Terms of use

Terms of Service

Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND PENTA CONSULTING governing your use of this site, www.egovern.in (the “Site”) which includes but is not limited to products, software and services offered by way of the websites and other applications (the “Site”). Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. Penta Consulting reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly.

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

Registration

In order to utilize certain functionality of the Site, you must complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Penta Consulting of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Penta Consulting from any loss or damage arising from unauthorized use of your password or user name.

By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Penta Consulting and processing of such data by Penta Consulting in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.

Termination

You agree that Penta Consulting may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Penta Consulting, for which monetary damages would be inadequate, and you consent to Penta Consulting obtaining any injunctive or equitable relief that Penta Consulting deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Penta Consulting may have at law or in equity.

You agree that Penta Consulting may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

Intellectual Property Issues

The Site is owned by Penta Consulting. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Penta Consulting.

The Trademarks and/or logos of eGovern.in and Penta Consulting and copyright of this site are of the ownership of Penta Consulting Pvt. Ltd. Certain product names, text, images, designs, logos mentioned and /or displayed in this website are the trademarks or registered trademarks or copyrights of Penta Consulting Pvt. Ltd. All other product names mentioned in this web site are the trademarks or registered trademarks of their respective owners and are mentioned for identification purposes only.

Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.

Pursuant to the copyright and trademark laws of India, you agree:

  • 1. To not copy, replicate or use any features and/or functionality on any other site or application.
  • 2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Penta Consulting, unless such use is pursuant to Educational Use of Content of this agreement.
  • 3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
  • 4. To refrain from framing or mirroring any portion of the Site.
  • 5. For clarity, you retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site (“User Content”). By uploading User Content, you grant Penta Consulting (which includes its subsidiaries, affiliates, joint ventures, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with Penta Products. Penta Consulting may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such Penta Products. A Penta Product is defined as “a product of Penta Consulting, a subsidiary, affiliate, joint venture, or licensee of Penta Consulting, in any language, over which Penta Consulting has “Editorial Control.” For the purposes of this Agreement, “Editorial Control” means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the Penta Product. You also agree that Penta Consulting may make User Content available to users of the Site who may display and redistribute it in the same way that Penta Consulting makes all other Content available.
  • 6. Notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Penta Consulting’s designated agent the following information:
  • a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; ;
  • b. A description of the copyrighted work that you claim has been infringed;
  • c. A description of where the material that you claim is infringing is located on the Site;
  • d. Your address, telephone number, and e-mail address;
  • e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Penta Consulting’s designated agent for notice of claims of copyright infringement on the Site is its Director –Quality Management who can be reached as follows:

By Mail:
Veena Bathé
Director – Quality
1131, Shukrawar Peth,
Pune 411002. INDIA.
By phone: +91-20-2447.2761
By e-mail: bathe@penta.co.in

THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.

Educational Use of Content

With respect to Content designated as available for download for educational purposes (“Downloadable Content”), librarians, teachers, support staff, administrators, other staff of educational institutions, students, and adults supporting such students’ learning (“Educators or Learners”) are authorized to download Downloadable Content to a personal computer or school server and print, reproduce, and distribute such Downloadable Content solely for use in educational settings and subject to the restrictions set forth below.

The following restrictions apply to all Downloadable Content:

  • 1. Educators or Learners are prohibited from disseminating Downloadable Content beyond such Educator’s or Learner’s particular educational institution.
  • 2. Under no circumstances may an Educator or Learner use Downloadable Content for commercial purposes.
  • 3. Downloadable Content used for any purpose must always maintain unaltered credit, copyright, other proprietary notices, and embedded links.
  • 4. Educators or Learners may make no modifications to Downloadable Content and must preserve all Penta Consulting credits and copyright notices.

With respect to Read-Only Downloadable Content, Educators or Learners may neither make use of nor allow or enable the use of Read-Only Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites or computer networks, regardless of educational use.

With respect to Modular Downloadable Content, Educators or Learners may post only products the Educator or Learner has created that contain such Modular Downloadable Content and only to a website administered by the Educator’s or Learner’s school or school system or by Penta Consulting.

Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.

Shopping

You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to Penta Consulting in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.

PENTA CONSULTING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. You agree that Penta Consulting’s sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered. IN NO EVENT SHALL PENTA CONSULTING, ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, TRAVEL AND TOURS.

All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.

Liability

The Site and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

Although Penta Consulting does not routinely monitor the postings to the Site, Penta Consulting reserves the right (but assumes no obligation) to delete, move, or edit any User Content that comes to its attention that Penta Consulting considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Penta Consulting, restricts or inhibits any other user from using or enjoying the Site will not be permitted. Penta Consulting reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any of the copyright or trademark laws of India.

The Site may provide, or third parties may provide, links to other sites or resources. Because Penta Consulting has no control over such sites and resources, you acknowledge and agree that Penta Consulting is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Penta Consulting shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

User Conduct

Penta Consulting wants to encourage an open exchange of information and ideas on the Site. You can expect the Site to include information and opinions from a variety of individuals and organizations other than Penta Consulting. Penta Consulting neither endorses nor guarantees the accuracy of any User Content. Penta Consulting does not preview, censor, approve, edit, or endorse User Content and cannot guarantee that inappropriate material will not be posted. Penta Consulting may review User Content from time to time and may take steps to remove inappropriate User Content that comes to its attention; however, it engages in no routine monitoring of the Site. There is no substitute for healthy scepticism and your own good judgment.

You agree to assume full and sole responsibility for any User Content you post to the Site, and you agree to:

  • 1. Abide by the Community at Penta Consulting Rules for Members (which are fully incorporated into these Terms);
  • 2. Post User Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports Penta Consulting’s mission of inspiring people to care about the world.
  • 3. or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Penta Consulting’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any User Content that you post, and nothing you post will infringe on the rights of others;
  • 4. Neither post nor transmit any unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive User Content, or User Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other User Content that infringes on the ability of others to enjoy the Site, or is otherwise inappropriate;
  • 5. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user.
  • 6. Neither post nor transmit through the Site any User Content that constitutes advertising or solicitation with respect to any product or service;
  • 7. Not post anonymously or impersonate any other person;
  • 8. Neither use nor launch any automated means, including “robots,” “spiders,” or “offline readers” that accesses the Website in a manner that sends more request messages to the Penta Consulting servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); and
  • 9. Not to alter or modify any part of the Site, make no use that would interfere with or disrupt the Site or servers or networks connected to the Site, make no User Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by Penta Consulting.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PENTA CONSULTING RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Penta Consulting; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. Penta Consulting reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Penta Consulting in asserting any available defenses.

Miscellaneous

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Pune, India pursuant to the rules of the Arbitration & Conciliation Act, 1996. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the Courts at Pune, Maharashtra, India, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate-of-interest, to the successful party. Copyright claims shall be brought in the court having jurisdiction. If you are an agent for or an employee of a non-Indian company, but operate in a place of business in India, you expressly agree that any dispute regarding this contract shall be adjudicated within India, in the manner described here. If Penta Consulting is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Penta Consulting for its respective legal fees, costs, and disbursements if Penta Consulting is successful.

These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between Penta Consulting and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Penta Consulting may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.

The Terms were last updated on 14 Jan 2016.

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