THESE TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS” OR “AGREEMENT”) ARE AGREED BETWEEN BTS AMRITA INFOTECH PVT LTD OR ITS AFFILIATE, WHICHEVER IS THE SELLER (“SELLER”) AND THE ENTITY (“CUSTOMER”) TO WHICH SELLER IS MAKING A SALE (“SALE”) OF ONE OR MORE “SALES OFFERINGS” (MEANING PRODUCTS, PRODUCT SUPPORT AND SERVICES) UNDER A “TRANSACTION DOCUMENT” (MEANING A PURCHASE ORDER OR STATEMENT OF WORK) AND FORM AN AGREEMENT, EXCLUSIVELY GOVERNING SUCH SALE EFFECTIVE ON THE EARLIER OF THE DATE WHEN SUCH TRANSACTION DOCUMENT IS “EXECUTED” (MEANING, WITH RESPECT TO A PURCHASE ORDER, THE DATE ON WHICH SUCH PURCHASE ORDER IS ACCEPTED BY SELLER, AND WITH RESPECT TO A STATEMENT OF WORK, THE DATE THAT IS IDENTIFIED AS THE EFFECTIVE DATE, OR IN THE ABSENCE OF SUCH IDENTIFIED EFFECTIVE DATE, WHEN THE STATEMENT OF WORK IS COUNTERSIGNED) AND THE DATE WHEN SELLER INITIATES PERFORMANCE HEREUNDER AT CUSTOMER’S REQUEST (“AGREEMENT EFFECTIVE DATE”). THESE TERMS AND CONDITIONS MAY BE UPDATED FROM TIME TO TIME BY SELLER WITHOUT PRIOR NOTICE; PROVIDED THAT THE VERSION OF THESE TERMS AND CONDITIONS POSTED ON THIS WEBSITE AT THE TIME THE TRANSACTION DOCUMENT IS EXECUTED SHALL BE THE AGREEMENT THAT GOVERNS SUCH TRANSACTION DOCUMENT. NOTWITHSTANDING THE FOREGOING, IF THE PARTIES HAVE ENTERED INTO A SEPARATE, EFFECTIVE AGREEMENT APPLICABLE TO SUCH TRANSACTION DOCUMENT (“SEPARATE AGREEMENT”), THEN THESE TERMS AND CONDITIONS SHALL NOT APPLY TO SUCH TRANSACTION DOCUMENT AND SHALL NOT GOVERN SUCH SALE, AND INSTEAD SUCH SEPARATE AGREEMENT SHALL GOVERN SUCH SALE.

IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND A SEPARATE AGREEMENT, THE SEPARATE AGREEMENT SHALL PREVAIL. IN THE EVENT OF A CONFLICT BETWEEN THE TRANSACTION DOCUMENT AND THESE TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL PREVAIL, AND ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM ASSOCIATED WITH THE TRANSACTION DOCUMENT OR OTHERWISE PROVIDED BY CUSTOMER, OTHER THAN THE “TRANSACTION SPECIFICS” (MEANING THE NUMERICAL AND OTHER IDENTIFYING INFORMATION NECESSARY TO THE SALE, INCLUDING WITHOUT LIMITATION PRICE, QUANTITY, PRODUCT NAMES AND/OR CODES, AND DELIVERY AND/OR INVOICE ADDRESSES), ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS OF THESE TERMS AND CONDITIONS, ARE HEREBY REJECTED, AND ARE NULL AND VOID; PROVIDED THAT CONFLICTING TERMS AND CONDITIONS IN A STATEMENT OF WORK THAT EXPRESSLY STATE THAT THEY SUPERSEDE CERTAIN SPECIFIED PROVISIONS OF THESE TERMS AND CONDITIONS SHALL PREVAIL.

AS USED HEREIN, “PARTY” MEANS SELLER OR CUSTOMER INDIVIDUALLY, AND “PARTIES” MEANS SELLER AND CUSTOMER COLLECTIVELY.

USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.

ACCEPTABLE WEBSITE USE

(A) Security Rules Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General Rules Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

LIABILITY

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.