Last Updated: August 01, 2022
ahead of your great participation and assure you with our best professional quality support
Below we have listed important legal terms that apply to anyone who visits our website or users
who subscribe to our services. These terms are necessary in order to protect both you and us,
and to make our services possible and more enjoyable for everyone.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience
more pleasant. If you have any suggestions on how we can improve them, you are more than welcome
to contact us at email@example.com.
Your Responsibility & Obligations
Cancellation by User
Termination by WITSYNC
Loss of Data
Third Party Services
Intellectual Property Rights
Proprietary Materials: Licenses
Licensed Educational Contents
Creative Common Licenses
Licensed Educational Code
Acceptance of Email
Limitation of Liability
Claims of Copyright Infringement
1.1. Our services
With team of experienced professionals from multiple industries served diversified profiles
joining together to make our users experience great. With extensive experience and intensive
research, we focus to provide our users with numerous practical tools and features via Online
Software Tools, E-Learning Packages, Advisory Services, Digital Solutions and many others.
This website ("Website") includes without limitation:
Online Support and Service Center services, and other on-line services accessible via the
Website (collectively the "Services");
information such as technical, study material product, learning program, online learning
services, pricing and other valuable information ("Information"); and
content such as data, text, music, sound, photographs, graphics, video, messages, or
other materials ("Content").
1.2. Legal Agreement
These Terms constitute a binding and enforceable legal contract between WITSYNC Soft Solutions
Private Limited (“WITSYNC” or “Us” or “We”) and You – so please read them carefully.
WITSYNC provide this website to you, your employees, agents, contractors, and any other entity
on whose behalf you accept these terms (collectively "you"), subject to these terms. These terms
are entered into by and between WITSYNC and you, and you accept them by:
placing an order through this website;
using the website in any other manner; and/or
acknowledging agreement with these terms.
If you do not agree to all of these terms, please do not use this website
You may visit and/or use the website only if you fully agree to the Terms – and by using and/or
registering to the website, you signify that you have read in full and affirm your consent to
these Terms. If you do not read, fully understand and agree to these Terms, you must immediately
leave the website and discontinue to use the website.
Products and its related services may not be available in Your location, and deliverables may
vary among locations. In addition to the Terms and unless otherwise noted, the standard WITSYNC
terms and conditions of sale in your jurisdiction govern purchases You make through the website,
unless You have in effect a separate valid written purchase or license agreement with WITSYNC
for that product or service, in which case that separate agreement governs, and in cases of
2. Your Responsibility & Obligations
2.1. User Account
In order to get access to view certain sections containing information and analysis on website,
you must first register and create an account on the website (“User Account”).
You are responsible for maintaining the confidentiality of your account and password, if any,
and for restricting access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. If you are under 18 (eighteen years of
age), you may purchase products or services only through a parent or guardian for the E-Learning
solutions while for other Business Software shall not be allowed to subscribe or access if below
18 years of age. You agree that billing and registration information you provide on the Website
will be accurate and complete. WITSYNC reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
In consideration of your use of the Website, you undertake and agree to:
provide accurate, current, and complete information about you including your own
(or your company’s) contact and billing details, your existing valid email address
while filling registration form on the Website (the "Registration Data");
maintain the security of your password and identification;
maintain and promptly update the Registration Data, and any information You
provide to WITSYNC, to keep it accurate, current and complete; and
accept all risks of unauthorized access to information and Registration Data.
You have sole responsibility for adequate protection and backup of data and/or equipment used
in connection with the Website
If anyone other than yourself accesses your User Account and/or any of your User settings,
they may perform any actions available to you (unless as specifically stated otherwise on
the Website), make any changes to User Account, and accept any legal terms available
therein, make various representations and warranties and more – and all such activities will
be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account
confidential, and allow such access only to people you trust - as you will be solely and
fully responsible for all activities that occur under your User Account (including for any
representations, warranties and undertakings made therein), whether or not specifically
authorized by you, and for any damages, expenses or losses that may result from such
Principles underlying User Account
You along with your valid existing email address can register on Website subject to
terms as specified above and upon successful registration get an exclusive account on
the Website (termed “User Account”). WITSYNC shall consider the actual and true owner of
the User Account, as the person or entity who has access to the email address as
registered in WITSYNC records.
If any Subscription were purchased via a User Account, WITSYNC will provide the owner of
such User Account with the access to the sections of the website/software subscribed.
We reserve the right to determine ownership to a User Account based on our reasonable
judgment, whether or not an independent investigation has been conducted by us. However,
if we cannot make such determination (as we may deem in our sole discretion), we reserve
the right to avoid doing so, without liability to you or to any other party.
2.2. You agree and undertake not to
(applicable to visitor as well as holder of User Account of Website):
copy, modify, create derivative works of, download, translate, compile, decompile
any part thereof, any content displayed within Website and/or any part thereof in any
way, or publicly display, perform, transmit or distribute any of the foregoing without
WITSYNC’s prior written and specific consent and/or as expressly permitted under the
post or otherwise transmit via the Website Content that is inaccurate, harmful,
obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise
objectionable to WITSYNC or other users of the Website;
include unauthorized disclosure of personal information;
violates or infringes anyone's intellectual property rights;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or
methodology, or any similar or equivalent manual process, to access, acquire, copy, or
monitor any portion of the Website (or its data), or in any way reproduce or circumvent
the navigational structure or presentation to obtain or attempt to obtain any materials,
documents, services or information through any means not purposely made available;
act in a manner which might be perceived as damaging to WITSYNC’s reputation and
goodwill or which may bring WITSYNC into disrepute or harm;
falsely state or otherwise misrepresent or falsely express or imply that WITSYNC
endorses you, your business, or any statement you make;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or
restrict access to the Website, the account of another User(s), or any other systems or
networks connected to the Website, by hacking, password mining, or other illegitimate or
violate, attempt to violate, or otherwise fail to comply with any of the WITSYNC
Terms or any laws or requirements applicable to your use of the Website.
You acknowledge and agree that your failure to abide by any of the foregoing or any
misrepresentation made by you herein may result in the immediate termination of your User
Account and/or any Services provided to you – with or without further notice to you, and without
any refund of amounts paid on account of any such Services and WITSYNC at its sole discretion
shall initiate legal action as it deems fit.
WITSYNC reserves the right to edit or remove content that violates these Terms or that contains
third-party commercial advertisements.
Certain parts of the Website Services (including Third Party Services) require or involve the
submission, collection and/or use of certain personally identifying or identifiable information.
In particular, and as a part of accessing or using the Website and such Third-Party Services may
collect, access and use certain data pertaining to End Users, including the activities or
navigation undertaken by Users and End Users through the Website.
You consent to the collection, processing and storage by WITSYNC of Your personal information in
respect to any access, use and/or submission by You of any personal information in connection
with this Website.
policies on a regular basis, for a description of such data collection and use practices.
The Company shall take reasonable steps at all times to ensure that the services provided are
maintained and suits the users’ intended use. However, the Company cannot ensure that it will be
entirely secured, virus-free, timely and error-free at all times due to the varied risks
associated with the use of internet, user’s firewall and cookies settings, host servers, and
reasons beyond the Company’s control. The Company shall place their best efforts to keep any
obstacles to minimum but there might be a requirement to stop the services due to maintenance
and support work.
The Company reserves the right to withdraw or amend this Website and any service or material
provided on the Website, at the sole discretion of the Company without notice. The Company shall
not be liable if for any reason all or any part of the website is unavailable at any time or for
any period. From time to time, the Company may restrict access to some parts of the website, or
the entire website, to users, including registered users.
5. Subscription Fees
5.1. Subscription Fees
The use of certain Website Services may be subject to payment of particular fees, as determined
by WITSYNC in its sole discretion (“Paid Services” and “Subscription Fee(s)”, respectively). If
you wish to use such Paid Services, you are required to pay all applicable Fees in advance.
WITSYNC reserves the right to change its Fees at any time, upon notice to you if such change may
affect your existing subscriptions. If you received a discount or other promotional offer,
WITSYNC shall have the right to automatically and without notice renew your subscription to such
Website Service(s) at the full applicable Fee.
The Website/Software sometimes offers you with the free trial period, to understand the
usability of the Website/Software, after the completion of the free trial period, an annual
subscription fee shall be charged, based on the plan selected by the user.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in
writing by WITSYNC. To the extent permitted by law (and unless specified otherwise by WITSYNC in
writing), all Fees are exclusive of all taxes except where expressly written (including value
added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing
authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating
to your use of the WITSYNC Services, or to any payments or purchases made by you. If WITSYNC is
obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes
were added and collected from you for previous transactions, such Taxes may be added to the
payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We
recommend that you verify the existence of any additional fees you may be charged by third
parties in connection with the purchase of Paid Services or in connection with the renewal
thereof (such as international transaction fees, currency exchange fees or fees due to banks or
credit card companies). WITSYNC shall not be responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize
WITSYNC (either directly or through its affiliates, subsidiaries or other third parties) to
request and collect payment (or otherwise charge, refund or take any other billing actions) from
our payment provider or your designated banking account, and to make any inquiries by WITSYNC or
its affiliates may consider necessary to validate your designated payment account or financial
information, in order to ensure prompt payment, including for the purpose of receiving updated
payment details from your payment, credit card or banking account provider (e.g., updated expiry
date or card number as may be provided to us by your credit card company).
5.2. Non-Payment of Subscription Fee
The Company shall have no obligation to provide the user with any service if annual payment of
the Subscription fee is not made at start of each term. It is to be ensured by the user that the
Company has all the billing and contact details during the subscription period which includes
user’s full name, location, payment details, business address and email address where bill can
be sent. The Company reserves the right to suspend the user’s access to the service if the
subscription fees not timely paid and becomes overdue by more than 30 days.
WITSYNC and/or its affiliated companies will issue an invoice or credit memo for any payment of
Fees or refund made to or by WITSYNC (“Invoice”). Each Invoice will be issued in electronic form
and based on the country stated in your billing address, and will be made available to you via
your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required
to comply with local laws. Please note that the Invoice presented in your User Account may be
inadequate with your local law requirements, and in such case, may be used for pro forma
5.4. Refunds & Cancellations
If you wish to cancel our services, your data will be retained in our system for 3 months. After
3 months, your data will be deleted from our system. We recommend you to use the trial version
first. If you are satisfied with our services, you can opt for a buying option. In no case,
there shall be a refund be given on any and all payments made by the user for availing any
services after the purchase, regardless of the fact that the user has used the services post
purchase or not. The subscription fee is non-refundable.
6.1. Cancellation by User
You may discontinue to use and rsquest to cancel your User Account at any time, in accordance
with the instructions available on the Website. The effective date and time for such
cancellation shall be the date and time on which you have completed the cancellation process on
the Website, and the effective date for cancellation of Paid Services shall be at the end of
such Paid subscription period.
Your only remedy with respect to any dissatisfaction with:
any term of these Terms of Service,
any policy or practice of WITSYNC in operating the Website, or
any content or information transmitted through the Website, is to terminate the Terms and
You may terminate the Terms at any time by deleting your login account with the Website and
discontinuing use of any and all parts of the Website.
For more information about cancelling your Paid Services, please email us at
6.2. Termination by WITSYNC
Failure to comply with any of the WITSYNC Terms and/or to pay any due Fee shall entitle WITSYNC
to suspend (until full payment is made) or cancel your User Account (or certain features
The Company shall not be liable to pay any fines, with regards to the losses incurred by the user
due to the inability to operate their respective accounts in case of failure to pay the
subscription fee or by not abiding to any of the terms and conditions as mentioned in the this
or other policies of the Website. The Company reserves right to cancel the account where any
account is unsubscribed for a period of more than 30 calendar days and if any data is lost due
to such cancellation, the Company shall not be responsible for any such data loss to the user.
It is the user’s responsibility to keep the account active.
In case the host server breaks down or is no longer active, the Company shall be solely
responsible to make availability of the services on an earliest basis
WITSYNC, in its sole discretion, for any or no reason, and without penalty, may terminate any
account (or any part thereof) You may have with WITSYNC or your use of the Website and remove
and discard all or any part of your account, User profile, and User Content, at any time.
WITSYNC may also in its sole discretion and at any time discontinue providing access to the
Website, or any part thereof, with or without notice. You agree that any termination of your
access to the Website or any account You may have, or portion thereof, may be affected without
prior notice, and You agree that WITSYNC will not be liable to You or any third party for any
such termination. Any suspected fraudulent, abusive or illegal activity may be referred to
appropriate law enforcement authorities. These remedies are in addition to any other remedies
WITSYNC may have at law or in equity. As discussed herein, WITSYNC does not permit copyright,
trademarks, or other intellectual property infringing activities on the Website, and will
terminate access to the Website, and remove all User Content or other content submitted, by any
Users who are found to be repeat infringers.
6.3. Loss of Data
If your User Account are cancelled (whether at your request or at WITSYNC’s discretion), it may
cause or result in the loss of certain user data from your User Account, including any usage
data retained therein. WITSYNC shall not be liable in any way for such Loss. Please also note
that additional Fees may apply to re-activation of a User Account and/or any WITSYNC Services
following their cancellation, as determined by WITSYNC in its sole discretion.
7. Third Party Services
Third-Party Sites, Products and Services; Links. The Website may include links or references to
other web sites or services solely as a convenience to Users (“Reference Sites”). WITSYNC does
not endorse any such Reference Sites or the information, materials, products, or services
contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING
THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS
SOLELY AT YOUR OWN RISK.
fully indemnify, defend and hold WITSYNC its officers, directors, shareholders, employees,
affiliates and agents, harmless from any and all damages and costs, obligations, losses,
debt and expenses (including attorneys’ fees), arising from:
9. Intellectual Property Rights
9.1. Proprietary Materials: Licenses
The Website/Software is owned and operated by WITSYNC. The visual interfaces, graphics, design,
compilation, information, computer code (including source code or object code), software,
services, content, educational videos and exercises, and all other elements of the Website (the
“Website Materials”) are protected by international copyright, patent, and trademark laws,
international conventions, and other applicable laws governing intellectual property and
proprietary rights. Except for any User Content provided and owned by Users and except as
otherwise set all Website Materials, and all trademarks, service marks, and trade names,
contained on or available through the Website are owned by or licensed to WITYSNC, and WITSYNC
reserves all rights therein and thereto not expressly granted by these Terms.
9.2. Licensed Educational Contents
WITSYNC may make available on the Website certain educational videos, exercises, and related
supplementary materials that are owned by WITSYNC or its third-party licensors (the “Licensed
Educational Content”). WITSYNC grants to you a non-exclusive, non-transferable right to access
and use the Licensed Educational Content as made available on the Website by WITSYNC solely for
your personal, non-commercial purposes. Unless expressly indicated on the Website that a
particular item of Licensed Educational Content is made available to Users under alternate
license terms, you shall not download, distribute, sell, lease, modify, or otherwise provide
access to the Licensed Educational Content to any third party.
9.3. Alternate Licenses
In certain cases, WITSYNC or its licensors may make available Licensed Educational Content under
alternate license terms, such as a variant of the Creative Commons License (as defined below)
(each, an “Alternate License”). Where expressly indicated as such on the Website, and subject to
the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed
to You under the terms of the Alternate License. By using, downloading, or otherwise accessing
such Licensed Educational Content, you agree to comply fully with all the terms and conditions
of such Alternate License.
9.4. Creative Common Licenses
Unless expressly otherwise identified on the Website with respect to a particular item of
Licensed Educational Content, any reference to the “Creative Commons”, “CC” or similarly-phrased
license shall be deemed to be a reference to the Creative Commons Attribution
9.5. Licensed Educational Code
WITSYNC may make available, or allow Users to create and make available, on or through the
Website certain educational, user-readable source code in connection with the “Computer Science”
modules or exercises available on the Website (the “Licensed Educational Code”). Unless
otherwise indicated, all Licensed Educational Code is the property of WITSYNC or third-party
licensors and, subject to the terms and conditions of these Terms, is licensed to You under the
terms of the WITSYNC License. By downloading or otherwise accessing such Licensed Educational
Code, you agree to comply with all the terms of the WITSYNC License.
9.6.1. Except as expressly authorized and expressed by WITSYNC, you agree not to
reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish,
download, transmit, or create derivative works of the Content, in whole or in part, by
any means. You must not modify, decompile, or reverse any ideas and process which
WITSYNC discloses to You.
9.6.2. "WITSYNC Trademarks" means all names, marks, brands, logos, designs, trade dress,
slogans and other designations WITSYNC uses in connection with its products and
services. You agree to comply with the WITSYNC Trademark and Logo Usage Requirements.
You may not remove or alter any WITSYNC Trademarks, or corroborate your own products or
material in relation with WITSYNC Trademarks, without prior written consent from
9.6.3. WITSYNC is committed to respecting others' intellectual property rights, and we
ask our users to do the same. If You believe that Your work has been copied in a way
that constitutes copyright infringement on our Website, please contact us via email at:
firstname.lastname@example.org., Unless explicitly stated herein, nothing in these Terms shall be
construed as conferring any license to intellectual property rights, whether by
estoppel, implication, or otherwise. Permission is granted to display, copy, distribute
and download Content owned by WITSYNC on this Website provided that the use of such
Content is solely for personal and non-commercial use.
10. Non-Commercial Use
10.1. Personal Use
The Licensed Contents, reports, and other content material on the Website/Software are intended
for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the
terms of any Alternate License for such Licensed Content, Reports, may not be used, distributed
or otherwise exploited for any commercial purpose, commercial advantage or private monetary
compensation, unless prior agreed in writing by WITSYNC.
10.2. Impermissible Uses
Without limiting the generality of the foregoing, the following are types of uses that WITSYNC
expressly defines as falling outside of “non-commercial” use:
the sale or rental of (1) any part of the Licensed Content, Reports generated, (2)
any derivative works based at least in part on the Licensed Content, Reports or (3) any
collective work that includes any part of the Licensed Content or Reports;
providing training, support, or editorial services that use or reference the Licensed
Content or Report in exchange for a fee; and
the sale of advertisements, sponsorships, or promotions placed on the Licensed Content,
or any part thereof, or the sale of advertisements, sponsorships, or promotions on any
website or blog containing any part of the Licensed Material, including without
limitation any “pop-up advertisements”.
10.3. Use Characterization
Whether a particular use of the Licensed Content or Reports is “non-commercial” depends on the
use, not the user. Thus, a use of the Licensed Content that does not require that users pay fees
and that does not provide an entity with a commercial advantage is “non-commercial,” even if
this use is by a commercial entity. Conversely, any use that involves charging users in
connection with their access to the Licensed Content is not “non-commercial,” even if this use
is by a non-profit entity. As an example, a for-profit corporation’s use of the Licensed
Educational Content for internal professional development or training of employees is permitted,
so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as
another example, a non-profit entity’s use of the Licensed Content in connection with a
fee-based training or educational program is NOT “non-commercial” and is not permitted.
10.4. Crediting WITSYNC
If You distribute, publicly perform or display, transmit, publish, or otherwise make available
any Licensed Content or any derivative works thereof, you must also provide the following notice
prominently along with such Licensed Educational Content or derivative work thereof to:
WITSYNC Soft Solutions Private Limited
40 B, LP Block, Maurya Enclave, Pitam Pura
New Delhi, PIN – 110088
11. Prohibited Conduct
You shall not be allowed to remove or change the conditions of use, any notices of copyrights and
other identification disclaimers as they appear in the website or in any print format except
mentioned in this agreement. You shall also not be permitted to provide any person, content
through electronic means other than an authorized user or even alter any part or the content
except permitted by WITSYNC. You shall use the Website only for lawful purposes and in
You agree NOT to:
use the Website for any commercial use or purpose unless expressly permitted by
WITSYNC in writing, it being understood that the Website and related services are
intended for personal, non-commercial use only;
post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other
post, upload, or distribute any User Content or other content that is unlawful or
that a reasonable person could deem to be objectionable, offensive, indecent,
pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful,
racially or ethnically offensive, or otherwise inappropriate;
impersonate any person or entity, falsely claim an affiliation with any person or
entity, or access the Website accounts of others without permission, or perform any
other fraudulent activity;
delete the copyright or other proprietary rights notices on the Website or on any
Licensed Educational Content, Licensed Educational Code, or User Content;
assert, or authorize, assist, or encourage any third party to assert, against
WITSYNC or any of its affiliates or licensors any patent infringement or other
intellectual property infringement claim regarding any Licensed Educational Content,
Licensed Educational Code, or User Content You have used, submitted, or otherwise made
available on or through the Website;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to
other Users of the Website (including, but not limited to, unsolicited advertising,
promotional materials, or other solicitation material, bulk mailing of commercial
advertising, chain mail, informational announcements, charity requests, and petitions
use the Website for any illegal purpose, or in violation of any local, state,
national, or international law, including, without limitation, laws governing
intellectual property and other proprietary rights, and data protection and privacy;
defame, harass, abuse, threaten or defraud Users of the Website, or collect, or
attempt to collect, personal information about Users or third parties without their
remove, circumvent, disable, damage or otherwise interfere with security-related
features of the Website, Licensed Educational Content, Licensed Educational Code, or
User Content, features that prevent or restrict use or copying of any content accessible
through the Website, or features that enforce limitations on the use of the Website,
Licensed Educational Content, Licensed Educational Code, or User Content;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source
code of the Website or any part thereof, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the Website or any
part thereof, except and only to the extent expressly permitted by WITSYNC herein or to
the extent the foregoing restriction is expressly prohibited by applicable law; or
intentionally interfere with or damage operation of the Website or any user’s
enjoyment of it, by any means, including without limitation by participation in any
denial-of-service type attacks or by uploading or otherwise disseminating viruses,
adware, spyware, worms, or other malicious code.
12.1. No Warranties
Except as expressly stated, WITSYNC disclaim all warranties of any kind, implied, statutory, or
in any communication between them, including without limitation, the implied warranties of
merchantability, non-infringement, title and fitness for a particular purpose. Your use of the
website is at your sole risk unless otherwise explicitly stated. The website, including the
information, services and content is provided on an "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS"
basis. WITSYNC makes no representations, warranties, conditions or guarantees as to the
usefulness quality, suitability, truth, accuracy or completeness of the website.
To the fullest extent permissible pursuant to applicable law, WITSYNC and its affiliates and
licensors, disclaim any and all warranties and conditions, whether statutory, express or
implied, including, but not limited to, all implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. No advice or information, whether oral or
written, obtained by you from WITSYNC or through the website will create any warranty not
expressly stated herein.
WITSYNC makes no warranty or representation that:
the website will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the website will be accurate or
the quality of any products, services, content, information, or other material purchased
or obtained from the website will meet your expectations or requirements; or
any errors in the website will be corrected.
WITSYNC, and its suppliers, licensors, and affiliates, do not warrant that the website or any
data, user content, functions, or any other information offered on or through the website will
be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant
that any of the foregoing will be corrected.
12.3. Harm to Your Computer
You use the Internet solely at your own risk and subject to all applicable local, state,
national, and international laws and regulations. While WITSYNC has endeavored to create a
secure and reliable website, please be advised that the confidentiality of any communication or
material transmitted to/from this Website over the Internet cannot be guaranteed. Accordingly,
WITSYNC are not responsible for the security of any information transmitted via the Internet,
the accuracy of the information contained on the Website, or for the consequences of any
reliance on such information. WITSYNC shall have no liability for interruptions or omissions in
Internet, network or hosting services. You assume the sole and complete risk of using the Site.
You understand and agree that your use, access, download, or otherwise obtaining of content,
website materials, software, or data through the website (including through any API’s) is at
your own discretion and risk, and that you will be solely responsible for any damage to your
property (including your computer system) or loss of data that results therefrom.
12.4. Limitations by Applicable Law
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may
not apply to you. You may also have other rights that vary from state to state and jurisdiction
You may obtain direct access via the Website to certain confidential information of WITSYNC,
including without limitation of ideas, process involved, study material product, learning
program, pricing, schedule and other valuable information that should reasonably be understood
as confidential ("Confidential Information"). You must hold Confidential Information in strict
Your obligations regarding Confidential Information expire five (5) years after the date of
disclosure. Upon termination of the Terms or WITSYNC’s written request, you must cease use of
Confidential Information and return or destroy it.
Confidential information shall mean any information disclosed by one party to the other party,
in any form including without limitation documents, business plans, source code, software,
technical, financial, marketing, customer, business information, specifications, analysis,
designs, drawings, data, computer programs, any information relating to personnel or Affiliates
of a party and include information disclosed by third parties at the direction of a Disclosing
Party and marked as confidential within 15 days of such disclosure. Confidential Information
shall however, exclude any information which
is/ was publicly known or comes into public domain;
is received by the Receiving Party from a third party, without breach of this Agreement;
was already in the possession of Receiving Party, without confidentiality restrictions,
at the time of disclosure by the Disclosing Party;
is permitted for disclosure by the Disclosing Party in writing;
independently developed by the Receiving Party without use of Confidential Information;
is required to be disclosed by the Receiving Party pursuant to any order or requirement
from court, administrative or governmental agency, provided that the Receiving Party shall
the Disclosing Party prompt written notice of such order or requirement and an opportunity
contest or seek an appropriate protective order.
The Receiving Party agrees not to use any Confidential Information for any purpose except for
conducting business with the Disclosing Party, or otherwise agreed in writing.
14. Acceptance of Email
WITSYNC will accept and acknowledge your every single e-mail delivered by you to WITSYNC.
However, WITSYNC does not take the guarantee of receiving your every email due to force majeure
or any other the nature of email is such that WITSYNC cannot guarantee delivery of such email.
When WITSYNC communicates with you via E-mail or any other mode there will be chances of delayed
Receipt, non-receipt or misdirection by third parties, you will be responsible for checking
E-mails and attachments for viruses. Hence WITSYNC can't be held responsible for any damage or
loss caused by them. We will also not be liable for any problems in sensitive material.
15. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, WITSYNC, its officers,
directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any
direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever,
including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content;
(2) any personal injury or property damage related to your use of the WITSYNC Services; (3) any
unauthorized access to or use of our servers and/or any personal information and/or other
information stored therein; (4) any interruption or cessation of transmission to or from the
WITSYNC Services; (5) the use or display of any Content or User Content posted, emailed,
transmitted, or otherwise made available via the WITSYNC Services; (6) events beyond the
reasonable control of WITSYNC, including any internet failures, equipment failures, electrical
power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism,
intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or
non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other
intangible losses, resulting from the use or the inability to use any or all of WITSYNC
You acknowledge and agree that these limitations of liability are agreed allocations of risk
constituting in part the consideration for WITSYNCs services to you, and such limitations will
apply even if WITSYNC has been advised of the possibility of such liabilities.
WITSYNC and the users shall not be held liable in any case to each other for the losses or any
kind of damages including without limitation loss of Goodwill, whether it arises from
negligence, breach of contract or any other means where the default cannot be acclaimed to
The user shall be held liable if any expenses are incurred by us as a result of breach of terms
of services by the user if the user accesses the service using the password that has been
created to control access to their Account. The user shall be held liable for any expenses
incurred in case of breach of these Terms and Services by you.
You agree that any material breach of any of the above Terms will result in
irreparable harm to WITSYNC for which damages would be an inadequate remedy and,
therefore, in addition to its rights and remedies otherwise available at law, WITSYNC
shall be entitled to equitable relief, including both a preliminary and permanent
injunction, if such a breach occurs.
Indian law shall govern any action related to the Terms and/or Your use of the
Website. You and WITSYNC Software agree to submit to the personal and exclusive
jurisdiction of the courts located within the country of India.
Any express waiver or failure to exercise promptly any right under the Terms will
not create a continuing waiver or any expectation of non-enforcement. If any provision
of the Terms is held invalid by any law or regulation of any government, or by any court
or arbitrator, the parties agree that such provision will be replaced with a new
provision that accomplishes the original business purpose, and the other provisions of
the Terms will remain in full force and effect.
WITSYNC software shall not be liable for any failure or delay in fulfilling the
terms due to fire, strike, war, civil unrest, terrorist action, government regulations,
act of Nature or other causes which are unavoidable and beyond the reasonable control of
the party claiming force majeure. This provision shall not be construed as relieving
either party from its obligation to pay any sum due to the other party.
17. Claims of Copyright Infringement
If you believe in good faith that materials available on the Site infringe your copyright, you
(or your agent) may send WITSYNC a notice requesting that WITSYNC remove the material or block
access to it. If you believe in good faith that someone has wrongly filed a notice of copyright
infringement against you, the law permits you to send WITSYNC a counter-notice.
Notices and counter-notices should be sent by mail to:
WITSYNC Soft Solutions Private Limited
40 B, Ground Floor, LP Block, Maurya Enclave, Pitampura,
We suggest that you consult your legal advisor before filing a notice or counter-notice.
discretion. All changes are effective immediately when the Company post them, and apply to all
access to and use of the Website thereafter. Your continued use of the Website following the
to check this page frequently so you are aware of any changes, as they are binding on you.
19. Applicable Law
These terms of service are constructed in accordance with the laws of India.