TERMS OF USES UPDATED DATE: AUGUST 2022
SCOPE
This document ("Terms of Use") is an agreement
between you (hereinafter be referred to as "You",
"Your", "user", as applicable) and Elena Geo Systems
(hereafter referred to as “Elena", "we", "us" or "our")
that describes and governs the terms of use which you
may use/browse the Elena products, services and
software, hardware (collectively referred to as
"Services") offered on the websites and web pages or
apps owned and operated by Elena (collectively, the
Elena Sites and Apps) including but not limited to the
internet domains
www.elenageosystems.com, Elena
IVTS app and Elena SBMS app
You acknowledge and agree that by browsing or using
the services offered by Elena Geo Systems, you have
agreed to be bound by these terms of use and any
additional terms that may apply
Please note that Elena Geo Systems reserves the right
to revise these site terms of use at any time by posting
an update to this page. Your continued use of the
Elena Sites or Services following the posting of changes
to these Terms of use will mean you accept those
changes. If you do not agree with any of the Terms of
Use, you must not continue to use the Site. Elena
reserves the right, in its sole discretion, to determine if
you have violated these site Terms of use, and to take
any action it deems appropriate. You acknowledge that
Elena shall have the right to terminate your access to
the Elena sites or services for violations of any of these
rules, including repeat infringement of copyrights.
ACCESSING THE SITE
It is your responsibility to ensure that you have made
all necessary arrangements in order to access the Site
or services. We shall not be responsible for any
telephone bills, Internet charges or any other costs
incurred by you in order to access the site.
You are responsible for ensuring that all persons who
access the site or services through your Internet
connection are aware of these Terms of Use and the
other applicable terms and conditions/policies
mentioned, and comply with them.
By using the site, you represent and warrant that:
You are at least 18 years old, and you have the lawful
authority and capacity to contract and be bound by
these Terms of Use
If you are accepting these Terms of Use on behalf of a
company, limited liability partnership or other legal
entity, you have the authority to bind such entity to
these terms and, in such event, "you " and "your" as
used in these terms shall refer to such entity; and
You will comply with all applicable laws and
regulations. These terms are subject to change at any
time without notice. To make sure you are aware of
any changes, please review these terms periodically.
Continued use of the Site or Services after any such
changes shall constitute your consent to such
changes.
USE OF SERVICES/SITE
You may only access the Site or Services using
authorized and lawful means;
Elena shall not be liable for any failure or default to
provide access to the site or services on account of any
failure or delay by you to register with the Site or
services for such access or due to any other reasons
whatsoever,.
Any configuration or set up of the devices for access to
the Site and the Services shall be your sole
responsibility.
The Company collects, stores, processes and uses your
information in accordance with Company's Privacy
Policy and Disclaimer available in Privacy Policy.
By using the site and services or by providing your
personal information (as defined in the Privacy Policy
and Disclaimer).
You will not take any action that interferes with,
degrades or adversely affects the Company and/or the
Services and/or the Site;
You will not use the Site or services in a manner
- That is prohibited by any law or regulation, or
facilitates the violation of any law or regulation. Or
- Will disrupt a third parties' similar use;
- Violate or tamper with the security of the site
That is prohibited by any law or regulation, or
facilitates the violation of any law or regulation; or
You will not use the site or services, or any portion
thereof, to transmit, publish, post, upload, distribute
or disseminate any inappropriate, harassing, abusive,
defamatory, libelous, obscene, illegal or deceptive
content
You will not attempt to gain unauthorized access to
any information connected to the site/services,
including but not limited to, names, addresses, phone
numbers, or email addresses, copying copyrighted text,
through hacking, or any other means, or obtain or
attempt to obtain any materials or information through
any means not intentionally made available to you.
You shall be solely responsible for procuring and
maintaining your network connections and
telecommunications links, and all problems,
conditions, delays, delivery failures and all other loss
or damage arising from or relating to Your network
connections or telecommunications links or caused by
the internet.
INTELLECTUAL PROPERTY RIGHTS
All content and services on the Elena Sites and
Services including, but not limited to, trademarks and
logos, designs, text, graphics, sounds, images,
software, hardware and other website materials (the
"Materials") are the intellectual property of Elena Geo
Systems and protected throughout the world.
You may print reasonable copies of any page(s) from
the site for your own personal use and you may draw
the attention of other users within your organization to
content posted on the Site.
In the event you wish to make use of any of the content
on the Site other than as expressly permitted above,
Please contact
info@elenageosystems.com for
permission prior to any such use.
INDEMNIFICATION
By accepting these Terms of Use and using the Sites
and availing the Services, you agree that you shall
defend, indemnify and hold Elena Geo Systems and its
directors, employees, shareholders, officers and other
representatives harmless from and against any and all
claims, costs, damages, losses, liabilities and expenses
(including attorneys' fees and costs) arising out of or in
connection with:
Your violation or breach of these Terms of Use or any
applicable law or regulation;
Any loss or injury to the Company's representatives
resulting from or attributable to your acts or omissions
Misuse of the Site and/or the Service
Your violation of any rights of any third party; or any
and all third-party claims based upon
• The content of any communications transmitted by
you; and/or
• Transactions undertaken by you.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we provide
the Services without warranties, guarantees or
representations.
We assume no responsibility and shall not be liable for
any loss or damage, which may affect your computer
equipment or other equipment/property arising out of
Your use of the Services or access to or browsing of the
site.
Under no circumstances is Elena Geo Systems liable to
you for any damages whatsoever (including, without
limitation, incidental, reliance, or consequential, or
special damages whether or not foreseen, lost profits,
or damages resulting from lost data or business
interruption) on account of your use, misuse, or
reliance on the information services. This limitation of
liability shall apply to prevent recovery of direct,
indirect, incidental, consequential, special, exemplary,
or punitive damages arising from any claim relating to
this Terms of Use or the subject matter hereof, whether
such claim is based on warranty, contract, tort
(including negligence), or otherwise any other legal
theory even if Elena has been advised of the possibility
of such damages.
We explicitly disclaim any and all liability for any the
following: errors, mistakes or inaccuracies of the
content displayed on the Site or services. Personal
injury or property damage of any nature whatsoever,
resulting from our Services or for any alleged or actual
damages or loss of valuables: The acts or omissions of
our representatives performing services on our behalf
Any failure or delay in the site or Services
Any loss or damage arising out of your failure to
adhere to your obligations under the Terms of Use.
User content or the defamatory, offensive, or illegal
conduct of any third party with respect to any content
on the site or services
You agree not to use the site or services for any
commercial or business purposes, and acknowledge
that we have no liability to you for any loss of profit,
loss of business, business interruption or loss of
business opportunity.
You acknowledge and agree that the entire risk arising
out of your use if the site and availing of any services
remains solely with you
LINKING TO THE SITE/ SERVICES
You may link to our home page, provided that you do
so in a way that is fair and legal and does not damage
our reputation or take advantage of it.
You must not establish a link in any such way that
suggests a form of association, approval or
endorsement with or by Elena Geo Systems where
none exists..
You must not establish a link to the site in any website
that does not belong to you.
The site must not be framed on any other site, nor may
you create a link to any part of our site other than the
home page..
Elena has the right to withdraw linking permissions at
any time and without notice..
The website in which you are linking must comply with
these terms of use in all respects..
Should you wish to make use of any of the content on
the site or the services other than set out above or
report any complaint of abuse or misuse, please
contact: info@geosystem.com
DISCLAIMERS AND WARRANTIES
The Services are provided to you strictly on an "as is"
basis. Notwithstanding anything contained in these
Terms of Use, the Company does not warrant that the
Site:
- Will perform error-free or uninterrupted, or that the
Company will correct all or any errors or defects
- Will operate in combination with Your devices, or
with any other hardware, software, systems or data
not provided by the Company,
- Will meet your requirements, specifications or
expectations.
The company further acknowledges that the company
does not control the transfer of data over
communications facilities, including the internet, and
that the Site an may be subject to limitations, delays,
and other problems inherent in the use of such
communications facilities.
Your use of the Service includes the ability to enter
into agreements and/or to make transactions
electronically. You acknowledge that your electronic
submissions on the Site constitute Your agreement
and intent to be bound by this Terms of Use.
GENERAL
Use shall not be deemed a waiver of such provision nor
of the right to enforce such provision. Our rights under
these Terms of Use shall survive any discontinuance of
the access or use of the Site.
These Terms of Use together with the End User License
Agreement, Privacy Policy and Disclaimer published by
us on the Site/Services, shall constitute the entire
agreement between you and Elena concerning the
Site/Services.
If any provision of these Terms of Use is held to be
invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced
to the fullest extent under law.
The terms of the End User License Agreement as
available at here shall mutatis mutandis apply to this
Terms of Use.
APPLICABLE LAW
These Terms of Use, their subject matter and any noncontractual
disputes or claims are governed by the
Indian Laws and you agree to the non-exclusive
jurisdiction of the courts of India.
We reserve the right to seek injunctive, or any other
equitable relief, in any courts of competent jurisdiction
should We, in our sole opinion, consider this to be
necessary.
If you have questions or concerns regarding this
privacy policy, or would like to update information we
have about you or your preferences, please contact us
Email : info@elenageosystems.com
Phone : 080-23554555 | 9384864422
Fax No : +91 80 23554411
Corporate HQ
No 62/1, 1st Cross, 2nd Main,
Ganganagar,
Bangalore,
Karnataka, India, 560032