This Terms and Conditions Agreement (“Agreement”) by and between PMSOFT (“we”, “us”, “our” or “PMSOFT Consultancy PVT LTD”) and you (“you” , “your” or “User”) governs your use of the www.pmsoft.com web site (“Site”) together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as the “Services”).
The term “Interactive Services” refers to chat boards, blogs, virtual communities, and other interactive media made available by PMSOFT via the Site.
The term “PMSOFT Intellectual Property” refers to, all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by PMSOFT or licensed to PMSOFT by third parties. This includes but is not limited to PMSOFT Content and PMSOFT Trademarks.
The term “PMSOFT Content” refers to copyrighted content owned by PMSOFT or other copyrighted content owned by third-party partners of PMSOFT.
The term “Services” refers to all information, content, products, materials and services made Available to you by PMSOFT and/or affiliated third parties via the Site
The term “Site” refers to the website www.pmsoft.com, which is owned and operated by PMSOFT
The term “User Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted on or to the Interactive Services sections of the Site by Users.
The terms ”you”, “your” and/or ”user” refer to any individuals and/or entities accessing the Site for any reason.
OWNERSHIP AND USE OF PMSOFT INTELLECTUAL PROPERTY
Ownership and Use: PMSOFT Intellectual Property, which excludes the User Content you upload, post or otherwise transmit via Interactive Services (the “PMSOFT Intellectual Property”), is owned by PMSOFT or licensed to us by our third party partners. The PMSOFT Intellectual Property is the property of PMSOFT, and is protected by copyright and other intellectual property laws. PMSOFT Intellectual Property does include, however, any content developed and/or posted via the Interactive Services that has been created in whole or in part by PMSOFT. You have no rights in or to such PMSOFT Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any PMSOFT Intellectual Property, except as specifically permitted under this Agreement. Copying and distributing Content to third parties from the Service is forbidden. You acknowledge and agree that the PMSOFT Content is made available for informational and educational purposes only without representation or warranty of any kind and is not a substitute for legal advice or your professional judgment. Your reliance upon PMSOFT Content obtained by you on or through the Services is solely at your own risk. All rights not expressly granted in this Agreement are reserved to PMSOFT.
Reasonable Usage: Subscribers are limited to reasonable usage. This reasonable usage restriction is intended to protect PMSOFT’s intellectual property, not to restrict legitimate use of our website.
Permission to Use PMSOFT Content: You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of PMSOFT.
Trademarks: The PMSOFT Trademarks appearing on this site may not be used in any advertising or publicity, or otherwise to indicate PMSOFT’s sponsorship of or affiliation with any product or service, without PMSOFT’s prior express written permission. You are prohibited from using PMSOFT Trademarks or any names, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of PMSOFT. You agree you will not alter any PMSOFT trademark in any manner to make it appear that PMSOFT is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by PMSOFT.
Links to Third Party Sites: As a courtesy to users, we may provide links to other websites or resources owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we 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 use of or reliance on any such content, goods or services made available on or through any such site or resource.
License to PMSOFT: You hereby grant to PMSOFT a non-exclusive, worldwide, royalty-free, irrevocable perpetual license (with right to sublicense) to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content you submit via the Interactive Services by all means and in any media now known or hereafter developed, solely for the purposes for which such User Content was submitted. PMSOFT will not use this User Content for any purpose other than the purpose(s) for which it was submitted unless you agree to such use. You retain ownership of User Content you submit and PMSOFT does not obtain ownership in or to such User Content (or in the case of third-party owned User Content submitted by you with the owner’s permission, the third party retains ownership).
Monitoring: PMSOFT reserves the right to monitor your use of the Content to ensure compliance with this Agreement. If PMSOFT, in its discretion, determines you are not in compliance with this Agreement, PMSOFT reserves the right to take such action as it deems necessary, including, but not limited to:
- Assessing additional charges for users in excess of the number authorized;
- Suspension of the account; or
- Termination of the account
Such monitoring may include determining whether or not the Content is accessed under the account from multiple IP addresses, as well as noting excessive use or users. Systematic access or excessive extraction of content from the Service, including, without limitation, the use of “bots” or “spiders”, is prohibited. PMSOFT does not disclose any information regarding its proprietary monitoring methods or policies.
REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY
Accurate & Complete Information: In consideration of your use of the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the Site (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PMSOFT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PMSOFT has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site, or any portion thereof.
Password & Security: You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your authorization to allow another person to access and use the Services using your User IDs/passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns.
Course Fees and Purchases
Currency: PMSOFT will charge you fees in accordance with our subscription policies or as otherwise indicated for your purchase. Unless otherwise stated, all fees are in Indian Rupees or U.S. Dollars.
Refunds: PMSOFT does not issue refunds after emailing content or site access information (e.g., password information for a subscription).
Late Charges: PMSOFT assesses an additional 1.5% (or the highest amount allowed by law) per month late charge for amounts past due. That amount is due immediately. You will be responsible for any fees-including attorneys’ fees and collection fees-that PMSOFT may incur in the collection process.
Special Offers: PMSOFT may offer special purchasing terms, for example, without limitation, coupons, document suites, subscriptions, or site passes (collectively “Special Offers”). To be eligible for a Special Offer, a purchase must be effected through the applicable purchase mechanism. For example, a document suite must be purchased through the purchasing link specifically applicable to that document suite. If documents are purchased without using the applicable link for the Special Offer, the purchase will not be eligible for the terms of the Special Offer. PMSOFT does not refund the incremental difference between the price of a Special Offer and the normal price.
Substitutions: PMSOFT does not allow substitutions. All purchases are final. You should carefully examine previews, where available, before making any purchases.