TERMS AND CONDITIONS FOR USE OF HUBSCALE
Should you not agree with the terms and condition of the use or do not wish to be bound by this agreement, you are advised to discontinue the use of www.Hubscale.in
The purpose of this Agreement is to state the terms and conditions under which, a user (you) can make use of the Website for purposes of locating capital equipment for purchase or selling capital equipment. HubScale is merely a platform and not an Original Equipment Manufacturer, Dealer or Agent with respect to the products and services listed on the Website. HubScale is an online resource for buyers to post their requirements and sellers to advertise their goods and to locate these buyers. HubScale does not endorse or recommend any of the product or services listed on the website. The buyer is advised to use his own discretion to proceed about any engagement for the products and services listed on the website and directly purchase/deal with the Original Equipment Manufacturer, Dealer or Agent. HubScale shall not be liable in any way for the product or any other action taken by any of these third party vendors. HubScale shall not be liable for any loss, damages or costs arising in any way connected with your purchase and/or use of any machine, or service at the Website.
HubScale expressly reserves the right to suspend, withdraw, or terminate the offering of one or all of its Services at any time.
With the acceptance of this agreement you are hereby granted a non-transferable, non-exclusive, revocable, limited license to access and use the Website for the period as agreed. HubScale reserves the right to update or modify the website, at its discretion. You are not permitted to sublicense or transfer any of your rights hereunder including, without limitation, access to the website or password-protected portions of the Website.
You are not allowed to directly or indirectly copy or reproduce all or any part of the Website, in any form. You shall use the Website for the intended purposes only.
You shall not use the Website to post, transmit, convey, submit, distribute, store or destroy any content, photographs, video, descriptions, drawings, content, audio materials, text, messages or other information ("Posted Information"):
(i) that is defamatory, obscene or trade libelous;
(ii) in violation of any applicable law, statute, ordinance or regulation;
(iii) in a manner that will infringe the intellectual property rights of others;
(iv) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(v) that is false, misleading or inaccurate in any way;
(vi) in violation of the any acceptable use policy or other policy posted at the Website;
You shall not violate or attempt to violate the security of the Application or the Website.
You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Website.
You shall be solely responsible for:
(i) all Posted Information you post at the Website and the accuracy of information posted
(ii) posted information is complying with all applicable laws, rules and regulations at all times;
(iii) maintaining all passwords and access codes to Website. Your password should be kept private and confidential and should not be shared with any third party;
(iv) You acknowledge that once an Information is submitted or posted to the Website, You may not be able to edit/modify, or delete it.
HubScale, at its sole discretion reserves its right to:
(i) Remove or cancel any Posted Information that HubScale deems to be offensive, illegal, inaccurate, contrary to any agreement or contract or inappropriate in any way. There shall be no liability to you or any other party on account of any such decision
(ii) review all Posted Information to ensure that it complies with all applicable rules and policies; or
(iii) Suspend, restrict and/or terminate, without notice of any kind, your access to the Website account for any reason.
(iv) HubScale shall/may not review or monitor any Posted Information entered into the Application or otherwise posted by you at the Website, and you shall be solely responsible for the genuineness and accuracy of all such data, content and information.
Fees charged for the various services offered at the Website. In consideration for providing the Services, you agree to pay all such fees which are due and owing on account of the selections you have made at the Website or through a HubScale representative. Fees are payable as set forth in the quotation submitted to you, and you hereby agree to pay all costs and expenses incurred by HubScale. You authorize HubScale to charge the credit card you have on file with HubScale for all Fees due and owing hereunder. All fees are non-refundable once paid.
TERM AND TERMINATION
HubScale reserves the right to terminate access to certain areas or features of the website at any time for any reason, with or without notice. HubScale also reserves the right to deny access to particular user(s) without any prior notice/explanation in order to protect the interests of HubScale and/or other visitors to the web site.
HubScale can terminate the user account for any of the following reasons:
(i) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
(ii) Any unauthorized access, use, modification, or control of the web site data base, network or related services.
(iii) if the user has shared his username and password to third party.
(iv) if it concludes that the user(s) have provided any false information in connection with the member account to HubScale, or are engaged in fraudulent or illegal activities.
(v) Impersonate or unlawfully use another companies name to post information or conduct business of any form
(vi) Any other reason which is against the business interest of HubScale.
If HubScale terminates user(s) membership, user(s) will not have the right to re-enroll or join HubScale under a new account or name unless formally invited to do so by HubScale. In any case of termination, no membership charges will be refunded.
All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party.
HubScale is the sole owner of the name "Hubscale.in" as well as the Website, all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to HubScale regarding the Website shall, upon submission to HubScale, be owned solely and exclusively by HubScale. "HubScale", "Hubscale.in", "HubScale.in" and related icons and logos are registered trademarks or trademarks or service marks of HubScale 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. All content on this web site is the copyright of HubScale except the third party content and link to third party web site on our website.
USE OF POSTED INFORMATION
In exchange for your use of the Website, You hereby grant HubScale an unlimited, perpetual, irrevocable, fully-paid, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all Posted Information. HubScale shall be entitled to display advertising and/or any other content at locations of its choosing within the Website, including without limitation to your Posted Information. HubScale can use the User's Logo for promotion and various activities.
CONFIDENTIALITY AND NON-SOLICITATION
You agree to treat confidential all confidential information of HubScale, not to use such confidential information for any purpose and not to disclose such confidential information to any third party. Also, during the Term and for a period of one year thereafter, you shall not directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of HubScale to terminate employment with HubScale or to become employed by or enter into contractual relations with any other individual or entity.
All calls to HubScale are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from HubScale may be monitored and recorded.
LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and HubScale does not have any control over such sites i.e. content and resources provided by them. HubScale may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, BANNERS, channels or otherwise) to such Third Party's web site. You are cautioned to read the terms and conditions and/or privacy policies of the respective sites before using such sites.
LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the web site are provided on an "as is" and "as available" basis, and web site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
HubScale makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, and stability, completeness of any information provided on or through the website.
HubScale does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site does not violate any third party rights; and HubScale makes no representations or warranties of any kind concerning any product or service offered or displayed on the web site. Any material downloaded or otherwise obtained through the web site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from web site or through or from the website shall create any warranty not expressly stated herein. Under no circumstances shall website be held liable for an delay or failure or disruption of the content or services delivered through the web site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the web site. User(s) hereby further agree that web site is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with website in asserting any available defenses. Website shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise.
You may use the Website only in good faith for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that you follows the rules in this Agreement. You may not use the Website or Application to promote another business or commercial venture, except to the extent HubScale elects to offer business accounts or subscriptions and you take all actions necessary to subscribe.
Except as expressly permitted under other provisions of this Agreement, You may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose.
You may not create compilations or derivative works of the Website or the Application, the Website or Application content or any other materials from the Website or Application.
You may not use the Website, Application, the Website and/or Application content or any other materials from the Website or Application in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of HubScale or any third party.
GOVERNING LAW AND DISPUTE RESOLUTIONS