The website named www.technovission.com (hereinafter referred to as “Technovission/ Website”) is owned by Technovission (DBA), a Omnigon Ventures LLC incorporated under with its registered office at Houston, Texas. (hereinafter referred to as “the Company”).
In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.
SERVICES OF TECHNOVISSION
- “We”, “us”, “our”, “the Company” shall refer to Technovission (DBA) (owner of TECHNOVISSION), its employees, authorised agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf;
- “the Website” means www.technovission.com (“we”, “us”, “Technovission”) a web-based Website and/or associated mobile Applications, and includes all technologies and intellectual property associated to the same;
- “You” or “User” shall mean any natural or legal person who has agreed to avail the services provided by the Website;
Security Solution Consulting, Security Solutions Architect, Video Surveillance As A Service (VSaaS), Network Surveillance As A Service (NSaaS), Video Monitoring, smartsecurity, video analytics, CCTV Monitoring, Device Management, Vulnerability Management, Risk Management, Monitoring Services, Design, Installation, CCTV Hardware Intigration “Service”.
User(s) means any individual, who uses and has the right to use the Services provided by Technovission. The Services provided by Technovission is a technology based service which enables you to _______________.Our Services are available only to those individuals who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.
Technovission advises its users that while accessing the Website, they must follow/abide by the related laws. Technovission is not responsible for the possible consequences caused by your behaviour during use of the Website. Technovission may, in its sole discretion, refuse the service to anyone at any time
This agreement applies to user(s) if user(s) are visitors, registered – free or paid user(s) who access the website for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this website solely for their own personal or internal purposes.
This agreement applies to all the Services offered on the website, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
This Agreement shall continue to be in full force and effect as long as you access and use the Website.
Either You or We may terminate the agreement at any time, with or without cause. However, We reserve the right, in our sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
We or our affiliates responsible for making the software available, may design the Website in such a manner as to automatically check for updates. Unless your device or any settings do not permit automatic transmission, upgrades or updates, you agree that we, or the applicable software affiliate, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
You warrant, undertake and guarantee to us:
- You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to us.
- In places where this Website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.
- You shall not impersonate any other party, create or use an account for anyone other than yourself, provide an email address other than your own or create multiple accounts except as otherwise authorized by us, or provide or use false information that you are not legally entitled to claim.
- Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women”;
- Post any file that infringes the copyright, patent or trademark of other legal entities.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Website, or any other customer of the Website, including any Website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked apps;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside United States of America;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threatens the unity, integrity, defence, security or sovereignty of United States of America, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside United States of America;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
You shall also undertake not to seek to by-pass, compete, avoid or circumvent the Website by utilizing any information or by otherwise exploiting or deriving any benefit from the said information.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user usage, and/or refuse to provide user with access to the Website.
INDEMNITY AND LIMITATIONS
- If the User is in breach any of the terms and conditions of this Agreement;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other users or to us.
You agree to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
In no event shall we be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, services or materials..
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
INTELLECTUAL PROPERTY RIGHTS
DISLAIMER OF WARRANTIES AND LIABILITIES
- Unless we have otherwise agreed, nothing herein gives the user a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are a property of the Company. Furthermore, with respect to the Website created by the company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
- You may not use any of our intellectual property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us in any way.
- You further acknowledge that the Website or Services may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent.
- We do not warrant or represent that your use of any content or materials displayed on the Website will not infringe rights of third parties not affiliated with us. You agree to immediately notify us upon becoming aware of any claim that any content on the Website or any Services infringe upon any intellectual property of any party including but not limited to copyright, trademark, or other contractual, statutory, or common law rights.
- Except as otherwise expressly stated with respect to our products, all contents of the Website are offered on an “as is” basis without any warranty whatsoever either express or implied.
- All the content on this Website is for informational purposes only.
- We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
- You agree and undertake that you are accessing the Website and transacting at Your sole risk and are that You are using your best and prudent judgment before accessing or using any information on the Website.
- The Website and the Company accept no liability for any errors or omissions, whether on behalf of itself or third parties.
- We do not guarantee the functions contained in the Website will be uninterrupted or error-free, that this Website or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
- Any pictures of these products or any trademarks, copyright, design or other intellectual property that may be displayed on the Website is purely for the purpose of providing information to our users. We do not claim to manufacture, sell or make available any of the products displayed.
- Unless stated otherwise, all content, including any pictures displayed on the Website are believed to be in the public domain as either promotional materials, publicity photos or press media stock. Please email a request to remove any content by sending an email to firstname.lastname@example.org, if you feel that your copyright or other intellectual property right has been infringed upon.
Any site linked from the Website is not under Company’s control, and the Company does not assume and expressly disclaims any and all responsibility or liability for any communication, software, or material available at such linked sites. Links on the Website are not referrals or endorsements of the linked entities, and such links are provided for convenience and/or information purposes only. If User decides to access any of the third-party websites linked to the Website, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites. Company disclaims any and all liabilities for any representations or warranties made by the individuals and/or entities of such linked sites.
DISPUTE RESOLUTION AND JURISDICTION
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Mediation – In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole mediator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The parties in good faith will attempt to bind by the decision.
- Arbitration – In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by the Company. The arbitration shall take place at Houstan, Texas, USA and shall be conducted in English. The award as the outcome of the arbitration is final and binding on both parties.
In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Texas, USA.
LIMITATION OF LIABILITY
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
The information contained in this Website is for general information purposes only. The information is provided by Technovission and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.
Every effort is made to keep the portal up and running smoothly. However, Technovission takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.