Terms and Conditions of Use

Overview

The following are terms of a legal agreement between you and Phishnix Networks Pvt. Ltd. (together with its affiliates, "Phishnix") By accessing, browsing, or using this Site (this "Site"), you acknowledge that you have read, understood, and agree to be bound by these terms (as amended, modified and/or supplemented from time to time, these "Terms"). If you do not agree to these terms, please do not use this Site.

Phishnix may, without notice to you, at any time revise these Terms and any other information contained in this Site by updating this posting. Phishnix may also make improvements or changes in the products, services, or programs described in this Site at any time without notice.

General Permission to Use and Access and Use Limitations

Phishnix grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this Site, solely on your computer and for your personal, non-commercial use of this Site; provided, that such permission is subject to the following conditions:

  • You may not modify the content displayed on this Site,
  • You must keep intact all copyright, trademark, and other proprietary notices,
  • Your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. This Site and all content in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Phishnix' prior written consent. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

You agree to use the Site only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).

Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission expressly set forth in the preceding paragraphs, Phishnix does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You agree not to access (or attempt to access):

  • Any of the servers and/or networks which are connected to the Site (or conduct any IP scan or port scan thereof) or
  • The Site by any means other than through the interface that is provided by Phishnix, unless you have been specifically allowed to do so in a separate written agreement with Phishnix. You specifically agree not to access (or attempt to access) any of the Site through any automated means (including use of scripts or web crawlers).

You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Furthermore, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any underlying software or any part authorized in writing that you may do so by Phishnix. You may not mirror any of the content from this Site on another Web site or in any other media.

Proprietary rights

You acknowledge and agree that Phishnix (or Phishnix’ licensors) own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Phishnix, nothing in the Terms gives you a right to use any of Phishnix’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

Certain disclaimers

Phishnix makes no representations or warranties of any kind express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Phishnix disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. Phishnix assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. This site may include inaccuracies, mistakes or typographical errors. Phishnix does not warrant that the content will be uninterrupted or error free. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.

Phishnix provides no assurances that any reported problems will be resolved by Phishnix, even if Phishnix elects to provide information with the goal of addressing a problem.

Confidential information

You further acknowledge that the Site may contain information which is designated confidential by Phishnix and that you shall not disclose such information without Phishnix’ prior written consent.

Phishnix does not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to Phishnix will be deemed NOT to be confidential. By sending Phishnix any information or material, you grant Phishnix an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Phishnix is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:

  • We obtain your permission to use your name;
  • We first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or
  • We are required to do so by law. Personally-identifiable information that you submit to Phishnix for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Phishnix’ privacy policies.

Business relationships

This Site may provide links or references to non-Phishnix Web sites and resources. Phishnix may have no control over any web sites or resources which are provided by companies or persons other than Phishnix. Phishnix makes no representations, warranties, or other commitments whatsoever about any non-Phishnix Web sites or third-party resources that may be referenced, accessible from, or linked to any Phishnix site. A link to a non-Phishnix Web site does not mean that Phishnix endorses the content or use of such Web site or its owner. In addition, Phishnix is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Phishnix site. Accordingly, you acknowledge and agree that Phishnix is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Phishnix Web site, even one that may contain the Phishnix-logo, please understand that it is independent from Phishnix, and that Phishnix does not control the content on that Web site. You acknowledge and agree that Phishnix is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Furthermore, it is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this Site

All links to this Site and the pages that are activated by the link may not:

  • Create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site;
  • Misrepresent your relationship with Phishnix;
  • Imply that Phishnix approves or endorses you, your Web site, or your service or product offerings; and
  • Present false or misleading impressions about Phishnix or otherwise damage the goodwill associated with the Phishnix name or trademarks. As a further condition to being permitted to link to this Site, you agree that Phishnix may at any time, in its sole discretion, terminate permission to link to this Site.
  • This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Phishnix is not responsible for the operation of or content located on or through any such site.
  • DISCLAIMER OF WARRANTY

    Use of this site is at your sole risk. This site and all materials, information, products, software, programs, and services are provided "as is" and “as available” with no warranties or guarantees whatsoever. Phishnix expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Phishnix makes no warranty or guarantee that this web site will be uninterrupted, timely, secure, or error-free.

    Without limitation of the foregoing, Phishnix and its licensors do not represent or warrant to you that:

    • Your use of the site will meet your requirements,
    • Your use of the site will be uninterrupted, timely, secure or free from error,
    • Any information obtained by you as a result of your use of the site will be accurate or reliable, and
    • That defects in the operation or functionality of any part of the site will be corrected.

    Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

    No advice or information, whether oral or written, obtained by you from Phishnix or through or from the site shall create any warranty not expressly stated in these terms. Phishnix further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

    LIMITATION OF LIABILITY

    Subject to the last paragraph of this section, you expressly understand and agree that Phishnix and its licensors shall not be liable to you for:

    • Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you arising out of or in connection with this site or any resource linked to, referenced, or accessed through this site, or for the use or downloading of, or access to, any materials, information, products, or services, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or site, or other intangible loss;
    • Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
    • Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the site;
    • Any changes which Phishnix may make to the site, or for any permanent or temporary cessation in the provision of the site (or any features within the site);
    • The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the site; or
    • Your failure to keep your password or account details secure and confidential.

    The limitations on Phishnix’ liability to you in this section above shall apply whether or not you have been advised of or should have been aware of the possibility of any such losses arising.

    Nothing in these terms, including this and the preceding section, shall exclude or limit Phishnix’ warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

    You agree that you are solely responsible for (and that Phishnix has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Phishnix may suffer) of any such breach.

    Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

    Compliance Issues

    In using this Site, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations. Information Phishnix publishes on the World Wide Web may contain references or cross references to Phishnix products, programs and services that are not announced or available in your country. Such references do not imply that Phishnix intends to announce or make available such products, programs, or services in your country. Please consult your local Phishnix business contact for information regarding the products, programs, and services that may be available to you.

    Certain text in this Site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Phishnix makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

    Forward-looking and cautionary statements

    The information in this Site may contain forward-looking statements. Statements that do not describe historical or current facts, including statements about our beliefs and expectations, are forward-looking statements. These statements are based on current beliefs and expectations of our management and are subject to significant risks and uncertainties. Actual results may differ materially. Any such statements speak as of today, and we are not assuming any obligation to update any forward-looking statements in the future.

    Termination and effect of termination

    In addition to any other legal or equitable remedies,Phishnix may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Phishnix shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

    REVIEWS AND COMMENTS

    Subject to the provisions of this Agreement or on the Site, anything that you submit or post to the Site and/or provide Phishnix, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Phishnix shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Phishnix and are not returnable.

    Whenever you post comments or reviews to the Site, you also grant Phishnix the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by Phishnix will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead Phishnix or third parties as to the origin of any Submissions or Content. Phishnix may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

    Miscellaneous

    You agree that if Phishnix does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Phishnix has the benefit of under any applicable law), this will not be taken to be a formal waiver of Phishnix’ rights and that those rights or remedies will still be available to Phishnix. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the Phishnix group of companies shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with Phishnix under the Terms, shall be governed by Indian law. You and Phishnix agree to submit to the exclusive jurisdiction of the courts of Bangalore, India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Phishnix shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.