Terms & Conditions
Section 1
Terms of Use
These Terms of Use are applicable to your access to and use of the websites,
applications, and other online services operated by OiHelp.in (“OiHelp ,” “our,”
“us,” or “we”). These terms of Use (the “Online Services”), constitute a legal
agreement between you and OiHelp.
Your access to and use of the Online Services and the information and materials
available through the Online Services are subject to these Terms of Use,
regardless of whether you possess an account through the Online Services linked
to your or your employees’ or other end users’ names and/or contact information
(“Account”). By accessing or using the Online Services, you acknowledge that you
understand and agree to be bound by these Terms of Use and to comply with all
applicable laws and regulations when using the Online Services.
If you do not understand or agree to be bound by these Terms of Use, do not
access, use, or create an Account for any of the Online Services.
1. CHANGES TO THESE TERMS OF USE
We reserve the right to modify these Terms of Use, in whole or in part, in
our own discretion at any time. Such modifications shall be effective
immediately upon the linking of modified Terms of Use to the Online
Services, and if you possess an Account, by communicating the
modifications to you by sending them to the contact information that you
have provided to us. You agree to comply with, and be bound by, any such
modifications either (a) by continuing to use or access the Online Services
after modified Terms of Use are posted to the Online Services or (b) if you
possess an Account, by not requesting to terminate your Account within
seven (7) days after being sent a notice of modifications as described above.
2. ONLINE SERVICES
A. Ownership of Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, videos,
trademarks, logos, sounds, music, artwork, and computer code
(collectively, “Content”), including, but not limited to, the design, structure,
selection, coordination, expression, and arrangement of other Content,
which is contained on the Online Services is owned, controlled, or licensed
by or to OiHelp, and is protected by trade dress, copyright, patent, and
trademark laws, and various other intellectual property rights and unfair
competition laws. By granting you access to and use of the Online Services,
OiHelp does not transfer any ownership rights in any Content found on the
Online Services, and by furnishing information and materials through the
Online Services, OiHelp does not grant any licenses to any copyrights,
patents, or any other intellectual property rights.
Except as expressly provided in these Terms of Use, no part of the Online
Services and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, or
distributed in any way (including “mirroring”) to any other computer, server,
website, or other medium for publication or distribution or for any
commercial enterprise, without OiHelp’ express prior written consent.
Notwithstanding the foregoing, you may view, use, download, and print
selected portions of the Online Services solely for your own personal, noncommercial,
informational use; provided that you do not republish such
Content and that you keep intact all copyright, trademark, service mark,
attribution, patent, and other proprietary notices.
The Online Services may contain other proprietary notices and copyright
information, the terms of which must be observed and followed.
B. Procedure for Claims of Copyright Infringement
OiHelp respects the copyrights of others, and we ask our users to do the
same. If you believe that your copyrighted material is posted on any of the
Online Services without your permission, please contact us with the
following information:
• your mailing address, telephone number, and e-mail address;
• a description of the copyrighted work that you believe is infringed;
• a description of the material on the Online Services that you believe to
be infringing your copyrighted work and its location, with enough detail
so that we are able to locate it on the Online Services;
• a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
• a statement by you declaring under penalty of perjury that (a) the above
information in the notice is accurate, and (b) that you are the owner of
the copyright interest involved or are authorized to act on behalf of that
owner;
• your physical or electronic signature.
You can be reach us at:
Mr Avik Chakraborty
Designation: Director
Email: [email protected]
Telephone: 7005225657
Note that there are legal consequences for filing a fraudulent or bad faith
copyright take-down notice or counter-notice, so you should be sure that
all of the information that you are attesting to is accurate before submitting
it to us.
2. ACCURACY OF CONTENT
You acknowledge that OiHelp has no duty or obligation to keep any Content
on the Online Services accurate, current, or complete and agree that your
reliance on any such Content is at your own risk. Although OiHelp makes
best efforts to maintain the accuracy of the Online Services, it does not
represent or warrant that they are error-free.
Information that OiHelp publishes on the Online Services may contain
references to OiHelp products, programs, and services that are not
advertised or offered in your geographical location or your country. You
acknowledge and agree that such references do not imply that Oihelp
intends to offer such products, programs, or services in your country.
Consult your local OiHelp business contact for information regarding the
products, programs, and services that are available to you.
3. OPERATION OF THE ONLINE SERVICES
We reserve the right, at our sole discretion, to do any of the following, at
any time, for any reason or no reason, with or without prior notice, and
without liability: (1) refuse, restrict, modify, suspend, or terminate
operation of or your access to the Online Services, or any portion of the
Online Services; (2) modify or change the Online Services, or any portion of
the Online Services; and (3) interrupt the regular operation of the Online
Services, or any portion of the Online Services, as necessary to perform
routine or non-routine maintenance, to correct errors, or to make other
changes to the Online Services. We may also make improvements or
changes in the products or programs described in the Online Services at
any time without notice.
4. USE OF ONLINE SERVICES
User-Provided Content
You understand that all information, data, or other materials that you or
another user provide in connection with the Online Services or otherwise
communicate to us, including, but not limited to, content you provide using
our e-mail services, social groups, forums, communities, calendars, and
other messaging or other functions designed to enable you to post
information to the Online Services or to communicate with others through
the Online Services ("User-Provided Content"), is the sole responsibility of
the person from whom such User-Provided Content originated. This means
that you, and not us, are responsible for all User-Provided Content that you
publish, post, upload, distribute, disseminate, or otherwise make available
in connection with the Online Services. We do not control, monitor, or
endorse User-Provided Content and, as such, do not guarantee the
accuracy, integrity, or quality of any User-Provided Content. You
understand that by using the Online Services, you may be exposed to User-
Provided Content that is offensive, indecent, or objectionable. Under no
circumstances will we be liable in any way for any User-Provided Content,
including, but not limited to, for any errors or omissions in any User-
Provided Content, or for any loss or damage of any kind incurred as a result
of the publication or use of any User-Provided Content published, posted,
uploaded, distributed, disseminated, or otherwise made available in
connection with the Online Services.
OiHelp does not want to receive confidential, proprietary, or sensitive
personal information from you through the Online Services. Please note
that with the exception of submitted web-support requests and
collaboration in Account-specific communities, any User-Provided Content
you have submitted is NOT confidential. Always use caution when including
any confidential, proprietary, or sensitive personally identifiable
information through User-Provided Content that you submit, keeping in
mind that OiHelp and in some instances other users of the Online Services
will have access to your User-Provided Content.
Prohibited Activities
You agree to comply with all laws and regulations applicable to your use of
the Online Services. You agree not to publish, post, upload, distribute or
otherwise make available any User-Provided Content:
• Containing a solicitation of funds, a promotion, an advertisement, a
solicitation to purchase goods or services, a solicitation of other users
to use, join, or become a member of any commercial service or other
organization, or any other commercial matter, unless the Online Service
at issue specifically allows such User-Provided Content.
• That violates any law, statute, ordinance, or regulation (including, but
not limited to, those governing export control, consumer protection,
unfair competition, anti-discrimination, or false advertising).
• That is known by you to be false, inaccurate, or misleading or that is in
our sole discretion harmful, threatening, abusive, inappropriate,
profane, defamatory, vulgar, libelous, obscene, obscene as to minors,
pornographic, racist, lewd, lascivious, filthy, excessively violent,
harassing, indecent, unlawful, invasive of another's privacy, or
otherwise objectionable;
• That infringes any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party or that you do not have
a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, or proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); or
• That contains software viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment.
• Abide by policies of third party channels and social media properties
where OiHelp maintains a branded presence.
In addition, you agree not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
• Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any User-Provided Content transmitted in connection with
the Online Services;
• Create a false identity or create an Account for anyone other than
yourself without permission;
• Install any software, file, or code that is not authorized by the user of a
computer or device or that assumes control of all or any part of the
processing performed by a computer or device without the
authorization of the user of the computer or device;
• Take any action that interferes with the proper working of the Online
Services, compromises the security of the Online Services, or otherwise
damages the Online Services or any materials and information available
through the Online Services or violates any code of conduct or other
guidelines which may be applicable for any particular Online Service;
• Attempt to gain unauthorized access to any portion or feature of the
Online Services, to any other systems or networks connected to the
Online Services, to any of our servers, or to any of the services offered
on or through the Online Services, including, but not limited to, by
hacking, password “mining”, or any other unauthorized means;
• Probe, scan, or test the vulnerability of the Online Services or any
network connected to the Online Services or bypass the authentication
measures on the Online Services or any network connected to the
Online Services;
• Use any automated means to collect information or content from or
otherwise access the Online Services, including, but not limited to,
through the use of technical tools known as robots, spiders, or scrapers,
without our prior permission;
• Falsify, delete, or modify any copyright management information or
other program markings or notice of OiHelp’ proprietary rights, such as
author attributions, legal notices, proprietary designations, or labels of
the origin or source of software or other material contained in a file that
is uploaded to the Online Services;
• harvest or otherwise collect and store information about other users of
the Online Services, including e-mail addresses; or
• use, download, copy, or otherwise provide (whether or not for a fee) to
a person or entity any directory of users of the Online Services or other
user or usage information or any portion thereof.
Any materials uploaded to the Online Services may be subject to posted
limitations on usage, reproduction, and/or dissemination; you are
responsible for adhering to such limitations if you wish to use, reproduce,
or disseminate the materials.
4. ADDITIONAL TERMS OF USE FOR CERTAIN ONLINE SERVICES
Documentation
Certain areas of the Online Services may contain formal and informal
documentation relating to OiHelp's products, along with materials drafted
by third parties. Any OiHelp warranties as to its products' conformance with
specifications and documentation that may be found in your software
license agreement apply ONLY TO the documentation that is provided to
you in conjunction with the product. In the event of a conflict between
formal documentation found on the Online Services and formal
documentation provided to you with your product, the latter shall prevail.
Software Downloads
The Online Services may allow you, in certain areas, to download the
software products of OiHelp provided that you have entered into a
separate software license agreement, online or otherwise, under which you
have been granted a license to such software products by OiHelp. Your
license and use of, and rights and responsibilities for, any software
downloaded through the Online Services will be governed by the terms and
conditions of such separate agreement and not by these Terms of Use.
Confidentiality
By virtue of participation in certain areas of the Online Services, you may
have access to information that is confidential to OiHelp ("Confidential
Information"). "Confidential Information" shall mean all confidential and
proprietary information of OiHelp, including, but not limited to, all ideas,
techniques, models, inventions, know-how, processes, software programs,
source code, trade secrets, and works of authorship relating to our current,
future, and proposed products and services; customer, employee, and
supplier lists; and any and all Content (including User-Provided Content)
published on the Online Services by OiHelp or any user. As used herein,
Confidential Information shall not include information that: (a) is or
becomes a part of the public domain through no act or omission of a user;
(b) was in a user's lawful possession prior to the disclosure and had not
been obtained by the user either directly or indirectly from OiHelp; or (c) is
lawfully disclosed to a user by a third party without restriction on
disclosure.
You agree that you will, at all times: (a) take all steps reasonably necessary
to hold the Confidential Information in trust and confidence; (b) not use the
Confidential Information in any manner or for any purpose not expressly
permitted by these Terms of Use or a separate written agreement between
you and OiHelp; and (c) not disclose any such Confidential Information to
any third party that is not a user without first obtaining OiHelp’ express
written consent on a case-by-case basis. You agree that these obligations
and covenants are necessary and reasonable in order to protect OiHelp.
You shall ensure that the same degree of care is used to prevent the
unauthorized use, dissemination, or publication of the Confidential
Information as you use to protect your own confidential information of a
like nature, but in no event shall the safeguards for protecting such
Confidential Information be less than a reasonably prudent business would
exercise under similar circumstances. You shall take prompt and
appropriate action to prevent unauthorized use or disclosure of such
Confidential Information.
Registration and Passwords
The Online Services may permit or require you to register or obtain a
password prior to permitting you to access certain portions of the Online
Services. You acknowledge and agree that you are responsible for
maintaining the confidentiality of your login ID and password, and are fully
responsible for all activities that occur under your login ID or Account. Your
password(s) are user-specific and may only be used by you. You agree to:
(a) notify us immediately of any unauthorized use of your login ID,
password, or Account, or any other breach of security involving access to
the Online Services through your Account; and (b) log out of your Account
at the end of each session.
You acknowledge and agree that you cannot and will not attempt to hold
us, our suppliers, affiliates, subsidiaries, joint ventures, third-party service
providers, and our respective employees, contractors, agents, officers, and
directors responsible for any liability, claims, or expenses arising from your
failure to comply with this section.
5. YOUR PROVISION OF PERSONAL INFORMATION TO US
Account Opening
When you provide information about yourself to us, such as when you
create an Account or through the careers portion of the Online Services,
you agree to: (a) provide accurate, current, and complete information about
yourself and your employer, and not to provide information that attempts
to impersonate another individual; and (b) maintain and promptly update
such information to keep it accurate, current, and complete. If you provide
any such information that is untrue, inaccurate, or incomplete, or we have
reasonable grounds to suspect that such information is untrue, inaccurate,
or incomplete, we retain the right to suspend or terminate any Account you
establish and/or to refuse any or all current or future use of the Online
Services or any portion thereof.
Privacy Policy
Our website privacy statement (“Privacy Statement”) is a part of these
Terms of Use and is incorporated herein by this reference. By accepting
these Terms of Use you agree to our collection, use, and disclosure of your
information as described in the Privacy Statement.
Click here to view the Privacy Policy.
6. LINKS TO OTHER WEBSITES AND ONLINE SERVICES
The Online Services may contain links to third-party websites and
applications for your convenience and information. OiHelp does not
control those third-party websites and applications, and we do not endorse
or make any representations about those third-party websites and
applications. You acknowledge and agree that we are not responsible for
the accuracy, copyright compliance, legality, decency, or any other aspect
of such websites and applications that are not under our control, and that
you will not hold us responsible for any harm that may arise based on your
access to or use of any linked website or application.
7. DISCLAIMER OF WARRANTIES
THE ONLINE SERVICES AND ALL INFORMATION AND CONTENT INCLUDED
IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR USE. THE ONLINE SERVICES AND ALL
INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE
ONLINE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. OIHELP DOES NOT WARRANT THAT
THE INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH
THE ONLINE SERVICES ARE ACCURATE, CURRENT, COMPLETE, OR ERRORFREE;
THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR THAT ANY REPORTED PROBLEMS MAY BE RESOLVED
WITH THE USE OF ANY INFORMATION THAT OIHELP PROVIDES THROUGH
THE ONLINE SERVICES. YOUR USE OF THE ONLINE SERVICES IS AT YOUR
SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY
TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE,
INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE ACCESS TO, USE OF, OR INABILITY TO USE THE
ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold us, our suppliers, affiliates,
subsidiaries, joint ventures, third-party service providers, and our
respective employees, contractors, agents, officers, and directors harmless
from any and all liability, claims, and expenses (including reasonable
attorneys' fees) that arise out of or are related to your violation of these
Terms of Use, your submission of any User-Provided Content, or your use
of the Online Services, including the accuracy or completeness of any
products, programs, and services received by you, or any data, information,
service, report, analysis, or publication derived therefrom.
10. MISCELLANEOUS
Choice of Law and Jurisdiction
You agree that all matters relating to your access to, and use of, the Online
Services shall be governed by the Indian Law.
All disputes arising under, out of, or in any way connected with these Terms
of Use or your use of the Online Services shall be litigated in the courts at
Meghalaya, India and you hereby submit to the personal jurisdiction of said
courts and consent to the service of process, pleadings, and notices in
connection with any and all actions initiated in said courts.
You and OiHelp agree to submit to the jurisdiction of, and agree that venue
is proper in, these courts in any such action or proceeding, and that a final
judgment in any such action or proceeding shall be conclusive and binding
and may be enforced in any other jurisdictions.
Equitable Relief
You acknowledge that any breach or threatened breach of these Terms of
Use will result in irreparable harm for which damages would not be an
adequate remedy, and therefore that we are entitled to seek immediate
equitable relief, including injunctive relief, in addition to our rights and
remedies otherwise available at law.
Notices or Communication
You agree that OiHelp may provide any notice or communication to you
required or permitted under these Terms of Use to any contact information
you have provided to OiHelp, including, but not limited to, a mailing address
or e-mail address.
Severability
If any provision of these Terms of Use is held unenforceable or invalid
under any applicable law or is so held by an applicable court decision, such
unenforceability or invalidity will not render these Terms of Use
unenforceable or invalid as a whole, and such provision will be changed
and interpreted so as to best accomplish the objectives of such
unenforceable or invalid provision within the limits of applicable law or the
applicable court decisions.
Waiver
Any waiver by us of a breach of any provision of these Terms of Use shall
not operate as or be construed to be a waiver of any other breach of such
provision or of any breach of any other provision of these Terms of Use.
Any such waiver must be in writing. Failure by us to insist upon strict
adherence to any term of these Terms of Use on one or more occasions
shall not be considered a waiver or deprive us of the right to insist upon
strict adherence to that term or any other term of these Terms of Use in
the future.
Assignment
You agree that you may not assign these Terms of Use or any interest
herein including, but not limited to, by sublicensing or delegating any
obligation hereunder, without the prior written consent of OiHelp.
Entire Agreement
These Terms of Use constitute the entire agreement between you and us
with respect to the subject matter contained herein and supersede all
previous agreements, statements and understandings from or between
you and us regarding the subject matter contained herein.
Contact Us
If you have any questions or concerns about the Online Services or these
Terms of Use, please contact us at [email protected]