Terms of Use Policy

ACCEPTANCE OF AGREEMENT

  • Please read the terms carefully before using the website, contents provided by the Scanpoint Geomatics Limited (“SGL”) is subject to these terms of use. By accepting these terms of use by end-user or by using the software (“You”) You shall be deemed to accept these terms of use as mentioned herein.
  • These terms shall be applicable on all the users including but not limited to, visitors and any other who access or use the services. This will be considered as the binding contract. If you do not agree to these terms, please do not access or use the website of SGL.
  • You represent and acknowledge that you have the right and authority to act on behalf of and bind such entity and yourself by this agreement.

ENTIRE AGREEMENT

  • These terms of use represent the entire agreement between you and SGL with respect to the subject matter addressed herein and replace any prior agreements between you and SGL relating to such subject matter.
  • SGL reserve the right to amend, modify or replaced by other terms and condition from time to time. You are responsible for checking these terms of use periodically for changes and updates done by SGL from time to time. Your use of this website with respect to such posted changes and updates will be deemed an acceptance by you of such changes and updates.

USER ACCOUNT AND ACCOUNT BENEFITS

  • To purchase the software license you shall have to purchase IGiS CAD Software from SGL for a consideration as decided by SGL. You shall be solely responsible for anyone who generate access or avail the services through you or your account.
  • You shall be responsible for the security of your account and all the activity associated with your account. This will ensure that you are the authorized users for availing the services associated with your account. You shall secure and not to share your ID and Password. If you suspect unauthorized use of your account, please contact at designated email at support@igiscad.com.
  • You Shall ensure that the information provided at the time of sign-in continues to be true and complete.
  • Your account is designed to provide a place for you to access and manage your account information and obtains the right to access and other benefits you can access your account at anywhere through www.igiscad.com/login.

BENEFITS OF PURCHASE OF SOFTWARE AND AVAILING ANNUAL TECHNICAL SUPPORT

  • The end users, once having made the payment for purchase of the Software, will get the technical support (includes version upgrades updates (major as well as minor)) till the period of One year from the date of Installation and/or activation related to the software purchased. SGL may release the version (major as well as minor) upgrades, updates or any other notifications related thereto at its own discretion.
  • Once the Account is created it will remain for lifetime. After completion of One year from the date of Installation and/or activation, in case the end-users opting the services as provided vide the Annual Technical Support further, then the end-users will be required to pay the cost for the Annual Technical Support plus applicable taxes at the prevailing charges fixed by SGL, which reserves the right to modify the said charges or amount from time to time.

PRIVACY POLICY, CONFIDENTIALITY AND GENERAL DATA PROTECTION RIGHTS

  • SGL will protect the privacy of purchasers of Software, personal information of purchasers or users may be collected, used, stored and processed by SGL. You acknowledge that you have read the privacy policy.
  • You or SGL (as the “Disclosing Party”) may disclose or make available confidential information to the other party (“as the Receiving Party”) in connection with these terms. SGL may also disclose your confidential information to comply with any governmental or regulatory body request as a part of legal proceeding involving SGL or at your request. If disclosure is made at your request, you may be responsible for the cost of compiling and providing access to your confidential information.
  • For the purpose of General Data Protection Rights (“GDPR”) we collect and process some or all of the following information from you in the course of use of the website, services or any other information:
    • Information that you provide while signing in / signing up on the websites, availing of the services or requesting for the further information or services.
    • Details of your visits to the website including but not limited to, traffic data, location data, and other communications data and the resources that you access.
    • Registered users shall support us in maintaining the record of your personal data.

INTELLECTUAL PROPERTY RIGHTS

  • The information, brand name and other contents of SGL website including the software may not be copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior consent of SGL.

ADDITIONAL AGREEMENTS

  • You may have additional agreements signed directly with SGL that supplements or amend these terms. In addition, offerings may be subject to special terms and you agree to the special terms if any, for an offering that you obtain or access to use. If you do not agree to such special terms, you may not able to avail, to obtain, to access or use the offerings.
  • The contents, pages, of the website comply with applicable law in the country where the users has its business residence. SGL makes no representation that information, software are appropriate or available viewing or downloading at locations outside such country. If the end users access such SGL website from outside such country they are exclusively responsible for compliance with all applicable local laws. SGP shall not be responsible for access to SGL website information, software and/or documentation from countries where such content is unlawful or prohibited.
  • These terms of use shall be governed by and all the disputes relation to or in connection with these terms of use or their subject matter shall be resolved in accordance with laws of India and will be subject to the Ahmedabad Jurisdiction to the exclusions of its conflict of rules.
  • If any conflict arises between General terms herein and additional agreements or special terms, the additional agreement or special terms will prevail in relation to their subject matter. If any conflict arises between the additional agreement and special terms the additional agreement will prevail in relation to their subject matter.

LIMITATION OF LIABILITY

  • In no event SGL will be liable under any theory of liability, whether in legal, or common law of action arising under the contract, indemnity, tort (including negligence), arising out of or in connection with the use or performance of the site, any product services available through this site any software, information, content, documents, provisions of or failure to provide services available from or through this site, even if advised in advance of such damages or losses. The maximum liability of SGL for all losses, damages, constructive losses and constructive damages and causes of action, whether in contract, tort (including negligence) or otherwise shall be the total amount excluding taxes and other charges, if any paid by you at the time of purchasing or accessing the software.

PROPRIETARY RIGHTS

  • You agree that SGL shall have all ownership of and all rights with respect to the Software and other information or material provided or made available by SGL to you. The structure and the organisation, data structures and other externals and the source code of the offerings and the confidential information of SGL and You shall not disclose such information to the third parties or such other information for any other purpose other than as required for ordinary course access to and use of the offerings as set forth in these terms, without prior written consent of SGL.

DUTIES OF THE USER

  • In accessing or using the website the user shall not:
    • Breach public morality in its manner of use.
    • Violate any intellectual property rights or any proprietary rights.
    • Upload any contents containing virus or any other program that could damage the data.
    • Transmit, store or upload the hyperlinks or contents to which the user is not entitled, where such hyperlinks or contents are in breach of confidentiality obligations or unlawful.
    • Send unsolicited emails or inaccurate virus, defects or any similar activity.

INDEMNITY

  • You agree to indemnify against any losses, liabilities, expenses suffered or incurred by SGL by reason of any from any claim or demand, suit or proceedings arising out of your submission, your use of or connection to the site (including any use by you on behalf of your employer, or any other person), your violation of the terms, or your violation of any rights of another.

DISCLAIMERS

  • SGL shall endeavour to provide the most accurate, updated information contained in the site may at times contain typographical errors, technical inaccuracies and may be changed or updated without notice. We reserve the right without the prior notice to discontinue or change the specification on products and services offered on the site without obligations. From time to time we may make the suggestions or recommendations or that suggested or recommended products or services will meet your expectations.
  • The Site and the Content on the Site are provided by us on an “As-Is” And “AsAvailable” Basis.

TERMINATIONS OF LICENSE

  • SGL will terminate the Software license if the end-user/s fall under any of conditions as mentioned below
    • Failure to pay the consideration of Software to SGL,
    • If the end user is subject to any disciplinary court proceedings,
    • If the end users has gone under the liquidation process,
    • Initiation of the insolvency proceedings against the purchaser/end user,
    • Failure of user to comply with Terms of Use,

FORCE MAJEURE

  • SGL will not be liable to customer for any delay or failure of services to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of SGL such causes will include but are not limited to, Act of God, floods, fire, loss of electricity, market conditions or any other conditions beyond the control of SGL and delays on the part of customer side.

REFUND POLICY

  • The concept of SGL is unique where the users once registered their account they registered themselves for lifetime and they reserve the right to avail one time free demo of the product for the 30 days from the date of receipt of the activation key. After the expiration of 30 days of free demo either they can purchase the offerings or any other services. There shall be no refund for the products one purchased.

APPLICABLE LAWS, JURISDICTION AND VENUE

  • Notwithstanding anything contained herein this Terms of Use shall be governed by and construed in accordance solely with the laws of India without reference to conflict of laws principles. Any dispute arising out of or relating to this Terms of Use, or the breach thereof, which cannot be settled through negotiations, shall be finally settled through arbitration under the Indian Arbitration Act,1996 (as amended from time to time) by a sole Arbitrator. The Venue and Seat of Arbitration shall be Ahmedabad, India. The language of Arbitration shall be English. The Arbitrator shall have summary powers. The Arbitrator shall pass a reasoned Award. The Award shall be binding on the Parties to Arbitration. The Parties shall bear their respective lawyer’s fees. The cost of Arbitration shall be borne equally by the Parties to the Arbitration.
  • Subject to Arbitration clause, all disputes arising out of this Agreement, including for any interim measure for Arbitration shall be subject to jurisdiction of the Courts at Ahmedabad, India only.