TERMS OF SERVICE AGREEMENT

Last Revision: 15/01/2019

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.

By using this Website or ordering products from this Website, you agree to be bound by all of the terms and conditions of this Agreement.

This Terms of Service Agreement (the “Agreement”) governs your use of this website, [www.skyblue-whale-372779.hostingersite.com] (the “Website”), operated by Electronics and Computer Software Export Promotion Council (ESC) (the “Business Name”). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.

ESC reserves the right to change or revise the terms of this Agreement at any time by posting updates on this Website. We will indicate the date of the last revision at the top of this page. Your continued use of the Website after changes are posted constitutes your acceptance of those changes.

If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately discontinue use of the Website.

I. PRODUCTS/SERVICES

1. Terms of Offer

This Website offers Export Promotion Services. By placing an order for such services through this Website, you agree to the terms set forth in this Agreement.

2. Customer Solicitation

Unless you notify our third-party call center reps or direct ESC sales representatives during calls of your intent to opt out, you agree to continue receiving future emails and calls from ESC or its designated in-house or third-party call team(s).

3. Opt-Out Procedure

You may opt out in any of the following ways:

• Click the “unsubscribe” link in any email you receive.

• Email your request to: esc@escindia.com

• Send a written request to:
  Electronics and Computer Software Export Promotion Council
  ESC House, 155 Okhla Industrial Estate – III, New Delhi 110020

4. Proprietary Rights

ESC holds proprietary rights and trade secrets in the services/products. You may not copy, reproduce, resell, or redistribute any product manufactured or distributed by ESC. All trademarks, trade dress, and layout/design elements on this Website are also owned by ESC.

5. Taxes

You are responsible for paying any applicable taxes on purchased products.

II. WEBSITE

1. Content; Intellectual Property; Third-Party Links

This Website provides information and marketing material. It may also include links to third-party websites. ESC is not responsible for content on third-party websites and does not endorse it.

Any original content on this Website is protected by Indian and international intellectual property laws. Your use of this Website is limited to personal, non-commercial use.

2. Use of Website

You agree not to:

1. Violate any applicable laws (including IP laws);

2. Interfere with others’ use of the Website;

3. Resell material/services from the Website;

4. Send spam, chain letters, or unsolicited communication;

5. Defame, harass, or abuse other users.

3. License

You are granted a limited, non-exclusive, non-transferable license to use the content on this Website for personal use. Reproduction, distribution, or creation of derivative works without ESC’s written consent is prohibited.

4. User-Generated Content

By posting content on the Website, you grant ESC a worldwide, royalty-free, perpetual license to use, distribute, and display that content.

ESC is not responsible for user-generated content. Interactions between users are your responsibility. ESC reserves the right, but not the obligation, to monitor user content and remove objectionable material.

III. DISCLAIMER OF WARRANTIES

Your use of the Website and products is at your sole risk. The Website and products are provided “as is” and “as available.”

ESC disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

ESC makes no warranties:

• Regarding the accuracy or reliability of Website content or third-party links;

• That advice obtained through the Website creates any warranty not expressly stated;

• That defects in products/services will be corrected.

Some jurisdictions do not allow exclusion of certain warranties, so these limitations may not apply to you.

IV. LIMITATION OF LIABILITY

ESC’s total liability, and your exclusive remedy, is limited to the amount you paid for products (excluding shipping and handling).

ESC shall not be liable for any:

1. Inability to use the Website or services;

2. Cost of substitute products or content;

3. Transactions made through the Website;

4. Loss of profits or data.

These limitations may not apply in jurisdictions that do not allow limitation of liability.

V. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ESC and its agents, employees, directors, contractors, and affiliates from any claims, losses, or expenses arising from:

1. Breach of this Agreement;

2. Use of Website content or services/products;

3. Violation of any third-party rights;

4. Submission of false information or data.

ESC may request written assurances from you in such cases. ESC may also participate in the defense, at its own expense.

You may not settle any third-party claim without prior written consent from ESC.

VI. PRIVACY

Please refer to ESC’s Privacy Policy, incorporated by reference, which can be found on the Website.

VII. AGREEMENT TO BE BOUND

By using this Website or ordering products, you confirm that you have read and agree to be bound by the terms and conditions of this Agreement.

VIII. GENERAL

1. Force Majeure

ESC is not liable for failure to perform due to events beyond its control, including natural disasters, war, terrorism, or labor disputes.

2. Cessation of Operation

ESC may cease operation of the Website or distribution of products/services at any time without prior notice.

3. Entire Agreement

This Agreement constitutes the full agreement between you and ESC, superseding prior agreements.

4. Effect of Waiver

Failure to enforce any provision does not constitute a waiver. If any part is found invalid, the remaining provisions remain effective.

5. Governing Law & Jurisdiction

This Agreement is governed by the laws of Delhi, India. All disputes shall be resolved in the courts of Delhi. You waive your right to a jury trial.

6. Statute of Limitations

Any claim must be filed within 1 year of the cause of action, or it is permanently barred.

7. Waiver of Class Action Rights

You waive the right to participate in class actions. All claims must be pursued individually.

8. Termination

ESC may terminate your access at its discretion. Upon termination, ESC may cancel any pending orders and block access to the Website.

9. Domestic Use

ESC makes no representation that the Website or products/services are appropriate outside India. Accessing from outside is at your own risk.

10. Assignment

You may not assign your rights under this Agreement. ESC may assign this Agreement without notice.

By using this Website or ordering products, you agree to be bound by all terms and conditions in this Agreement.