Terms of Use

Machax’s user agreement

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

  1. AGREEMENT: These Terms of Use, along with the Privacy Policy (“Agreement”) govern your use of Machax’s websites and services provided to you on, from, or through website and content appearing in the Services (“Content”). In this Service Agreement (“Agreement”) “you” and “your” refer to each customer, “Machax, “we”, us” and “our” refer to Machax.com. This Agreement and the schedules and appendices hereto (which form an integral part of this Agreement) explain our obligations to you and explain your obligations to us for various Services. Our Privacy Policy forms an integral part of this Agreement. By accessing, using or contributing to the Services, you are acknowledging that you have read and understood this Agreement (including our Privacy Policy), consenting to become a party to this Agreement and agreeing to be bound by and comply with the terms and conditions herein. If, for any reason, you do not accept and agree to all the terms and conditions of this Agreement, please do not access or use the Services in any manner. For purposes of this Agreement, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services, including the User Content (as defined below).
  2. Prohibited Content and Activities: You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any person or entity (a “person”), interfere with the operation of the Services, or use the Services in a manner that violates any and all applicable local, state, national and international laws and regulations and treaties.  For example, and without limitation, you may not:
  • Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide, or permit or otherwise enable unauthorized users to access and/or use the Service;
  • Sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing)
  • run any form of auto-responder or “spam” on the Services;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services;
  • harvest or scrape any Content from the Services;
  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
  1. User Submissions: Certain areas of the Services may enable you to post comments, send emails, or otherwise provide information to Machax or other persons. You remain fully responsible for the materials that you provide to us or others, including without limitation information, audio recordings, photographs, documents, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us or others (“User Content”).  You agree not to provide User Content that:
  • Infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
  • Is false, misleading, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;
  • Violates a person’s right to privacy or publicity;
  • Contains advertising or a solicitation of any kind;
  • Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
  • Contains epithets or other language or material intended to intimidate or to incite violence; or
  • Violates any applicable local, state, national, or international law, or advocates illegal activity.
  1. Intellectual Property: All our content, information, materials that are part of the Services other than your User Content (collectively, the “Machax Content”) is the property of Machax or third parties. All the content protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You acknowledge that all copyrights and other intellectual property rights in the Services are owned by Machax or its third-party licensors to the full extent permitted. Unless expressly permitted by an authorized person in writing, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Machax Content. To obtain written consent to use a copyrighted work, please contact us. Copying or downloading these is a violation of these Terms.
  2. Notice of Infringement.  Machax respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please contact us with the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
    • Identification of the copyrighted work or a representative list of the works claimed to have been infringed; Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
    • Your name, address, telephone number, and email address, so that we may contact you if necessary;
    • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • 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.
  1. Change or Termination: Machax may change or terminate these Terms for any reason at any time.  Machax reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice.  Otherwise applicable sections of the Terms shall survive termination.
  2. Privacy Policy: By using the Services, you indicate that you have reviewed and understand the information outlined in our Privacy Policy.
  3. Links: The Services may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by Machax. In any case, when you use these links to leave our webpage, you should take note of that we don’t have any power over that other site. Accordingly, we can’t be answerable for the assurance and protection of any data which you give while visiting such websites and such sites are not administered by this terms explanation. You should practice alert and take a look at the policies and terms of use appropriate to the site being referred to.
  4. Disclaimer of Warranties: YOUR USE OF THE SERVICES IS entirely AT YOUR OWN RISK.  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE services, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES or With RESPECT TO any websites or services linked from the services.  THE SERVICES ARE PROVIDED “AS IS”, “with all faults,” AND “AS AVAILABLE.”  Without limiting the generality of the foregoing, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE warranties against infringement, misappropriation or violation of any intellectual property or proprietary rights of any person; (II) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (III) THE warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available on the SERVICES or otherwise by Machax.
    NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY STATUTORY CONSUMER RIGHTS CLAIMS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM MACHAX’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  5. Indemnification: You agree to indemnify, hold harmless, and defend Machax, and its affiliates and licensors,  and each of their respective officers, directors, contractors, agents, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your User Content and your use of any Machax Content), (ii) your online conduct, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Services.
  6. CHOICE OF LAW AND CONSENT TO JURISDICTION: This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in New Delhi, India with respect to all disputes arising out of or relating to the Services. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
  7. CHANGES TO THIS AGREEMENT: We reserve the right to revise this Agreement at our sole discretion without prior notice and at any time. The latest Agreement will be posted here. By continuing to use the Services after changes are made, you agree to be bound by the revised Agreement. (Last updated on 13 August 2020)
  8. Contact Information: If you require any more information or have any questions about our terms of use, please feel free to contact us by email at info@machax.com