A. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
C. The domain name www.spikeway.com (“Website”) are owned and operated by Spikeway Technologies Private Limited (“Company”) incorporated under the provisions of the Companies Act 2013, and having its registered office at #313, Panache Block, AdithyaSoigne Apartments, Sivananda Nagar, Near BEML Qtrs., New Thippasandra Post, Bangalore Karnataka India-560075, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
1. The term ‘You’ & ‘User”Customer’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
2. The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Company, as the context so requires.
3. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
E. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
G. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website/Application, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website/Application constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
H. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/Application following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website/Application.
INTELLECTUAL PROPERTY RIGHTS:
Unless Spikeway owns the lawful license of all the rights to the Website/Application and its contents, The Web site content means its images, graphics, design, layout, text, sound, video etc. All rights not otherwise claimed under this agreement or by www.Spikeway.com are hereby reserved.The information in this web site is intended to provide general information for the personal use of the reader, who accepts full responsibility for its use. Spikeway does not guarantee the accuracy or reliability of any information or the “content”) contained on it. In no event shall Spikeway be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any dependence upon any content shall be at their sole risk.Spikeway reserves the right to make improvements to, or correct any error or omissions in any portion of the Service or the Website/Application. Trademark All related icons and logos are registered trademarks or trademarks or service marks of Spikeway in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Copyright. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. The retrieval of Spikeway content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, Automatic devices or manual processes) without written permission from Spikeway is prohibited.
DISLAIMER OF WARRANTIES AND LIABILITIES:
A. Except as otherwise expressly stated on the website, all services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied.
B. The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
C. The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of service offered by Company or due to the failure of Company to provide Services to the User for any reason whatsoever including but not limited to the User’s non-compliance with the Services’ recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
D. The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website/Application will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website/Application does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website/Application by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website/Application, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
DISPUTE RESOLUTION AND JURISDICTION:
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
A. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
B. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore in the state of Karnataka, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD / SPAD).
A. Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
B. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, 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 such breach, or a waiver of any other breach of these Terms.
C. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
We make all efforts to keep the Website/Application up and running smoothly. However, The Company takes no responsibility for, and will not be liable for, the website/App being temporarily unavailable due to technical issues beyond our control.
The information contained in the Website is for general information purposes only. The information is provided by Spikeway and while We try to keep the information up to date and correct, we make no warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website/Application or the information, services, or related graphics contained on the Website/Application 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/Application.
Through this Website/Application you are able to link to other websites, which are not under the control of Spikeway. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.spikeway.com (“Website”) are owned and operated by Spikeway Technologies Private Limited (“Company”) incorporated under the provisions of the Companies Act 2013, and having its registered office at #313, Panache Block, AdithyaSoigne Apartments, Sivananda Nagar, Near BEML Qtrs., New Thippasandra Post, Bangalore Karnataka India-560075, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
This Website, including all Materials present (excluding any applicable third party materials), is the property of Spikeway and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in Your use of this Website and to prevent any unauthorized copying of the Materials. Spikeway does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.
Spikeway has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
This is to inform and clarify that individuals (including but not limited to employees of Spikeway and referred to as “Individuals” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of Spikeway, in the form of “blogs”, as such term is generally understood. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity, and may not represent official positions of Spikeway in any manner. Spikeway retains all copyright to these blogs.
You may be permitted to post comments and feedback to these blogs. By doing so, You expressly agree and acknowledge to abide by the following:
You shall not defame, abuse, harass or threaten Spikeway or any third party, or otherwise violate the legal rights of Spikeway or any third party.
You shall not contribute any content or take any action that may in any manner adversely affect the reputation of Spikeway, or that is otherwise detrimental to Spikeway.
You shall not in any manner publish or post any inappropriate, defamatory, infringing, obscene, racist, terrorist, politically slanted, indecent or unlawful topic, name, material or information.
You shall not use profane and objectionable language or abbreviations. You shall not use any character(s) as a substitute for objectionable language.
You shall not in any manner reveal confidential or proprietary information of any third party. Specifically, You shall not post any material for which You do not have requisite and applicable right(s) under law.
You shall not conduct any contests or publish or propagate any forwards.
You shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity but not limited to the foregoing) of any other party including Spikeway.
You shall not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
You shall not upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
You shall not upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
You shall not advertise or offer to sell or buy any goods or services for any business purpose
You shall not download any file posted that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
You shall not falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
You shall not create a false identity for the purpose of misleading others.
You shall not in any way deface or vandalize this Website, or prevent or restrict others from using this Website.
You acknowledge that Spikeway may, at its sole discretion, monitor, remove or edit any content that You contribute. Spikeway may also pursue remedies available to it under law for any violation of these terms and conditions.
THIRD PARTY CONTENT:
The Website makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by Spikeway. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by Spikeway or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold Spikeway, any business offering products or services through the Website or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason
By using any Third Party Content, You may leave this Website and be directed to an external website, or to a website maintained by an entity other than Spikeway. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. Spikeway makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Spikeway or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Spikeway or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of Spikeway and Spikeway is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Spikeway is not responsible for webcasting or any other form of transmission received from any linked site. Spikeway is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by Spikeway in any manner of the website.
This website, the information and materials on the site, and any software made available on the Website, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. In spite of Spikeway’ best endeavors, there is no warranty on behalf of Spikeway that this Website will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF DAMAGES:
In no event shall Spikeway or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if Spikeway is expressly advised of the possibility of such damages.
The website may contain inaccuracies and typographical and clerical errors. Spikeway expressly disclaims any obligation(s) to update this website or any of the materials on this website. Spikeway does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Spikeway reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Spikeway may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner.
POSTING ON THE SPIKEWAY WEBSITE:
Spikeway does not claim ownership of the materials You provide to Spikeway (including feedback and suggestions) or post, upload, input or submit to any section of the Website, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) Your Submission You are granting Spikeway, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their Internet businesses (including, without limitation, all services offered by Spikeway), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.
You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your Submission by Spikeway, as provided herein. Spikeway shall be under no obligation to post or use any Submission You may provide and Spikeway shall remove any Submission at any time at its own sole discretion.
LAWFUL AND / OR PROHIBITED USE OF THE WEBSITE:
INTERNATIONAL USERS AND CHOICE OF LAW:
This Site is controlled, operated and administered by Spikeway from its offices within India. Spikeway makes no representation that Materials on this Website are appropriate or available for use at any other location(s) outside India. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If You access this Website from a location outside India, You are responsible for compliance with all local laws.