Terms of Use

Welcome to www.42gears.com. By visiting this website and using 42Gears’ (“we”/”our”/”us”) proprietary software products (“Products”) and/or services, you agree to our Terms and Conditions (T&Cs) listed below and our Privacy Notice available at https://www.42gears.com/privacy-policy/. In using this website you (“User”) are deemed to have read and agreed to our Terms of Use and the Privacy Notice.

By using this website, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use this website at any time or in any manner or submit any information to 42Gears or website

ACCOUNT CREATION AND MAINTENANCE OF YOUR PASSWORD

A User can browse our website and download a trial version of our Products. Certain Products may require you to create a User account to use them.

Each Product will be governed by its own End User License Agreement in addition to these T&Cs and the Privacy Notice.

The User will be entirely responsible for maintaining the confidentiality of User’s account password, and for all or any activities done or that occur using the User’s account. You agree that all information you submit at account creation is accurate and up to date. You also acknowledge and agree that we may send you important information and notices regarding your account and the website by email, text messaging or other means based on the information you provide to us.

We handle account creation data in accordance with 42Gears Privacy Notice referred above.

YOUR ACKNOWLEDGEMENT AND RESPONSIBILITY

The content of the pages of this website are for your information. It is your responsibility to ensure that the Products and associated services offered by us meet your requirements and are not prohibited in your country or jurisdiction.

The website may have links to third-party websites. You acknowledge that your visit to any third party website will solely be at your own discretion and risk. We do not claim knowledge of, nor ownership of any content in any third party websites, nor do we endorse any third party website. We are hereby not liable for any disputes, loss or damage that may arise from or in connection with Your use of such third party websites.

You acknowledge and agree that all materials on the website, including without limitation, names, logos, trademarks, graphics, photographs, software,Products and other elements making up the website (Collectively, “Content”)  are proprietary to us, and all the  intellectual property rights including copyrights, trademarks, patent and trade secret are owned by us or we are permitted by the proprietors of said trademarks, service marks, or logos to display them on our website. We own the copyright to the information on this website and any copying or republishing of any information from our website is not permitted without our written consent. You may reproduce information from our website solely for your personal, non-commercial use. The provision of the website does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

You agree that you acquire no ownership, title, right or interest of any kind in our proprietary Products and any other intellectual property. You shall not use our names, logos, trademarks, Products or any other works of authorship without our prior written consent. You shall not copy any information or content provided on this website to any other website or similar forums as your own content or otherwise. We reserve all rights not specifically granted herein.

RESTRICTIONS

The rights granted herein are subject to the following restrictions:

(i) You shall not access the website in order to build a similar or competitive Products or services either yourself or impersonating any other person or entity;

(ii) except as expressly stated herein, no part of the website services or Content may be copied, reproduced, republished, sub-license, sale, preparation of derivative works or transmitted in any form or by any means;

(iii) You shall not or attempt to reverse engineer, disassemble or decompile the Products or any portion thereof;

(iv) You shall not delete, distort or otherwise modify any Content.

(v) any future release, update or other addition to the functionality of the services shall be subject to these website terms and conditions.

(vi) You shall not use or export or re-export any Content in violation of any applicable laws or regulations, including without limitation to United States export laws and regulations.

Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the website or any part of the Content for any purpose other than its intended one is strictly prohibited.

We have a right to terminate or suspend your account in case you breach any of the aforesaid terms or if we have reasonable grounds to do so.

OUR WARRANTIES AND DISCLAIMER

Our Products and the associated services are licensed on an "as is" and "as available" basis.

To the fullest extent permissible under applicable law, we expressly disclaim all representations and warranties, express, implied or statutory, including, without limitation, all warranties of title, non-infringement, and all representations and warranties relating (a) to the adequacy, timeliness, accuracy or completeness of any information on this website, (b) that your use of the website and our Products will be uninterrupted, error-free, or secure, (c) any errors or defects of Products will be corrected, (d) the website or the servers on which the website is hosted are free of viruses or other harmful components, (e) the services provided by us will meet your requirements, and/or (f) merchantability and fitness of the Products for a particular purpose.

Your use of the Products and associated services will be at your sole risk. You assume total responsibility and risk for your use of, or reliance on, the website and any information or services provided on the website. Accessing our website, downloading our Products, exporting, or re-exporting from/to countries or jurisdiction where our Products, services and/or content of this website are illegal or in contravention of any applicable provisions of law is strictly prohibited. By downloading or using any of our Products or services, You represent and warrant that such download or use is not in violation of any local laws or regulations. Upon failure to fulfil the aforesaid, You shall be liable for all the losses, damages (direct or indirect), penalties, fines, cost etc incurred by us and shall also bear all the special, indirect or consequential losses including punitive or exemplary losses thereof.
42Gears shall hold no liability for any such aforesaid violation of any local laws or regulations

We shall not be liable for any damage to your devices or systems, loss of data, any loss or damage of any kind, direct or indirect including a loss of property or otherwise that may result from the use of our website or Product/s or downloading any information or Product from this website. No advice or information obtained by you from the website shall create any warranty not expressly stated in these terms and conditions.

You agree to indemnify and hold 42Gears, its subsidiaries,affiliates, employees, officers, directors and agents harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including without limitation, reasonable attorney’s fees) which may be incurred against 42Gears by any third party arising from or in connection with your use of the website.

The content of the pages of this website may change at any time without notice. It is your responsibility to ensure that you agree to the changed content from time to time and such changes will be binding upon you.

APPLICABLE LAW

These Terms and Conditions, their subject matter and construction (and any contractual or non-contractual disputes or claims) are governed by the laws of India and you agree to the exclusive jurisdiction of the courts of Bengaluru, Karnataka.
We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction should, we in our sole opinion, consider this to be necessary.

GENERAL PROVISIONS

If any provisions of these terms and conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms, so that these terms and conditions shall remain in full force and effect. 42Gears failure to enforce any provisions of these terms and conditions shall not constitute a waiver of that or any other provision. These terms and conditions together with our Privacy Notice which is accessible on our website set forth the entire understanding and binding between you and 42Gears regarding your use of this website.

This Terms of Use was last revised on January 1st, 2020.