Terms of Services

1.PREMISE

FireCompass through the website works to help organizations discover and compare the right security solutions for their specific needs (in a completely vendor neutral manner).

The terms as hereinafter appearing, the privacy policy, and the downloading, activation and other instructions, shall govern use of the website, its contents, services available at or through the website offered to the customers/you (collectively “use of services” or “services”). These terms, the privacy policy, and the downloading, activation and other instructions are collectively referred to as “these Terms” or “the Term of services” or this Agreement”.

BY REGISTERING, LOGGING IN, OR DOWNLOADING, INSTALLING, ACTIVATING OR USING FIRECOMPASS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.  IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT [email protected]

YOU MUST GO THROUGH THESE TERMS (INCLUDING PRIVACY POLICY, AND OTHER RELATED TERMS & CONDITIONS AS PROVIDED ON THE WEBSITE) BEFORE REGISTERING, LOGGING IN OR DOWNLOADING, INSTALLING, ACTIVATING OR OTHERWISE MAKING USE OF SERVICES. These terms are enforceable against you or any entity using FIRECOMPASS or otherwise made use of services. If you do not agree, do not otherwise make use of services.

FireCompass reserves the right to change these terms at any time without any prior intimation. You are advised that any amendment to these terms or policies incorporated herein will only be notified on/through the Website or accessible links and you agree to read these terms before making use of services. The revised version/ terms shall be effective from the time the same is made publically assessable on /through any link on the Website.

 

FireCompass permits you to make use of services only in accordance with these terms. Use of third party items /platform in relation to the use of FIRECOMPASS may be subject to terms & conditions of such Third Party. You will also be required to accept and follow such terms & conditions. Such terms & conditions of Third Party will supersede all or portions of these terms in the event of a conflict.

2. TERMINOLOGY

Following words used in this presents/terms have following meaning:

 “Device” includes android mobile handsets which support Software/ applications;

Otherwise made use of services” or “otherwise make use of services” shall mean use of any services including visiting, registering, logging in of FIRECOMPASS.

 “FireCompass server” denotes the server maintained by FireCompass for the facilitating of the FireCompass Services;

“FireCompass Services” or “Services” denotes the services provided by FireCompass through the website of FIRECOMPASS and other allied or ancillary services as is informed through website.

 “Website” means the website www.firecompass.com through which the user can make use of FIRECOMPASS services;

 

3. ELIGIBILITY

By making use of the services of FireCompass you agree and warrant that: (i) You are above 18 years of age; (ii) You are a person of sound mind and not un-discharged insolvent; (iii) You are otherwise not incompetent to contract within the meaning of Indian Contract Act, 1872. If you making use of services as a business entity, by accepting this Agreement, you represent that such entity has sufficient authority under applicable law to enter into this Agreement and you are duly authorized by the business entity to accept this Agreement and you have the authority to bind that business entity to this Agreement.

4.REGISTRATION, INFORMATION AND COMMUNICATION

In order to access services, you are required to register and open a personal account, providing your personal information. You will be solely liable and responsible for all activities that occur under your account. You acknowledge and agree that you are solely responsible for maintaining secrecy and confidentiality of your username and password and other information provided.

 

You further acknowledge and agree that while making use of services you will provide yours true, accurate and complete information. You will be solely liable & responsible for providing wrong information. You are also solely responsible to maintain and promptly update the information provided while making use of services on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. You are prohibited from misrepresenting your identity or using identity of any other person while making use of services provided by FIRECOMPASS.

 

If provided information is untrue, inaccurate, not current or incomplete or FireCompass has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, its reserves the right to indefinitely suspend or terminate or block your use or access to the Website or use of FIRECOMPASS in any manner whatsoever.

 

You hereby acknowledge and accept that FIRECOMPASS will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. FireCompass, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of your username and password.

 

You acknowledge and agree that you will keep yourself updated with all data, information and communication pertaining to you made available on the Website in relation to FIRECOMPASS or other services. You further agree that your use of the Website/ FIRECOMPASS or provision of any data or information including any correspondence (by email or otherwise) to or by FireCompass is through electronic records and you consent to receive communication from FireCompass via electronic records which will be deemed adequate service of notice.

5.OWNERSHIP: USE OF SERVICES

The Website contains the description of services offered, other special features and tools, if any and other relevant information of the services rendered through the website. FireCompass reserves its right to vary the content from time to time. You can use the services provided by FireCompass for non-commercial purposes ONLY.

 

We have right to use the content in connection with the services, however we do not claim ownership in any content that you upload, provide, make available or otherwise transfer on the services. you grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world by posting any Content on the Services. No compensation will be paid with respect to the Content that you post through the Services. You should only post Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. We also have right to use your organization logo and name to represent you as our user and to use the name and logo of your organization for marketing purposes which may include but not limited to promotional materials, member or user list, and other marketing or technical write-ups unless first notified to us.

 

The Services have FireCompass content and may have third party content (licensor’s content). We/our Licensor retain all proprietary rights in the FireCompass/Licensor’s Content and we/our Licensor own and retain all proprietary rights in the Services. Provided you are a User, and subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print from the Services solely for your personal use in connection with using the Services.

6.SOCIAL SIGN IN

FireCompass may, from time to time, give you the possibility to register an account by logging with third party social networking sites (including, but not limited to, Facebook, Twitter, LinkedIn, etc.). As part of the functionality of the Website, you may link your Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to FireCompass through the Website; or (ii) allowing FireCompass to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to FireCompass and/or grant FireCompass access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating FireCompass to pay any fees or making FireCompass subject to any usage limitations imposed by such third party service providers. By granting FireCompass access to any Third Party Accounts, you understand that FireCompass will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account so that it is available on and through the Website via your Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or FireCompass’s access to such Third Party Account is terminated by the third party service provider, then Third Party Account Content will no longer be available on and through the Website. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

7.REPRESENTATIONS,  WARRANTY & COVENANT OF THE USER

You represent and warrant that (i) Your use of the Service will be in strict accordance with the FireCompass Privacy Policy, this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and (ii) Your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

 

You further acknowledge and agree that you may not permit, assist or allow any third party to: (a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute any FireCompass’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, website; (b) access or use this Website or any FireCompass’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on Your own or any third party’s website, platform or other online space or means; (c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the FireCompass’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any FireCompass’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies; (d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any of our servers to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means; (e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website; (f) breach the protection, security or authentication measures on the Website or on the Digital Platform; (g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity; (h) exploit or use the Website, any FireCompass’s Content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Website term of services or solicit the performance of any illegal activity or other activity which infringes the rights of FireCompass or others; (i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website or of the Digital Platform, or any systems or networks connected to the Website or to the Digital Platform; (j) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or of the Digital Platform or any transaction being conducted on the Website or on the Digital Platform, or with any other person’s use of the Website.

 

You represent and warrant that: (a) you own the content posted by you on the website/services or otherwise you have right to grant the license set forth in this Agreement; (b) your content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, (c) by providing or posting your content, you do not violate any confidentiality, non disclosure, or contractual obligations you might have towards a third party, including your current or former employer or any potential employer, (d) any information you provide in a product review and vendor review is correct, and (e) any information you provide about your current, past or potential status as an employee of a certain employer is correct and complete. Please make sure that you only provide information to the services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality, non- disclosure or contractual obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be publically accessible.

 

You also agree that any use of the services in violation of this agreement may result in, among other consequences, termination or suspension of your rights to use the services. We may disclose information about your use of the services in accordance with our privacy policy. We have the right(but not the obligation) to review any content and delete (or modify) any content that in our sole discretion violates this agreement or which is prohibited content, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this agreement, including without limitation, removing content from the services (or modifying it), terminating your membership and account, reporting you to law enforcement authorities, and taking legal action against you. You are solely responsible for creating backup copies of and replacing any content you post on the services at your sole cost and expense.

 

You will also not: (i) cover or obscure any advertisements on the services, or on the FireCompass’s page via HTML/CSS, scripting, or any other means, (ii) interfere with, disrupt, or create an undue burden on the services or the network or services connected to the services; (iii) introduce software or automated agents to the services, or access the service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the services; or (iv) interfere with, disrupt, or modify any data or functionality of the services.

 

FireCompass reserve the right to discontinue or suspend Your access or use of the Website or of the Digital Platform, without notice, if (I) FireCompass reasonably deem you have violated the these terms of services or (II) FireCompass reasonably deem such a measure necessary for security reasons.

 

8.THIRD PARTY CONTENT 

The contents from other Users, Advertisers, vendors and other third parties are made available to you through services. We don’t control such contents and thus you agree that (a) we are not responsible for any such content, including adverting and information about third party products or services, and product-and vendor –related information provided by other members through product reviews, vendor reviews, and forums. (b) We make no guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that is made available by other users, advertisers and third parties.      

 

9.THIRD PARTY PLATFORM

FIRECOMPASS may require you to register on any third party platform. You undertake to go through the term & conditions of such third party platform before registering yourself and also to abide by those terms & conditions.  FIRECOMPASS may also may allow you to access and interoperate with third party content, software applications, and data services, including rich Internet applications (“Third Party items”). Your access to and use of any Third Party items, including any goods, services, or information, is governed by the terms and conditions respecting such offerings and copyright laws. Third Party items are not owned or provided by FireCompass. You agree that you will not use any of such Third Party items in violation of copyright laws. FireCompass or the third party may at any time, for any reason, modify or discontinue the availability of any Third Party items. FireCompass does not control, endorse, or accept responsibility for Third Party items. Any dealings between you and any third party in connection with a Third Party items, including such party’s privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Third Party items might not be available in all languages and FireCompass or the third party may, at any time and for any reason, modify or discontinue the availability of any Third Party items.

 

EXCEPT AS EXPRESSLY AGREED BY FIRECOMPASS OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF FIRECOMPASS AND THIRD PARTY OFFERINGS IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS.

 

 10.DISCLAIMER.

THE SERVICES ARE DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, ENDORSEMENTS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

NOTHING IN THIS AGREEMENT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE FIRECOMPASS OR OTHER PRODUCTS AFTER TERMINATION OF THIS AGREEMENT.

 

Service(s).

(i)        EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, EACH SERVICE IS PROVIDED OR MADE ACCESSIBLE “AS IS” AND “AS AVAILABLE”, WITHOUT CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND BY FIRECOMPASS.

 

(ii)       FIRECOMPASS DOES NOT WARRANT OR PROVIDE AN OTHER SIMILAR ASSURANCE WHATSOEVER THAT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, CONTINUED AVAILABILITY OF ANY SERVICE, OR THAT ANY MESSAGES, CONTENT OR INFORMATION SENT BY OR TO YOU WILL BE ACCURATE, TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.

 

Third Party Items and Third Party Services, Linked Sites.

(i)        EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THE THIRD PARTY SERVICES AND THIRD PARTY ITEMS ARE NOT UNDER THE CONTROL OF FIRECOMPASS, FIRECOMPASS DOES NOT ENDORSE ANY PARTICULAR THIRD PARTY ITEMS OR THIRD PARTY SERVICES, AND FIRECOMPASS HAS NO RESPONSIBILITY WHATSOEVER FOR YOUR SELECTION, USE, ACCESS, OR IMPLEMENTATION OF THE THIRD PARTY SERVICES OR THIRD PARTY ITEMS.

 

(ii)      Without limiting the foregoing, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, ALL THIRD PARTY ITEMS AND THIRD PARTY SERVICES used by you in conjunction with FIRECOMPASS, on an “AS IS” AND “AS AVAILABLE” basis, WITHOUT ANY CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, AND FIRECOMPASS sHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE   THIRD PARTY items, or THIRD PARTY SERVICES, INCLUDING, WITHOUT LIMITATION:  (A) THE ACCURACY, TRANSMISSION, TIMELINESS OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY items, OR third party services, OR  of any portion of the software that is designed soleLy to enable such access; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE THIRD PARTY items, or THIRD PARTY SERVICES; OR (C) THE INTEROPERABILITY OF THE THIRD PARTY items, or THE THIRD PARTY SERVICES WITH ALL OR A PORTION OF FIRECOMPASS.

 

(iii)      without limiting the foregoing, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, yOU SPECIFICALLY AGREE FIRECOMPASS IS NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL third party services, THIRD PARTY items or FOR any third PARTY items or third party services OR THE TRANSMISSION THEREOF, THAT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.  YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY THIRD PARTY items, or THIRD PARTY SERVICEs, SHALL BE SOLELY AGAINST THE RELEVANT THIRD PARTIES.

11.ADDITIONAL DISCLAIMERS

FIRECOMPASS, IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING (IN ANY MANNER WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OUT OF OR IN CONNECTION WITH THE WEBSITE/USE OF SOFTWARE.

 

FIRECOMPASS’S ASSOCIATES, AFFILIATES AND SERVICE PROVIDERS AND TECHNOLOGY PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, AND/OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THAT THE OPERATION OF THE WEBSITE OR THE USE AND OPERATION OF THE SOFTWARE OR GATEWAY PARTNER WILL BE ERROR FREE AND/OR UNINTERRUPTED. FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE OR ANY DELAY, FAILURE, INTERRUPTION OR ERRORS IN THE OPERATION OF THE WEBSITE OR THE SOFTWARE OR GATEWAY PARTNER OR FOR OTHER SERVICES.

 

12.INDEMNITY

You shall indemnify and hold harmless FireCompass from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this including policies incorporated herein by reference, or your violation of any law, rules or regulations or the third party’s policy, terms & conditions.

13.PRIVACY AND COLLECTION OF PERSONAL INFORMATION.

The personal information / data including but not limited to the Information provided by you to the Website hall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under.

 

By using the Website and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Website by FireCompass. FireCompass does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and FireCompass only uses your information in the manner described in the Privacy Policy. If you do not agree to your Information being transferred or used in this way please do not use the Website.

 

The Website/FIRECOMPASS, Support or services employs applications and tools to collect user’s information, materials etc. (which may include identifiable, sensitive or non –public information or other information). By entering into this Agreement, or using FIRECOMPASS, Support or services, you and users agree to this Privacy Policy and to the collection, processing, copying, and backup, storage, transfer and use of this Data by FireCompass. You are solely responsible for securing any privacy-related rights and permissions from your users as may be required by local law or by your internal policies. This privacy policy is in furtherance of the privacy policy displayed on the website for its use.

14.BREACH

FireCompass may at its sole discretion, without limiting other remedies it may have in law and equity, take such action as it deems fit indefinitely suspend or terminate or block your Services, and/or refuse to provide you with access to the Website, use of Software or initiate any legal action it may deem fit, particularly in the event:

(i)        You breach any of the provisions of these terms including any of the policies, documents, terms and conditions made there under which are incorporated therein by reference;

 

(ii)      FireCompass is unable to verify or authenticate any information provided by you;

 

(iii)    FireCompass believes that your actions may cause legal liability toFireCompass, other Users or yourself.

No actions, omissions or decisions taken byFireCompass shall waive any rights or claims thatFireCompass may have against the User.

 

When you are suspended or blocked, you shall not register or attempt to register with the Website or use the Website or attempt to use or use FIRECOMPASS in any manner whatsoever until such time that you are reinstated for such use. Reinstatement shall be at the sole discretion ofFireCompass.

 

You shall have no claim of any nature whatever againstFireCompass, in caseFireCompass exercises its right under this clause. If you may any kind of claim, such claim shall be deemed non-existence or non-maintainable.

15.INTELLECTUAL PROPERTY OWNERSHIP, RESERVATION OF RIGHTS.

FIRECOMPASS, documentation and related information provided to you by FireCompass are the intellectual property ofFireCompass. The structure, organization, and code of FIRECOMPASS are the valuable intellectually property (e.g. trade secrets and confidential information) of FireCompass. FIRECOMPASS is protected by law, including without limitation the copyright laws of India and other countries, and by international treaty provisions.

Neither You nor Your Authorized Users acquire hereby any ownership right, title or interest in or to any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright, database rights or rights in any confidential information or trade-secrets, in or relating to FIRECOMPASS or any part thereof.  No title and/or any right of possession to the FireCompass Product(s) (if any) is granted by virtue of this Agreement.  Any rights not expressly granted herein are expressly reserved  There are severe penalties, both civil and criminal, for intellectual property infringement. You agree that nothing in this Agreement shall adversely affect any rights and recourse to any remedies, including, without limitation, to injunctive relief, thatFireCompass may have under any applicable laws relating to the protection of FireCompass’s intellectual property or other proprietary rights.

16.COPYRIGHT POLICY

It is our policy to terminate the membership and privileges of any member who infringes copyright upon prompt notification to us by the copyright owner or his/her legal agent. If you believe that your work has been copied and has been posted in such ways that constitutes the infringement of the copyright laws then inform us as [email protected] with the following details: (i) an identification of the copyright work that you claim has been infringed. (ii) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.  (iii) A description of where the material is located on the services. (iv) your address, telephone number and e-mail address (v) A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law (vi) a statement by you, made under penalty of perjury that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

17.CONNECTIVITY AND PRIVACY.

You acknowledge and agree to the following:

(i)        When you use FIRECOMPASS you may connect to the Firecompass’s server operated by Firecompass, or other third party. Your Internet Protocol address (“IP Address”) is sent when this happens. The Firecompass’s server or the other third party may use technology to send (or “serve”) advertising or other electronic content that appears in or near the opened file in Software. The Third party may also use JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements and to personalize advertising content. Your communication with such third party or third party websites is governed by the such Third party’s privacy policy. Firecompass may not have access to or control over features that a third party may use, and the information practices of third party or its websites are not covered by the Firecompass’s Privacy Policy.

 

(ii)       The use of information, including your IP Address, as provided by the update process is governed by the FireCompass’s Privacy Policy.

 

(iii)      FIRECOMPASS may allow third parties to store your certain information. The type and amount of information that the third party application requests to be stored can vary by application and such requests are controlled by the third party.

 

(iv)      If your device is connected to the Internet, FIRECOMPASS may, without additional notice and on an intermittent or regular basis, facilitate your access to content and services that are hosted and maintained by FireCompass or its affiliates. FireCompass reserves the right to begin charging a fee for access to or use of FireCompass Service that was previously offered at no charge. When the Software connects to the Internet as a function of an FireCompass your IP Address, user name, and password may be sent to FireCompass’s servers and stored by FireCompass in accordance with the Additional Terms of Use or the “help” menu in the Software. This information may be used by FireCompass to send you transactional messages to facilitate the FireCompass Service. Please note that the FireCompass Privacy Policy allows tracking of your website visits, software use in detail and use of cookies, web beacons, and similar devices.

18.CONFIDENTIALITY AND NO REVERSE ENGINEERING.

You acknowledge and agree that FIRECOMPASS was: (a) developed at considerable time and expense.  This Agreement gives You no right to obtain from FireCompass or its distributors any source code for FIRECOMPASS, and, except to the extent that FireCompass is expressly precluded by law from prohibiting these activities, You agree that neither You nor Your Authorized Users will alter, modify, adapt, create derivative works, translate, deface, or Reverse Engineer FIRECOMPASS, or attempt to do so, or permit, acquiesce, authorize or encourage any other party to do the same.  For the purpose of this Agreement, “Reverse Engineer” includes any act of reverse engineering, translating, disassembling, decompiling, decrypting or deconstructing (including any aspect of “dumping of RAM/ROM or persistent storage”, “cable or wireless link sniffing”, or “black box” reverse engineering) data, software (including interfaces, protocols, and any other data included in or used in conjunction with programs that may or may not technically be considered software code), service, or hardware or any method or process of obtaining or converting any information, data or software from one form into a human-readable form.

 

19. TERM & TERMINATION

This Agreement shall be effective upon your agreeing to be bound by the terms of this Agreement (as described in the preamble above) and shall continue in effect whether you are a visitor or a member unless terminated in accordance with the provisions set out herein.

 

Remedies and Termination for Default.

(a)        If You or Your Authorised Users breach this Agreement, Firecompass may, in addition to all other rights and remedies provided by this Agreement or by law, immediately terminate this Agreement and/or cease to provide any Service(s) to You or Your Authorised Users in relation to FIRECOMPASS.  Where you have provided Firecompass with accurate contact information, Firecompass shall provide you with notice of termination.

 

(b)       Without limiting the generality of the foregoing sentence, You will be deemed to be in breach of this Agreement and FireCompass will have the right to terminate this Agreement upon providing notice if:

(i)        You or Your Authorised Users fail to comply with or perform a term or condition herein;

(ii)       You materially contravene any other license agreement or terms of service that You may have with FireCompass for any portion of services used by You or Your Authorised Users, including, without limitation, the terms of any agreement that You have agreed to on a FireCompass website or otherwise;

(iii)      You or any of Your Authorised Users interfere with FireCompass’s customer service or business operations; or

 

(c)        In addition, FireCompass may terminate this Agreement and/or immediately cease to provide the Service(s) without any liability whatsoever to You or Your Authorized Users if Firecompass is prevented from providing any portion or all of any Service by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other governmental body, or if a notice from a government agency or department indicates that FireCompass is not permitted to provide any portion or all of the Services.

 

(d)       Nothing herein shall be construed to require FireCompass to seek a waiver of any such law, rule, regulation, or restriction, or seek judicial review or appeal of any court order.  FireCompass shall not have any liability to you or Your Authorised Users arising from or related to the termination of this Agreement in accordance with this Section.

Please note that even if you delete your account but continue to use the services as a visitor, your use of the services will still be subjected to this agreement.

The certain provisions of this Agreement which is intended to be survived the termination of this Agreement shall survive the termination, cancellation or expiration of this Agreement for any reason.

20.GOVERNING LAW.

This agreement will be governed by and construed in accordance with the substantive laws in force in the Republic of India. The courts at Bangalore, India shall have exclusive jurisdiction over all disputes relating to this agreement. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Bangalore, India in accordance with the provisions of (Indian) Arbitration & Conciliation Act, 1996 or any statutory modification or replacement thereof. There shall be one arbitrator, selected by FireCompass. The language of the arbitration shall be English. Notwithstanding any provision in this agreement, FireCompass or you may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies. The English version of this agreement will be the version used when interpreting or construing this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction, the application of which is expressly excluded.

21.GRIEVANCE REDRESSAL/DISPUTE RESOLUTION

You agree that in case of any grievance, objections, complaint, dispute differences, whether it relates to use of website, other users, content of website, privacy, order, and product or any thing or circumstances relating to aforesaid or others or in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or other agreement, the same shall be resolved as per the following procedure:

(i)  You shall address your grievance to designated Grievance Officer at [email protected] and provide him/her all necessary information/documents to enable him/her to resolve the issues. The name and contact details of Grievance officer is mentioned in the Privacy Policy;

 

(ii)       If your grievance/dispute/differences is not resolved within a period of 30 days from the date of lodging of complaint or such other period as may be deemed necessary by the Grievance officer, the same shall be referred to conciliation of a conciliation officer appointed by the FireCompass, which shall be conciliated at Bangalore, India. You may participate in conciliation through mail exchange, telephone, fax, or other electronic medium.

 

(iii)      If the aforesaid conciliation fails, the dispute/differences shall be referred to the sole arbitrator appointed by the FireCompass, which arbitrator shall not be employee of the FireCompass. The sole arbitrator shall conduct the arbitration proceeding as per the provisions of [Indian] Arbitration & Conciliation Act, 1996 or any statutory modification or enactment thereof. The place of arbitration shall be at Bangalore, India and language used English. The award passed by the sole arbitrator shall be final and binding upon you as well as FireCompass

22. GENERAL PROVISIONS.

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement may only be modified by a writing signed by an authorized officer of FireCompass. Updates may be licensed to you by FireCompass with additional or different terms. This is the entire agreement between FireCompass and you relating to the use of Website/downloading and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.

 

Except as explicitly stated otherwise, any notices directed to FireCompass shall be given by email to [email protected] and any notices to you by FireCompass shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 

FireCompass at its sole discretion shall be entitled to assign or transfer its rights and obligations under this Agreement hereunder to any other person without your prior consent.

 

All remedies of FireCompass under this Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

 

This user agreement, or privacy policy, and other related information published on website has been published in accordance with rules of Information Technology (Intermediaries guidelines) Rules, 2011.

 

No party to this Agreement shall be deemed to have waived any of its rights, powers or remedies under this Agreement unless such waiver is expressly set forth in a writing signed by the waiving party. No written waiver of any provision of this Agreement shall be deemed to be, or shall constitute, (i) a waiver of any other provision of this Agreement, whether or not similar, or (ii) a continuing or subsequent waiver of the same or another provision of this Agreement. The failure of either party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of any such provisions, or in any way affect the validity of either party to enforce each and every such provision thereafter.

 

The captions and headings of Sections and subsections contained in this Agreement are provided for convenience of reference only and shall not be considered a part hereof for purposes of interpreting this Agreement, and, way the meaning or intent of this Agreement or any of its terms or provisions.

 

This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT  [email protected] .