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TERMS OF USE
Welcome to PRAZACT.COM ! You should carefully read the following service agreement of Terms and Conditions of Use (“Agreement”) before using the PRAZACT.COM website (“Site”) and our services (“Services”).
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT. ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
1. BINDING EFFECT: This is a legally binding agreement. By using the Site or any Services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Prazact.com (“Company”) from time to time in its sole discretion and without specific notice to you. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
2. PRIVACY POLICY: Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found at http://www.Prazact.com/privacy-policy.html Company’s privacy policy is expressly incorporated into this Agreement by this reference.
3. USER INFORMATION: In order to use or access certain features of the Site or Service, you may be asked to complete the registration process by providing the complete and accurate information requested on the registration form. This information may include your name and email address. You may also be asked to provide a user name and password. The User is solely responsible for maintaining confidentiality of the User password and user identification and all activities and transmission performed by the User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and Prazact assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. CONSENT TO RECEIVE EMAIL: If you sign up for any Company newsletter or course offering, or if you purchase any Company product or service, you hereby consent to receive periodic email communications from Company regarding customer service issues, new product offers and other matters.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS: When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You hereby agree not to download, display, transmit or otherwise distribute any information or content (collectively, “Content”) contained on the Site or Service, except where expressly given permission to do so by Company. At all times, you agree to abide by laws regarding trademark and copyright ownership, and use of other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of Company or third party rights caused by any Content you download, display, transmit or otherwise distribute in connection with your use of the Site or Service. The burden of proving that use of such Content does not violate any laws or intellectual property rights rests solely with you.
6. COPYRIGHT INFRINGEMENT: Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Prazact.com
B1-3A, Villa Duta Condo, Jalan Mulia 2/1,
Bukit Antarabangsa,
Ampang - 68000, Kuala Lumpur,
Tel.: +60-341088151 , Fax: +60-341068151
Email: team@prazact.com
7. ALLEGED VIOLATIONS: Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
8. ACKOWLEDGMENTS: By using the Site, you make the following acknowledgments with regard to the services and information provided therein: (a) Company has no knowledge about your unique personal situation regarding the subject matter contained on the Site; (b) any information or advice provided to you on the Site contains no guarantees regarding factual accuracy, and Company expressly represents that such information and advice is the product of research and speculation to be relied upon at your own risk; and (c) you are solely responsible for any decisions or actions made on the basis of any information or advice contained on the Site.
9. NO WARRANTIES: COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT GIVE ANY WARRANTY THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
10. LIMITED LIABILITY: COMPANY’S LIABILITY TO YOU IS LIMITED. The site is a public site with free access and it assumes no liability for the quality and genuineness of responses. Prazact.com cannot monitor the responses that a person may receive in response to information he/she has displayed on the site. The individual/company would have to conduct its own background checks on the bonafide nature of all response(s). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY FOR OUR SERVICES OVER THE COURSE OF YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. AFFILIATED SITES: Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Unless expressly provided otherwise, your use of partner and affiliate Internet websites and content shall at all times be subject to the terms and conditions of use contained on those sites.
12. PROHIBITED USES: Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
13. COPYRIGHT: All contents of Site or Service are: Copyright © 2008 Prazact.com, 105, 1st Floor, Prabhat Center Annexe, Sector - 1A, CBD Belapur, Navi Mumbai - 400 614, MS India. All rights reserved.
14. OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, and PUBLISH CONTENTS OF THIS WEBSITE: The site and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors, viewers, subscribers, members, affiliates, or customers have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
15. INDEMNITY: You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. ARBITRATION: Any and all legal proceedings arising out of or in connection with this Agreement shall be submitted to binding arbitration in accordance with the Laws of India. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of all costs and expenses associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof.
17. SEVERABILITY; WAIVER: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these ‘’Terms of Use’’ to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. No waiver of any breach of any provision of these “Terms of Use” shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions thereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. NO LICENSE: Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
19. FORCE MAJEURE: Prazact.com shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
20. MODIFICATIONS: Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
21. DISCLAIMER FOR CONTENTS OF SITE: The website disclaims any responsibility for the accuracy of the content of this website. Visitors should assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
22. DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS: VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS. The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
23. DISCLAIMER FOR HARM CAUSED BY DOWNLOADS: Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
24. ACKNOWLEDGEMENT: BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Note: The terms in this agreement may be changed by Prazact.com at any time. Prazact is free to offer its services to any client/prospective client without restriction. |
