TERMS OF SERVICE AGREEMENT
LAST REVISION: [1 st August 2021]
This Terms of Service Agreement is an electronic record in terms of Information
Technology Act, 2000 (“Act”) and rules thereunder as applicable and the
amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology (Amendment) Act, 2019. This
agreement is generated by a computer system and does not require any physical
or digital signatures.
This agreement is published in accordance with the provisions of Rule 4 (1) of
the Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules, 2011 that require publishing the
rules and regulations, privacy policy and terms and conditions for access and/or
usage of www.virtuosoconsult.com (“Website”).
In these terms and conditions of use (“Terms of Use”), the following terms shall
have the meaning as ascribed to them below:
“User” refers to you, the person visiting, accessing and/or using the Website by
means of any communication device.
“Virtuoso Consulting” refers to Virtuoso Offshore IT and Management Services
India Pvt. Ltd., a company incorporated under the relevant of the Companies Act,
2013, bearing CIN U72300DL2014PTC272695 and having its registered office
address at A-269, Prashant Vihar, Sector-14, Rohini, New Delhi – 110084, India,
which is the owner of all rights in this Website.
All references to “You” and “Your” shall mean the User. All references to
“Virtuoso Consulting” “Company”, “We”, “Us” and “Our” shall mean Virtuoso
Offshore IT and Management Services India Pvt. Ltd.
This is a legal and binding agreement between you i.e. the User of the Website
and the Company and states the terms that govern your use of the Website. By
accessing this Website, you consent, agree and undertake to abide, be bound by
and adhere to the Terms of Use.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY
USING 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.virtuosoconsult.com (the “Website”) of Virtuoso Consulting
(“Business Name”). This Agreement includes, and incorporates by this reference,
the policies and guidelines referenced below. The Company reserves the right to
change or revise the terms and conditions of this Agreement at any time by
posting any changes or a revised Agreement on this Website. The Company will
alert you that changes or revisions have been made by indicating on the top of
this Agreement the date it was last revised. The changed or revised Agreement
will be effective immediately after it is posted on this Website. Your use of the
Website, following the posting of any such changes or of a revised Agreement
will constitute your acceptance of any such changes or revisions. Virtuoso
Consulting encourages you to review this Agreement whenever you visit the
Website to make sure that you understand the terms and conditions governing
use of the Website. This Agreement does not alter in any way the terms or
conditions of any other written agreement you may have with the Company for
other products or services. If you do not agree to this Agreement (including any
referenced policies or guidelines), please immediately terminate your use of the
Website. If you would like to print this Agreement, please click the print button on
your browser toolbar.
I. WEBSITE
Content; Intellectual Property; Third Party Links. This Website also offers
information, both directly and through indirect links to third-party websites, about
products and services of the Company. To the extent that the Company does
create the content on this Website, such content is protected by intellectual
property laws of India, foreign nations, and international bodies. Unauthorized
use of the material may violate copyright, trademark, and/or other laws. You
acknowledge that your use of the content on this Website is for personal, non-
commercial use. Any links to third-party websites are provided solely as a
convenience to you. The Company does not endorse the contents on any such
third-party websites. The Company is not responsible for the content of or any
damage that may result from your access to or reliance on these third-party
websites. If you link to third-party websites, you do so at your own risk.
Use of Website; the Company is not responsible for any damages resulting from
use of this website by anyone. You will not use the Website for illegal purposes.
You will (1) abide by all applicable local, state, national, and international laws
and regulations in your use of the Website (including laws regarding intellectual
property), (2) not interfere with or disrupt the use and enjoyment of the Website
by other users, (3) not resell material on the Website, (4) not engage, directly or
indirectly, in transmission of “spam”, chain letters, junk mail or any other type of
unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-
transferable right to use the content and materials on the Website in connection
with your normal, non-commercial, use of the Website. You may not copy,
reproduce, transmit, distribute, or create derivative works of such content or
information without prior express written authorization from the Company or the
applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you
hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy, display, perform, create derivative
works from, distribute, have distributed, transmit and assign such content in any
form, in all media now known or hereinafter created, anywhere in the world.
II. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE. THE COMPANY EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES NON-
INFRINGEMENT WITH RESPECT TO THE WEBSITE CONTENT, OR ANY
RELIANCE UPON OR USE OF THE WEBSITE CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
COMPANY MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE,
RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION
THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
III. LIMITATION OF LIABILITY
THE COMPANY’S BEARS NO LIABILITY WITH RESPECT TO THE WEBSITE
CONTENT AND/OR FOR ANY BREACH OF THIS AGREEMENT.
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT IN ANY MANNER, INCLUDING LIABILITIES
RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE
CONTENT; or (2) ANY LOST PROFITS YOU ALLEGE.
IV. INDEMNIFICATION
You will release, indemnify, defend and hold harmless the Company and its
subsidiaries, and any of its contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from all liabilities, claims, damages, costs
and expenses, including reasonable attorneys’ fees and expenses, of third
parties relating to or arising out of (1) this Agreement or the breach of your
warranties, representations and obligations under this Agreement; (2) the
Website content or your use of the Website content; (3) any intellectual property
or other proprietary right of any person or entity; (4) your violation of any
provision of this Agreement; or (5) any information or data you supplied to the
Company. When the Company is threatened with suit or sued by a third party,
the Company may seek written assurances from you concerning your promise to
indemnify the Company; your failure to provide such assurances may be
considered by the Company to be a material breach of this Agreement. The
Company will have the right to participate in any defense by you of a third-party
claim related to your use of any of the Website content, with counsel of the
Company’s choice at its expense. The Company will reasonably cooperate in any
defense by you of a third-party claim at your request and expense. You will have
sole responsibility to defend the Company against any claim, but you must
receive the Company prior written consent regarding any related settlement. The
terms of this provision will survive any termination or cancellation of this
Agreement or your use of the Website.
V. PRIVACY
The Company believes strongly in protecting user privacy and providing you with
notice of Virtuoso Consulting’s use of data. Please refer to Virtuoso Consulting
Privacy Policy, incorporated by reference herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website you acknowledge that you have read and agree to be
bound by this Agreement and all terms and conditions on this Website.
VII. GENERAL
Force Majeure. the Company will not be deemed in default hereunder or held
responsible for any cessation, interruption or delay in the performance of its
obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act
of God, spread of any epidemic, pandemic, viruses or fungus, war, terrorism,
armed conflict, labor strike, lockout, or boycott or lockdowns imposed by Central
or State Government(s) or any other Government Authority.
Cessation of Operation. the Company may at any time, in its sole discretion and
without advance notice to you, cease operation of the Website.
Entire Agreement. This Agreement comprises the entire agreement between you
and the Company and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver. The failure of the Company to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from New Delhi, India. This
Agreement will be governed by the laws of India without regard to its conflict of
law principles to the contrary. Neither you nor the Company will commence or
prosecute any suit, proceeding or claim to enforce the provisions of this
Agreement, to recover damages for breach of or default of this Agreement, or
otherwise arising under or by reason of this Agreement, other than in courts
located in Delhi, India. By using this Website, you consent to the jurisdiction and
venue of such courts in connection with any action, suit, proceeding or claim
arising under or by reason of this Agreement. You hereby waive any right to trial
by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Website or this Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU
HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN
CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR
SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING
TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED
INDIVIDUALLY.
Termination. The Company reserves the right to terminate your access to the
Website if it reasonably believes, in its sole discretion, that you have breached
any of the terms and conditions of this Agreement. Following termination, you will
not be permitted to use the Website and the Company may, in its sole discretion
and without advance notice to you. If your access to the Website is terminated,
the Company reserves the right to exercise whatever means it deems necessary
to prevent unauthorized access of the Website. This Agreement will survive
indefinitely unless and until the Company chooses, in its sole discretion and
without advance to you, to terminate it.
Domestic Use. The Company makes no representation that the Website is
appropriate or available for use in locations outside India. Users who access the
Website from outside India do so at their own risk and initiative and must bear all
responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this
Agreement to anyone. The Company may assign its rights and obligations under
this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT.