The Terms of Use Agreement (“Agreement”) is entered into BETWEEN Wuerth Industrial Services India Pvt. Ltd.(“Company”) (the Company could also be referred to as “we”, “us”, “our” and other such adjectives), including its website wuerthwebapp.exiomstesting.in.php56-28.lan3-1.websitetestlink.com/(“website”)AND You (hereinafter referred to as “you”, “your”, “user”).

The agreement must be read by you (user) completely and well understood before you agree to the terms of use governing any and all relationships in this Agreement. The user should read, understand and agree to the terms of use which includes those terms and conditions expressly set out below and those incorporated by reference.

ACCOUNT CREATION & REGISTRATION:

The website and its membership are strictly private and in no way should be considered to be public. In order to gain membership to the website enabling the user to access the services as offered by the website, company or its associates, as clearly mentioned herein below, they will have to first register themselves with the website.

The registration does not guarantee a membership unless the user is informed of the same by an e-mail.

The right to grant membership is completely reserved by the Company / website and its representatives. Such membership can be terminated by giving instant notice for any subjective reason that they deem fit and by agreeing to the terms of use the user grants its consent for the same.

You may only have one account on our website (“Account”), for which you will register using your own, correct name. You may not use the services by means of another person's account. Upon entering the requisite details, the local admin of your concerned jurisdiction shall after detailed scrutiny either accept or reject your registration request. You shall then be notified of the said acceptance/ rejection by e – mail. You should ensure that you have read and understood the rules and regulations of the services provided. You agree to abide by these rules and regulations as published and periodically changed on the website.

SHARING OF PASSWORD AND OTHER RESPONSIBILITIES

Sharing or distribution of the password with any other user/ person/ group or any third party is strictly prohibited. The Company shall not be responsible if your account is accessed or opened by others using your password. You are held legally responsible and liable for all of your activities on the website made from your account. You understand that it is your obligation to protect the information you have provided on the website including, but not limited to usernames, passwords, email addresses, contact details and telephone numbers. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your account on the website being exposed or misused by any other person or any other harm or loss being suffered by you. You undertake and agree to indemnify us against any claims, expenses or liabilities suffered by or claimed against us by any person or entity arising out of your non-compliance with any applicable laws. You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information. In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal proceedings against you as well as notify the relevant regulatory or law enforcement authorities where appropriate, apart from suspending or terminating your privileges for the use of the website.

INTELLECTUAL PROPERTY

The Company holds all rights tangible or intangible for the website and all the services offered on the website including but not limited to all the content, inter alia all strategic and development plans, ideas, designs, financial conditions, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage (“Intellectual Property”). The Company is only permitting the user to use the Intellectual Property to use the services offered and under all circumstances the user is strictly prohibited to use the intellectual capital otherwise, which includes but is not limited to copying, reproducing or transmitting any media known to / or will be known to human kind of the intellectual property. The user is not being granted any rights whatsoever with respect to the intellectual property by allowing him to use the services on the website.

DESCRIPTION OF SERVICES OFFERED

The Company through its website aims at providing users with services relevant to employee and project tracking only. The services shall commence at lead generation and would extend to provide a customer database, expense reports, employee timesheets, cold calling, contract tracking and the like(“services/ activity”).

REGISTRATION CHARGES

The services so provided by the Company shall be free of charge for a period of 3 months for all the users. However, upon the expiry of 3 months from the date of membership, the user shall be liable to pay an amount of 250 EURO along with GST and other taxes and charges as applicable / year. The service charge levied is subject to change from time to time and the users shall be informed of the same accordingly. We reserve the right to collect service charge at varying rates and at different times for the services offered by us. The service charge and applicable taxes may vary as per the changes in the law and we may change the levy of service charge accordingly based on the company’s discretion.

Prior to the expiry of each 3 – month cycle of the membership, the user shall be required to change his/her account password. The local admin of the respective jurisdiction shall notify the users10 days prior to the date of termination of the 3 - month cycle to change their respective passwords.

SOFTWARE USAGE

Commercial use of the Software is strictly forbidden. The User is only allowed to use the Software for his/her personal use. Under no circumstances shall a User be permitted to use his/her account with the Company for any purpose other than for the services so provided. You may open only one account per person. The Company reserves the right to monitor any effort to establish multiple accounts. In the event, the Company discovers that you have opened more than one account per person, all additional accounts will be closed immediately without notice and continued violation will result in the termination of any and all of your accounts. The user may not attempt to modify, decompile, reverse-engineer or disassemble the software in any way. The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Software and the services. All actions taken by a User must be executed personally by the User through the user interface accessible by use of the Software. You agree that the Company may take steps to detect and prevent the use of prohibited EPA Programs. Such action may include, but is not limited to, the examination of software programs running concurrently with the Company Software on the User's computer.

PAYMENTS

The company shall raise an invoice every 1 months to its associated group of companies with respect to the accounts so created within their respective companies. The payments shall be made by the group companies vide NEFT within 7 days of the company raising an invoice. Any delay in payment of the same shall result in withholding use and operation of the website for all the users belonging to those respective group companies.

REFUNDS AND CANCELLATIONS

No user shall be permitted to cancel/ terminate/ receive any refund for the services so offered on the website.

DISCONNECTIONS AND TECHNICAL ISSUES

In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service, as a policy, the Company shall not be responsible to you in all such cases. The Company shall not hold any liability to any disconnection, lag, freeze or interference in network on the user’s computer or any other external networks.

DISCLAIMERS AND INDEMNIFICATION

By registering, you are considered to have accepted and understood all the Terms and conditions. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms and conditions by You does not surrender our rights to act with respect to any prior, concurrent, subsequent or similar breaches.

The Company and/or its website and/ solely reserve the right to singly change the terms and conditions and update the same on the website. It is the user’s responsibility to check the updated terms and conditions on a regular basis. If any judicial or quasi-judicial body in India declares any of these Terms or condition to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining Terms and conditions will not be affected. Any such inappropriate Term or condition will be replaced with another term that is valid and enforceable and is in most nearly with effect to the original invalid term.

By agreeing to the terms of use you agree to the fact that the information you have provided to the Company, website or affiliate on our website and its affiliates, will be used by the Company and its affiliates as considered appropriate. Our methods of gathering information may change from time to time and our privacy policy may be modified too. These changes will be posted on this page. You can always understand the information we collect, how we use it, and under what circumstances we disclose it.

WARRANTY

The Company disclaims any and all Warranties, expressed or implied, in connection with the software, the site and the services, all of which are provided to the user "AS IS". Your access and use of the website is at your sole risk. The Company explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

Without limiting the foregoing, the company does not represent or warrant:

a) The quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software and the website;

b) The sustainability of the information contained in the documents or other information published on this site;

c) Continuous, error-free, secure or virus-free operation of the website or its content including software, your account or continued operation or availability of any facility;

d) That the defects in the website will be corrected;

e) That the website or the servers that operate the website are free of viruses or other harmful components;

f) That the data, results and information within the website will be correct, accurate, adequate, useful, reliable or otherwise; and

g) That the website will meet your needs, requirements or expectations.

No person affiliated, or claiming affiliation with the site has authority to extend such Warranties.

You undertake and agree as under:

(a) The Company does not promise or ensure that you will be able to access your account whenever you want. It is entirely possible that you may not be able to access your account or the services provided by the Company at times or for extended periods of time due to, but not limited to system maintenance and updates;

(b) You agree to indemnify and hold the Company, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the services. You acknowledge that You are solely responsible for any action that arises from Your participation with this activity or around this activity, regardless of occurring before, during or after the period of the activity;

(d) To hereby save, hold harmless, discharge and release the Company from any and all liability, claims, causes of actions, damages or demands of any kind and nature, whatsoever, that may arise from or in connection with your participation in the activity;

(e) You will be solely responsible for any delay and/or damage to your computer systems or loss of data that results from usage ofthis software on Your computer and the website expressly disclaims liability for any such failure delay or failure;

(f) You are solely responsible for maintaining the confidentiality of your account access credentials (i.e. username & password) and the company data available on the website.

(g) You agree to assume the entire risk as to the results and performance of any software and/or services availed by you on the website. As such, result and performance among other things depends on your Internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware. The Company explicitly disclaims liability for any delay or failure to perform resulting from installation of the software on your computer.

(h) You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other user or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another user or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your account on our Website; (iii) any loss incurred in transmitting information from you to our Website by the internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications' lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Website; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Website;

(i) You agree to indemnify, defend and hold the Company, harmless from all claims, damages and expenses made by any third party arising out of (a) your content; or (b) your violation of these Terms or Privacy Policy; or (c) use of http://wuerthwebapp.exiomstesting.in.php56-28.lan3-1.websitetestlink.com/by any other person accessing the services using your username or password, whether with/without your authorization.

(j) The Company reserves the right to change, modify or delete the sites, information, and terms & conditions listed on this site at any time without prior notice.

PRIVACY

We will collect information, both, personal and professional about all the users, when you provide it to us on the website. You may provide personally identifiable information when you create an account, enter any information on this site, sign up for email communications, participate in a survey, contact customer service or otherwise interact with this site in any other manner. Your personally identifiable information may be used by us for all legal purposes, which may include, but are not limited to, responding to your requests, processing your transactions, for administrative purposes, tracking which parts of the site are of interest to you, and the like. If you choose to opt-in, you may receive certain future information or communications from the Company and we may share your personally identifiable information with the company subsidiaries or affiliated entities. We may also use your personally identifiable information for internal business purposes, such as optimizing site experiences and analysing and managing our businesses.

CONFIDENTIALITY

The terms and conditions of this Agreement are confidential between both the parties and shall not be disclosed to any third party.Any disclosure in violation of the confidentiality clause shall be deemed an automatic breach of this Agreement. Both the parties agree to treat the terms within this Agreement as strictly confidential. No information identified within this Agreement shall be disclosed to anyone else unless legally obligated. Confidentiality is a material part of this Agreement and this confidentiality clause shall be binding upon both the parties. The existence, nature, terms and conditions of this Agreement are strictly confidential and shall not be disclosed by you in any manner or form.

LIMITATION OF LIABILITY

You clearly understand and agree that the Company shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if the Company has been advised of the possibility of such damages), resulting from or arising out of your use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to indemnify the Company against any claims in respect of any such matter.

You agree to indemnify and hold harmless the Company or its website from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

GOVERNING LAW AND JURISDICTION

This Agreement shall in all respects be governed, interpreted by, and construed in accordance with the laws of India. All disputes, differences, complaints etc., shall be subject to Arbitration under the Indian Arbitration and Conciliation Act, 2015. The arbitrator will be appointed by mutual consent. The place of arbitration shall be Pune, Maharashtra, India.

REPORT ISSUE

If you suspect that any user is involved in any type of cheating or malicious activities, you can report to us at support@crm.wuerth-industry.in

CONTACT US

Feel free to contact us in case of any questions or concerns; any change in your personal information, forgotten password, or in case of suspicion that someone else has learnt and used your password.

ACCEPTING THE TERMS OF USE

You hereby accept the fact that you have read, understood and are willing to abide by the above Terms and Conditions.