Terms & Conditions
OF USE OF WEBSITE OF TOGGLENOW
The domain name ToggleNow.com (hereinafter referred to as “Website”) is owned by Mr. Raghu Boddu M/S ToggleNow Software Solutions Private Limited. ToggleNow provides its services to you subject to the notices, terms, and conditions outlined in this agreement (hereinafter referred to as the “Terms”). By using the Website, you are agreeing to comply with and be bound by the following Terms of Use. Please read the following Terms carefully. If you disagree with these Terms, please do not use our Website.
For these terms of use, wherever the context so requires “you”, “yourself”, “client” or “user” or similar terminology are all in use about the individual user of this Website. The terms “we”, “us”, “our”, and “ours” shall refer to ToggleNow Software Solutions Private Limited.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our Website. This document constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings concerning the Website. The content, products or services provided by or through the Website, is subject matter of this Agreement. This Agreement may be amended by us at our discretion. The latest Agreement will be posted on the Website, and you must view the agreement before browsing the site. Once you view and browse our Website, it is deemed to consider that you have read and agreed to this document by default.
2. Intellectual Property; Limited License to Users
The Materials and Services on this Website, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, ToggleNow Software Solutions Private Limited., and its suppliers do not grant any express or implied rights to use the Materials and Services. By browsing our Website, you, by default, agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sub-license, reverse engineer, or create derivative works based on the Website, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.
3. Copyright
The content, organization, graphics, design, audio, animation, video, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
4. Trademarks
The trademarks, logos, and service marks (“Marks”) displayed on this Website are the property of ToggleNow Software Solutions Pvt Ltd, or other third parties. You are not permitted to use the Marks without the prior written consent of ToggleNow Software Solutions Pvt Ltd., or such third party that may own the Marks. Macromedia™, Adobe™, Adobe™ FrameMaker™ are registered trademarks of Adobe, Inc. Similarly SAP, SAP Netweaver, GRC, SAP GRC, SAP Business One, SAP Business by Design, SAP Data Services, SAP Business Objects, SAP HANA and other relevant logos are registered trademarks of SAP AG in the United States and/or other countries. All other trademarks and registered trademarks are the property of their respective owners.
5. Patents
Certain technologies of ToggleNow Software Solutions Pvt Ltd., included in the Software are patented.
6. Use of Software
The software and accompanying documentation that is made available to download from this Website is the copyrighted and/or patented work of ToggleNow Software Solutions Private Limited and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Additionally, an End User License Agreement (EULA) will be mailed to you for acceptance by the proposed licensee before the installation of the Software. Such terms are available for acceptance or rejection and if accepted are incorporated herein by this reference. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. In case of non-availability of the license agreement that usually accompanies the software, then the use will be governed by the Terms and conditions of this Agreement. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.
7. Limited Right to Use
The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). ToggleNow Software Solutions Pvt Ltd. reserves the right to revoke the authorization to view, download, and print the ToggleNow Software Solutions Pvt Ltd content and user content available on this Website at any time for any misuse. Any such misuse shall be discontinued immediately upon notice from ToggleNow Software Solutions Pvt Ltd or otherwise. The rights granted to you constitute a license and not a transfer of title.
8. Editing, Deleting, and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
9. Indemnification
You agree to indemnify, defend, and hold us and our partners, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or violation of terms of use of the Website.
10. Nontransferable
Your right to use the Website is not transferable. Any password or right given to you to obtain information or documents is not transferable.
11. Disclaimer and Limits
THE INFORMATION FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE OUR WEBSITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES, DATA, AND/OR SOFTWARE.
12. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.
13. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
14. Links to other Websites
The Website may contain links to other Websites. We are not responsible for the content, accuracy, or opinions expressed in such Websites, and such Websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.
15. Information and Press Releases
The Website contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
16. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Hyderabad, India, and shall be governed by and construed by the relevant laws of the State and Central (India) (without regard to conflict of law principles). Any cause of action by you concerning the Website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations outlined in Section 8 and Section 10 of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the Jurisdiction of India. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.