
Take any action that may damage or falsify the Company rating.
0.9.
Otherwise attempt to interfere with the proper working of Service.
11.
Analytics
We
may use third-party Service Providers to monitor and analyze the use of our
Service.
12.
No Use By Minors
Service
is intended only for access and use by individuals at least eighteen (18) years
old. By accessing or using Service, you warrant and represent that you are at
least eighteen (18) years of age and with the full authority, right, and
capacity to enter into this agreement and abide by all of the terms and conditions
of the Terms. If you are not at least eighteen (18) years old, you are
prohibited from both access and usage of the Service.
13.
Accounts
When
you create an account with us, you guarantee that you are above the age of 18
and that the information you provide us is accurate, complete, and current at
all times. Inaccurate, incomplete, or obsolete information may result in the
immediate termination of your account on Service.
You
are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any activities
or actions that occur under your account and/or password, whether your password
is with our Service or a third-party service. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of your
account.
You
may not use as a username the name of another person or entity or that is not
lawfully available for use, a name or trademark that is subject to any rights
of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar, or obscene.
We
reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders at our sole discretion.
14.
Intellectual Property
Service
and its original content (excluding Content provided by users), features, and
functionality are and will remain the exclusive property of aciweb Solution and
its licensors. Service is protected by copyright, trademark, and other laws of foreign
countries. Our trademarks may not be used in connection with any product or
service without the prior written consent of aciweb Solution.
15.
Copyright Policy
We
respect the intellectual property rights of others. It is our policy to respond
to any claim that Content posted on Service infringes on the copyright or other
intellectual property rights (“Infringement”) of any person or entity.
If
you are a copyright owner or authorized on behalf of one, and you believe that
the copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email to
[email protected], with the subject line: “Copyright Infringement”
and include in your claim a detailed description of the alleged Infringement as
detailed below, under “DMCA Notice and Procedure for Copyright Infringement
Claims”
You
may be held accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content found
on and/or through Service on your copyright.
16.
DMCA Notice and Procedure for Copyright Infringement Claims
You
may submit a notification under the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
0.1.
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright’s interest;
0.2.
a description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
0.3.
identification of the URL or other specific location on the Service where the
material that you claim is infringing is located;
0.4.
your address, telephone number, and email address;
0.5.
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
0.6.
a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
You
can contact our Copyright Agent via email at [email protected].
17.
Error Reporting and Feedback
You
may provide us either directly at [email protected] or via third-party
sites and tools with information and feedback concerning errors, suggestions
for improvements, ideas, problems, complaints, and other matters related to our
Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain,
acquire or assert any intellectual property right or another right, title, or
interest in or to the Feedback; (ii) Company may have developed ideas similar
to the Feedback; (iii) Feedback does not contain confidential information or
proprietary information from you or any third party, and (iv) Company is not
under any obligation of confidentiality concerning the Feedback. In the event
the transfer of the ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
18.
Links To Other Web Sites
Our
Service may contain links to third-party websites or services that are not owned
or controlled by aciweb Solution.
aciweb
Solution has no control over and assumes no responsibility for the content,
privacy policies, or practices of any third-party websites or services. We do
not warrant the offerings of any of these entities/individuals or their
websites.
YOU
ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE,
DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED
BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR
SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
WE
STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY
WEBSITES OR SERVICES THAT YOU VISIT.
19.
Disclaimer of Warranty
THESE
SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR
MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE
SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR
SOLE RISK.
NEITHER
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING,
NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS
THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS
OR EXPECTATIONS.
COMPANY
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
20.
Limitation of Liability
EXCEPT
AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY,
WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR
PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY
VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR
REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE
PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
21.
Termination
We
may terminate or suspend your account and bar access to Service immediately,
without prior notice or liability, under our sole discretion, for any reason
whatsoever and without limitation, including but not limited to a breach of
Terms.
If
you wish to terminate your account, you may simply discontinue using the Service.
All
provisions of Terms that by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity, and limitations of liability.
22.
Governing Law
These
Terms shall be governed and construed by the laws of Nagpur, Maharashtra India,
which governing law applies to an agreement without regard to its conflict of
law provisions.
Our
failure to enforce any right or provision of these Terms will not be considered
a waiver of those rights. If any provision of these Terms is held to be invalid
or unenforceable by a court, the remaining provisions of these Terms will
remain in effect. These Terms constitute the entire agreement between us
regarding our Service and supersede and replace any prior agreements we might
have had between us regarding Service.
23.
Changes to Service
We
reserve the right to withdraw or amend our Service, and any service or material
we provide via Service, in our sole discretion without notice. We will not be
liable if for any reason all or any part of the Service is unavailable at any
time or for any period. From time to time, we may restrict access to some parts
of the Service, or the entire Service, to users, including registered users.
24.
Amendments to Terms
We
may amend the Terms at any time by posting the amended terms on this site. It
is your responsibility to review these Terms periodically.
Your
continued use of the Platform following the posting of revised Terms means that
you accept and agree to the changes. You are expected to check this page
frequently so you are aware of any changes, as they are binding on you.
By
continuing to access or use our Service after any revisions become effective,
you agree to be bound by the revised terms. If you do not agree to the new
terms, you are no longer authorized to use Service.
25.
Waiver and Severability
No
waiver by the Company of any term or condition outlined in Terms shall be deemed
a further or continuing waiver of such term or condition or a waiver of any
other term or condition, and any failure of the Company to assert a right or
provision under Terms shall not constitute a waiver of such right or provision.
If
any provision of Terms is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of Terms will continue in full force and effect.
26.
Acknowledgement
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27.
Contact Us
Please
send your feedback, comments, and requests for technical support by email: at [email protected].
These Terms
of Service were created for https://aciwebsolution.com/ on Dt- 2023-01-01.