TERMS OF SERVICE AGREEMENT

Adopted on 1st April, 2019

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBGROUP OR ORDERING PRODUCTS FROM THIS WEBSITE/WEBGROUP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of https://www.avantis.co.in; https://www.avantis.net.in; https://www.avantis.info; https://www.avantisregtech.com (collectively referred to as “WebGroup”) and/or purchase/use of the Products available on this WebGroup and/or offered offline by Avantis Regtech Private Limited, AN Indian Company registered under the Indian Companies Act, 2013 having its Registered Office at 302A and 302B, City Tower, Boat Club Road, Sangamwadi, Pune, 411001, Maharashtra, India (be referred to as “Avantis”/ “Company”, as the case may be). 

This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Avantis reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on the WebGroup. Avantis will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on the WebGroup. Your use of the WebGroup following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Avantis encourages you to review this Agreement whenever you visit the WebGroup to make sure that you understand the terms and conditions governing use of the WebGroup. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Avantis for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the WebGroup. If you would like to print this Agreement, please click the print button on your browser toolbar.

  1. PRODUCTS
    Terms of Offer
    This WebGroup offers

    1. AVACOM Compliance Management System;
    2. Contract Management System;
    3. Litigation Management System
    4. Audit Reporting System
    5. Internal Finance Control Reporting System
    6. Secretarial Product
    7. Rulezbook; and
    8. Such other tools, modules, systems as may be developed and launched from time to time;

    (collectively referred to as the “Product” or “Products”). By placing an order for Products through this WebGroup or Offline, you agree to the terms set forth in this Agreement. 

    Customer Solicitation: Unless you notify our support center reps or direct Avantis sales reps, while they are calling you, of your desire to opt out from further direct Company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Avantis and its designated in house or third-party call team(s).  

    Opt Out Procedure: We provide following 3 easy ways to opt out of from future solicitations:

    1. You may use the opt out link found in any email solicitation that you may receive. 
    2. You may also choose to opt out, via sending your email address to: support@avantis.co.in.
    3. You may send a written remove request to Avantis Regtech Private Limited, Registered Office: 302A and 302B, City Tower, Boat Club Road, Sangamwadi, Pune – 411 001, Maharashtra, India. 

    Proprietary Rights: Avantis has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product developed and/or distributed by Avantis. Avantis also has rights to all trademarks and trade dress and specific layouts of this WebGroup, including calls to action, text placement, images and other information.

    Goods and Service Tax:  If you purchase any Products, you will be responsible for paying any applicable sales tax.

  2. WEBSITE
    Content; Intellectual Property; Third Party Links: 

    In addition to making Products available, this WebGroup also offers information and marketing materials. This WebGroup also offers information, both directly and through indirect links, to third-party websites about trends and analysis of the Products and its updates. Avantis does not always create the information offered on this WebGroup; instead the information is often gathered from other sources. To the extent that Avantis does create the content on this WebGroup, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this WebGroup is for personal, noncommercial use. Any links to third-party Websites are provided solely as a convenience to you. Avantis does not endorse the contents on any such third-party websites. Avantis is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

    Use of WebGroup:
      Avantis is not responsible for any damages resulting from use of this WebGroup by anyone. You will not use the WebGroup for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the WebGroup (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the WebGroup by other users, (3) not resell material on the WebGroup, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the WebGroup

    License:
      By using this WebGroup, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the WebGroup and its Products in connection with your normal, noncommercial, use of the WebGroup and Products. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Avantis or the applicable third-party (if third-party content is at issue).

    Posting:
    By posting, storing, or transmitting any content on the WebGroup, you hereby grant Avantis a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Avantis does not have the ability to control the nature of the user-generated content offered through the WebGroup. You are solely responsible for your interactions with other users of the WebGroup and any content you post. Avantis is not liable for any damage or harm resulting from any posts by or interactions between users. Avantis reserves the right, but has no obligation, to monitor interactions between and among users of the WebGroup.

  3. DISCLAIMER OF WARRANTIES
    YOUR USE OF THIS WEBGROUP AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBGROUP AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVANTIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBGROUP CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBGROUP CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVANTIS MAKES NO WARRANTY:
    THAT THE INFORMATION PROVIDED ON THIS WEBGROUP IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
    THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBGROUP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 
    AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. 
    REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBGROUP.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  4. LIMITATION OF LIABILITY
    AVANTIS’ ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBGROUP CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS APPLICABLE CHARGES INCLUDING RATES AND TAXES, FOR PRODUCTS PURCHASED VIA THE WEBGROUP AND/OR OFFLINE.
    AVANTIS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBGROUP CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBGROUP; OR (4) ANY LOST PROFITS YOU ALLEGE.
    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  5. INDEMNIFICATION
    You will release, indemnify, defend and hold harmless Avantis, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:
    1. this Agreement or the breach of your warranties, representations and obligations under this Agreement; 
    2. the WebGroup content or your use of the WebGroup content; 
    3. the Products or your use of the Products (including Trial Products); 
    4. any intellectual property or other proprietary right of any person or entity; 
    5. your violation of any provision of this Agreement; or
    6. any information or data you supplied to Avantis. 

    When Avantis is threatened with suit or sued by a third party, Avantis may seek written assurances from you concerning your promise to indemnify Avantis; your failure to provide such assurances may be considered by Avantis to be a material breach of this Agreement. Avantis will have the right to participate in any defense by you of a third-party claim related to your use of any of the WebGroup content or Products, with counsel of Avantis’ choice at its expense. Avantis will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Avantis against any claim, but you must receive Avantis’ prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the WebGroup or Products.

  6. PRIVACY
    Avantis believes strongly in protecting user privacy and providing you with notice of Product’s use of data. Please refer to Avantis’ Privacy [Cookie] Policy, incorporated by reference herein, that is posted on the WebGroup.
  7. AGREEMENT TO BE BOUND
    By using this WebGroup or ordering/purchasing Products, you acknowledge that you have read and agreed to be bound by this Agreement and all terms and conditions of this WebGroup. 
  8. GENERAL
    Force Majeure: 
    Avantis will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
    Cessation of Operation: 
    Avantis may at any time, in its sole discretion and without advance notice to you, cease operation of the WebGroup and distribution of the Products.
    Entire Agreement: 
    This Agreement comprises the entire agreement between you and Avantis and supersedes any prior agreements pertaining to the subject matter contained herein.
    Effect of Waiver: 
    The failure of Avantis to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
    Governing Law and Jurisdiction: 
    This WebGroup originates from Pune, Maharashtra, India. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Avantis will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this WebGroup or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
    Statute of Limitation: 
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the WebGroup or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    Waiver of Class Action Rights:
    BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
    Termination: 
    Avantis reserves the right to terminate your access to the WebGroup if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the WebGroup and Avantis may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the WebGroup is terminated, Avantis reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the WebGroup. This Agreement will survive indefinitely unless and until Avantis chooses, in its sole discretion and without advance to you, to terminate it.
    Domestic Use: 
    Avantis makes no representation that the WebGroup or Products are appropriate or available for use in locations outside India. Users who access the WebGroup from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
    Assignment: 
    You may not assign your rights and obligations under this Agreement to anyone. Avantis may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBGROUP OR ORDERING/PURCHASING PRODUCTS FROM THIS WEBGROUP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.