Last updated on [22-September-2022].
The internet resource https://www.bitsila.com/ (hereinafter referred to as “Website”) is owned and published by Innobits Solutions Private Limited (hereinafter referred to as the “Company”).

General
We may modify these Terms of Use (“Terms”) from time to time and such modification will be effective upon posting on the Website. You agree to be bound to any changes to these Terms when you use the Website after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated on the changes made.

Definitions
“Applicable Law” / “Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, budgetary declarations, circular, press notes, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration having the force of law in India or any other relevant jurisdiction, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this document or thereafter, and the word “Law(s)” shall be construed accordingly.

“Intellectual Property Rights” shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.

“Terms” shall mean the entire Terms of Use and all parallel policies that are applicable to the Users.

“We”, “Us”, “Our”, “Company” shall mean Innobits Solutions Private Limited.

“You/User” shall mean the users of the Website.

Eligibility
You must be of legal age to enter into a binding agreement in order to accept the Terms. Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘consent’ as per Applicable Laws, you are not eligible to use the Website.

Acceptance of the Terms
By using the Platform and/or the Services, You represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Website is administered in India and any use outside of India is at the User’s own risk and Users are responsible for compliance with any local laws applicable to their use of the Website.

Without limiting any other provisions of these Terms, Users may not use this Website for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Website may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

If you are accessing, browsing, and using the Website on someone else’s behalf, you represent that you have the authority to bind that (natural/legal) person to all the terms and conditions set forth here. In the event such person refuses to be bound as the principal to these Terms, you agree to accept liability for any harm or loss caused by any use of the Website resulting from your access to the Website.

User Obligations
Users may use the Website for lawful, and legal purposes alone. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, or any related computer systems or networks, through hacking, cracking, intrusion to networks, password mining or any other means.

We reserve the right to refuse or restrict access to the Website to anyone or to any jurisdiction for any reason at any time. We reserve the right at any time to modify or discontinue any part or content of our Website without notice at any time.

Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

copy, modify, adapt, translate, or reverse engineer any portion of the Website, its contents, or materials;
remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website;
use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve, or index any portion of the Website; reformat or frame any portion of the web pages that are part of the Website;
fraudulently misuse the Website;
use the Website or any material or content for any purpose that is unlawful or prohibited by these Terms, or the laws of India, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
disrupt or interfere with the security of, or otherwise cause harm to the Website, its systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked websites;
collect or store personal data about other users in connection with the prohibited activities described in this paragraph;
upload or make available any data pertaining to a third-party without such third-party’s express and continuing consent; or reverse look-up, trace or seek to trace any information on any other user of the Website.

The User shall not provide share any information that:

belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
infringes any patent, trademark, copyright, or other proprietary rights;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource; or is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these provisions, including without limitation, suspension, or termination of access to the Website. In addition to our rights in these Terms, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms.

Website Content
The information available on or through the Website, including without limitation, text, articles, research papers, whitepapers, photographs, graphics, video, audio, user interface, and visual interface is owned by us and our licensors and is protected by copyright, trademark, patent, trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Website and any underlying technology or software used in connection with the Website contains our proprietary information.

We give you permission to use the aforementioned content solely in accordance with these Terms and do not transfer any Intellectual Property Rights to you by virtue of permitting your use of the Website. You may print, download, and store information from the Website for your own convenience, provided our status (and that of any identified contributors) as the authors of material on our Website is acknowledged. You may not however, copy, distribute, republish, sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever.

No other rights are granted save as expressly set forth in the Terms. The Company owns all right, title, and interest, including all Intellectual Property Rights, in and to the Website and any and all updates, upgrades, modifications, enhancements, content, improvements or derivative works thereof.

Disclaimer of Warranties
WE PROVIDE THE WEBSITE AND THE SERVICES ‘AS IS’, ‘WITH ALL FAULTS’ AND ‘AS AVAILABLE’ AND MAKE NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.

WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY USER OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE WEBSITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS TERMS OF USE.

IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOSS OF PROFITS OR CONTRACTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED SAVINGS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR NEGLIGENCE, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
Upon a request by us, Users agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, and representatives, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to your access to or use of the Website.

Dispute Resolution
These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of India as applied to contracts made and to be performed entirely in the state of Karnataka, India.

Any controversy, dispute or claim arising out of or related to these Terms shall be settled by final and binding arbitration to be conducted by an arbitration tribunal. The arbitration tribunal shall consist of a sole arbitrator jointly appointed by the User and the Company. The seat and venue of the arbitration proceedings shall be Bengaluru, Karnataka. The language of the arbitration proceedings shall be English. The provisions of the Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings.

The Courts at Bengaluru, Karnataka, shall have exclusive jurisdiction to adjudicate all disputes arising out of or in relation with this Agreement.

Without any prejudice to particulars listed in above, the Company shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

Miscellaneous
These Terms and any supplemental terms, policies, rules, and guidelines posted on the Website, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements.
If any part of these Terms is held invalid or unenforceable, such portion shall be construed in a manner consistent with Applicable Law to reflect, as nearly as possible, the original intentions, and the remaining portions shall remain in full force and effect.
The failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
No party shall be liable for any delay or failure to perform its obligations pursuant to these Terms if such delay is caused by an act of god / force majeure event. We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
You may not assign, transfer or sub-license your obligations under Terms to anyone else and any attempt to do so shall be null and void.