Welcome to the terms and conditions ("Terms") for iot.tatacommunications.com ("Website"). These Terms are between you and Tata Communications Limited and/or its affiliates ("Tata Communications" or "Us" or "Our") and govern Our respective rights and obligations. Please note that your use of the Website is also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the Website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a membership on this Website for enquiry or any other purpose, you accept these terms, conditions, limitations and requirements.
Please read these conditions carefully before using the Website. By using the Website, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future services from Tata Communications, you will also be subject to the terms, guidelines and conditions applicable to such services..
Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the user dashboard section of the Website. Website reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you. Information required may consist of details pertaining to the enterprise, contact person, industry of operations, nature of use case and installation / billing and other relevant address. The said information may be used for applying any discounts, promotions or offers to be provided to you by the sellers, manufacturers or as are available on the Website.
Privacy
Please review Our Privacy Policy available at https://www.tatacommunications.com/policies/privacy/, which also governs your visit to Website, to understand Our practices. The personal information / data provided to us by you during the course of usage of Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.
E-Platform
You agree, understand and acknowledge that the Website is an online platform that enables you to enquire or purchase products listed on the Website. The price provided on the Website is only indicative in nature and may change based on actual service and implementation requirements. The final price will be indicated to you by the relevant partner upon careful evaluation of the solution and feasibility requirements. You further agree and acknowledge that Tata Communications is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the Website shall be strictly a bipartite contract between you and the authorized seller/implementation partner.
Access to Website
Please review Our Terms of Use available at https://www.tatacommunications.com/policies/terms-of-use/, which also governs your visit to Website, to understand Our practices. We will do Our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
License for Website access
Subject to your compliance with these Terms, We grant you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. All device images, collaterals and any other properties are owned by their respective manufacturers / vendors..
This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Website and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Our corporate names or trademarks without Our express written consent. Any unauthorised use terminates the permission or license granted by Us.
You may not use any Website logo or other proprietary graphic or trademark as part of the link without express written consent of Tata Communications Limited and / or its affiliates, as may be applicable.
Eligibility Criteria and Product information
i. Eligibility Criteria
By agreeing to these Terms, you confirm that:
ii. Product information
While We would take care when uploading or displaying any Product information, We will not be held responsible for any mistakes or omissions. Upon receipt of any intimation regarding changes, updates or modifications to the Product Information or intimation to correct errors found in the Product Information, Tata Communications will make best efforts to address this within a reasonable time.
Pricing Policy & Availability & Coupon Code
Pricing specified on the Website for various products are indicative only and only refers to the standard solution and standard installation which may differ from product to product and installation to installation. Additional pricing will be charged in case of and depending on scope and degree of deviation from a standard product. Various charges including but not limited to delivery and installation, customization, solutioning charges, applicable taxes etc. may be charged extra. These charges will be included in the final invoice provided to you by Our authorized seller/implementation partner. Final pricing of the Product shall be conveyed on the order confirmation by Our authorized seller/implementation partner. Prices are shown in INR (currency).
Availability
Tata Communications or any of its representatives or authorized seller/implementation partner shall contact you and inform the status of the order, availability of the inventory and estimated turnaround time for the order.
We reserve the right to refuse any order you place with Us. We may, in Our sole discretion, limit, cancel the quantities purchased. These restrictions may include orders placed by or under the same Account, or orders that use the same payment mechanism such as same credit cards, or same billing address. In the event that we make an attempt to revise or revoke the order, we may attempt to notify you by contacting on the communication details provided to us at the time the order was made.
Coupons/ Promotions & Promo codes :If declared on the Website, discounts are provided basis the coupon codes shared with you and partners from time to time.
Following terms are applicable for the coupon codes:
Your Conduct
You must not use the Website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Website, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
Reviews, comments, communications and other content
Users of this Website may provide feedback to Tata Communications through testimonials, comments and feedback. Tata Communications reserves the right, at its sole discretion, to use such feedback and comments provided to Tata Communications in any manner including publish it on the Website, with or without attribution or identifying the submitter / user. Further, Tata Communications reserves the right to use such testimonials, feedback and comments in any manner, as is or with modifications, in any medium or mode, in connection with the Website, products and services.
By your access and use of this Website it is hereby clarified that you are not granted any rights with respect to the trademarks and other intellectual property rights of Tata Communications in any manner whatsoever; all intellectual property rights in the trademarks and the entire Website / platform is reserved by Tata Communications; and you agree and acknowledge the same.
Any proposed use of the trademarks or intellectual property rights of Tata Communications should be only with the prior written approval of Tata Communications and in compliance with the brand usage guidelines and other terms of use as maybe prescribed from time to time.
Copyright, authors' rights and database rights
All content included on the Website, such as the user interface and look and feel of the entire platform, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and any compilation thereof, underlying technology, logic and algorithms, is the property of Tata Communications Limited, its affiliates or its content suppliers and/or vendors and is protected by Indian and international laws including copyright, authors' rights, database rights and other intellectual property rights.
You may not systematically extract/ or re-utilise parts of the contents of the Website without Tata Communications Limited and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Tata Communications Limited and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this Website without Tata Communications Limited and / or its affiliate's (as may be applicable) express written consent.
Tata Communications reserves the right to take down the any content without prior notice for any reason whatsoever. Further, in the event that Tata Communications receives any take down notice or intellectual property infringement claim, Tata Communications shall take immediate steps to take down such Content.
Disclaimer
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and Our implementation partner, the sellers or manufacturers of the products. We do not guarantee, represent or warrant that your use of the products or any services will be un-interrupted, timely, secure or error-free. We do not warrant that results from use of services will be accurate or reliable. You expressly agree that your use of or inability to use the product or services purchased through the Website is at your sole risk. The products, and services sold through the Website, and the Website are (except as expressly stated by us) provided "as is" and "as available" for your use, without representation, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information or cancel orders if any information on the Website is inaccurate and without prior notice. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website. At no time shall any right, title or interest in the products sold through or displayed on the Website vest with Tata Communications nor shall Tata Communications have any obligations or liabilities in respect of any transactions on the Website. We undertake no obligation to update, amend, or clarify information on the Website, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified and updated.
Indemnity and Release
You shall indemnify and hold harmless Tata Communications Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Term or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Tata Communications Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and/or implementation partners and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Modifying and Terminating the Services; Terminating Accounts
a. We are constantly innovating, changing and improving the Website. We may, without notice, add or remove functionalities or features, create new limits to the Website, or temporarily or permanently suspend or stop the Website.
b. You can stop using the Website at any time.
c. We may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Website at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.
d. Subject to any statutory rights you might have, if your account is terminated, access to your username, password, and all related information, files, and content associated with your account may be terminated and your username may be recycled for use by others.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT TC AND /OR ITS AFFLIATES WILL NOT BE LIABLE FOR: ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR PRODUCTS PURCHASED THROUGH THE WEBSITE OR ANY OTHER SERVICES. TC AND /OR ITS AFFLIATES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR ANY OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE WEBSITE; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH ADVERTISERS. TC AND /OR ITS AFFLIATES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT TC AND /OR ITS AFFLIATES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.
Other Businesses
Parties other than Tata Communications Limited and its affiliates may operate stores, provide services, or sell product lines on Website. For example, businesses and individuals offer products via Marketplace. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Tata Communications Limited does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
Communications
When you visit the Website, you are communicating with Us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from Us with respect to your use of the Website and/or your order placed on the Website.
Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.
Alteration of Service or Amendments to the Terms
We reserve the right to make changes to Our Website, policies, and these Terms at any time. You will be subject to the policies and these Terms in force at the time that you use the Website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use Our rights and remedies in any other situation where you breach these conditions. These Terms including the terms and conditions and the links provided herein to the other conditions including but not limited to Privacy Policy etc. constitutes the entire agreement between you and Tata Communications, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms). If any provision of these Terms is held by a court 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 the Terms will continue in full force and effect.
Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
Sanctions and Export Policy
You may not use any TC Websites or Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using TC Websites or Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.
Feedback & Comments
Any opinions left on the Website by Tata Communications' customers are screened and moderated by Tata Communications. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary...), Tata Communications reserves the right to refuse or modify it.
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