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Terms of Use

EMSAGEN is a next-generation technology innovator company, it provides consulting, digital technology, innovation and training to our customers and partners to modernize their business.

EMSAGEN was founded at Delhi& NCR Region and is headquartered in Faridabad, Haryana, India. It’s registered under Government of India under Goods and Service Tax in Faridabad, Delhi NCR, India.

Emsagen through its Website https://emsagen.com/ , which shall be governed by these Terms of Use. The Emsagen insists upon your prior perusal and understanding of the same, and informs you that your access or use of the Website shall automatically signify your consent to be bound by the Terms of Use, since the same constitutes an electronic record defined under the laws prevailing in the Republic of India, and having been generated by a computer system does not require physical or personalized digital signatures for its authentication and enforcement.

Registration

EMSAGEN is registered under Government of India under Goods and Service Tax in Faridabad, Delhi NCR, India.

At present EMSAGEN is owning two websites that is https://emsagen.com/ and https://emsagen.in/  these websites are fully owned by EMSAGEN under GST.

The EMSAGEN Products and Services can be accessed by visiting our website, contacting us or creating an account on the Website https://emsagen.com/  or https://emsagen.in/ while contacting us or creating an account or setting up your personal information including your name, Email Id, physical address, phone number, Login Id and password, and upon complying with the primary contact verification process It shall be deemed to have been undertaken by you that the information provided, belongs to you and is not false, fraudulent or illegal.

It shall solely be your responsibility to protect your Account credentials, and any use, misuse or abuse of your the same shall be attributable to you.

In the event where any unauthorized access or operation of your Account comes to your knowledge, you shall promptly report the same to the Emsagen.

The Account shall be operated only by the person whose personal information has been entered in the same, and it shall enable the said person to avail only one Product per Account.

The EMSAGEN (Emsagen) reserves its full right to refuse your Registration or creation of your Account, at its discretion.

Subscription / Services

The Products and services can be availed by contacting us info@emsagen.com or ( https://emsagen.com/ or  https://emsagen.in ) user, customer or partner need to share the details what kind of services they want and on the basis of their requirements the Subscription/Services cost will decide as per the chosen services by the user, customer or partner its totally dependent upon customer requirements and as of now we cannot tell what type of services are going to choose by customer.

Once Subscription/Services cost will decide and Paid to Emsagen, and if any other services will be asked by the customer, then it will be treated as new request.

Once Products and Services chosen by the customer then it is not transferable to other customer or their partner company But EMSAGEN have rights to work or hire partner company resources or contractor or third part to execute or deliver products or services chosen by our user, customer or partner, here EMSAGEN will be responsible to execute or deliver chosen services by our user, customer or partner.

Once payment successfully done by the user, customer or partner and they want to cancel the order or chosen services with Emsagen then user, customer or partner need to follow our return and refund policy.

Emsagen reserves its right to change the Subscription or Services cost at any point of time without issuing any prior notice, however, such change shall not affect the existing Subscription/ services (if any) until its expiry.

The Subscription shall be considered valid only through your compliance of the Indian Contract Act, 1872, including your competence in terms of majority of age, soundness of mind, solvency and legality of your Registration, Subscription and / or Use of the Product.

The Subscription shall not survive through and beyond suspension, winding up or dissolution of the Emsagen, and / or discontinuation of the Product.

The Emsagen reserves its right to refuse your Subscription, at its discretion.

Features and Services

The Features of the Product shall remain consistent for all the Services, however, the Emsagen may change such arrangement, at its discretion.

The Product and / or its Features may be updated, upgraded and / or modified by Emsagen if such need arises to the satisfaction of Emsagen, and at its discretion.

Emsagen shall endeavour to acknowledge your requests / suggestions towards updating, upgradation and / or modification of the Product and / or its Features, however, it shall not be bound to affect the same unless satisfied of need to do so.

Any update, upgrade and / or modification in the Product and / or its Features during the period of Subscription shall be made available to you at no additional fee, however, the Emsagen may at its discretion offer the same (or part thereof) to you at your option of purchase.

Emsagen does not endorse, ratify or mandate availing of all, some or none of the Features of the Product, and the same shall remain your personal choice.

The Features of the Product can be deployed to create, modify or delete the same, at your discretion and to your satisfaction.

The Emsagen shall provide facilitating, ancillary and troubleshooting services consequential to your Subscription of the Product, at no cost.

The Emsagen shall endeavour to provide such services promptly upon your raising of such requirement, however, it shall not be bound to affect the same unless satisfied of the need and / or its own resourcefulness to do so.

Emsagen however does not permit services to be availed from any third party(ies) towards the Product or Services, without prior written consent of the Emsagen.

Emsagen also provides an optional combo service of all of IT related Products, Services, Website Services, Digital Cards, Digital marketing, Software, Hardware, IOT, Cloud and many more please explorer our websites for more details, our websites are https://emsagen.com or https://emsagen.in

The Emsagen also provides an optional service of Google Advertisements, and you may avail the same to your satisfaction, however, the results of which shall remain subject to independent services by Google.

Use and conduct

The Product warrants your responsible, prudent, and non-tortious conduct in its Registration, Subscription and / or use.

The Registration and Subscription of the Product creates a relationship of license between the Emsagen (being licensor) and you (being licensee) for you to Use the same, limited by the Terms of Use.

The license of the Product does not create any right, privilege or warranty in your favour and over or against the Product or the Emsagen.

The license of the Product prohibits you from misusing and / or abusing the same for any purpose that is or may become illegal in the eyes of law, against the public policy and / or the Terms of Use.

Content

The content of the Website is and shall remain the Intellectual Property of the Emsagen including but not limited to its Name, Domain, Link(s), Trademark(s), Copyright(s), Logo(s), Design(s), Patent(s), Source Code(s), strategies, models, texts, images, videos, etc.

The access and use of the Website does not and shall not create, transfer or imply any right over the Intellectual Property of the Emsagen, in your favour to use, misuse, abuse, share, plagiarize, reproduce, duplicate, sell or otherwise exploit the same without prior written consent of the Emsagen.

It shall be your duty to promptly inform the Emsagen about any infringement of Intellectual Property Rights of the Emsagen at your behest or to your knowledge, and you shall extend your cooperation to the Emsagen in redressing the same by due process of law.

The Emsagen does not claim any right over the Intellectual Property of its users, customers or partners subscribers and third party(ies), and any such content uploaded by users, customers or partners on the Website shall be governed by the Privacy Policy and Emsagen Policy’s.

Deactivation/ Suspend/ Cancel or Deletion of Account or Services

You (Individual/ Emsagen/ Franchise/ Admin) may also request deactivation/ termination of your services with Emsagen by contacting our customer care support email id: info@emsagen.com after requesting services termination/ deactivation, please note that some of the information may remain in our archived records after your account has been deactivated as per our company policy.

Emsagen have full rights If any offensive/discriminatory message, photos, videos, nudity. pornography links, urls found! Emsagen have rights to take immediate action (terminate/deactivate/stop their respective services) without seeking any approval/ getting any permissions from anyone/ concerned persons/individuals/ customers/Emsagens/franchise. Emsagen have full rights to take legal action and penalties as per the law or decision made by Emsagen.

Cyber pornography is in simple words defined as the act of using cyberspace to create, display, distribute, import, or publish pornography or obscene materials. With the advent of cyberspace, traditional pornographic content has now been largely replaced by online/digital pornographic content.

Cyber pornography is banned in many countries and legalized in some. In India, under the Information Technology Act, 2000, this is a grey area of the law, where it is not prohibited but not legalized either.

Under Section 67 of the Information Technology Act, 2000 makes the following acts punishable.

Publication- which would include uploading on a website, WhatsApp group or any other digital portal where third parties can have access to such content.

Transmission- this includes sending obscene photos or images to any person via email, messaging, WhatsApp or any other form of Digital media.

Causing to be published or transmitted- this is a very wide terminology which would end up making the intermediary portal liable, using which the offender has published or transmitted such obscene content. The Intermediary Guidelines under the Information Technology Act put an onus on the Intermediary/Service Provider to exercise due diligence to ensure their portal is not being misused.

Section 67A of the Information Technology Act makes publication, transmission and causing to be transmitted and published in electronic form any information containing sexually explicit act or conduct, punishable as per India IT Act.

If you need any more details, please reach out to our Emsagen Legal Compliance team: info@emsagen.com

Discretion

The Emsagen may, at its sole discretion, alter, remove, restrict, suspend or terminate access, usage and / or content of the Website, or may amend and enforce amendment(s) of the Terms and Conditions as it may deem fit, without any prior notice to you; and it shall be your responsibility to keep yourself conversant with the same to ensure your pragmatic compliance of the Terms and Conditions.

Disclaimer

The Emsagen shall not be liable for any loss(es) caused due to your lack of diligence, vigilance or prudence in access or use of the Website.

The Emsagen shall not be liable for any loss(es) caused due to disruption of access, use and services of the Website owing to causes beyond its control including but not limited to maintenance, power failure, server malfunction, content loss, misuse or abuse, unwarranted access gained by hackers, viruses or like infiltrators, force majeure, etc.

The Emsagen shall endeavour to not publish any incorrect, inaccurate or insensitive content on the Website; however, it shall not be liable for any loss(es) caused by such publication arising out of human error and error of belief, opinion or judgment.

The Website may provide access to links offered by third party(ies) for their destinations like websites, products and / or services which are not under the control of the Emsagen, and the Emsagen shall not be liable for any loss(es) caused due to such access and / or use of such links or of such destinations.

The Emsagen shall likewise not be liable to any third party(ies) for any loss(es) caused to such third party(ies) owing to any action or omission on your part during, out of the course of, or in consequence of access or use of the Website.

The Emsagen shall not be liable for any loss(es) caused to your equipment or facilities utilized for access or use of the Website.

The Emsagen shall not be liable for any loss(es) caused as a consequence of any action or omission at the behest of any person, entity or bot representing the Emsagen or the Website without due authorization from the Emsagen.

The Emsagen shall not represent, ratify or defend you in any claim or complaint made against you owing to any action or omission on your part during, out of the course of, or in consequence of access or use of the Website; and / or in violation of the Terms and Conditions.

Liability and Indemnification

You shall solely be liable for, and shall indemnify, defend and hold the Emsagen harmless for any loss(es) caused to you, to any third party(ies), or to the Emsagen; or for any consequential loss(es); or for such loss(es) that may be saddled upon the Emsagen, owing to any action or omission on your part during, out of the course of, or in consequence of access or use of the Website; and / or in violation of the Terms and Conditions.

Dispute Redressal

Any dispute arising out of or in connection with the access and / or use of the Website; and / or in violation of the Terms and Conditions, shall be communicated by the aggrieved party to the other party within three (3) days of occurrence of such grievance, upon which the parties shall endeavour to resolve the same amicably within subsequent 15 days, however, if such dispute is not so resolved, then either party may initiate Arbitration proceedings for redressal of such dispute by serving the other party with a Notice of 15 days to that effect, and the Emsagen shall accordingly appoint a sole Arbitrator to govern the Arbitral Tribunal at Faridabad or Delhi NCR, India, as per the Indian Arbitration and Conciliation Act, 1996.

Governing Law and Jurisdiction

The Terms and Conditions, and the aforementioned process of dispute redressal shall be governed by the laws prevailing in the Republic of India, being subject to the jurisdiction for the purposes of enforcement, intervention and execution of the said process vested in the Courts at Faridabad or Delhi NCR.

Contact

The official contact information of the Emsagen for all purposes shall be its email if:- info@emsagen.com