Effective Date: October 31, 2018
Please read these terms and conditions carefully for using or accessing our Website (point105ar.com). If you do not agree with these terms, you cannot use our Services and Website.
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The Website at point105ar.com (hereinafter referred to as “Website”) is owned by Makesto Infotech Private Limited (hereinafter referred to as “Company”), having registered address at Old no 19, Flat 15, P. S. Sivaswami Salai, Mylapore, Chennai 600004.
- Sending an email to firstname.lastname@example.org, or
- Sending a letter to the address: Makesto Infotech Private Limited, Old no 19, Flat 15, P. S. Sivaswami Salai, Mylapore, Chennai, India – 600004.
For the purpose of these Terms of Service (“Terms of Service”/”Agreement”), the terms “Your”, “User”, “You” shall refer to you, the user of our services. The term “We”, “Us”, “Our”, “Company” shall mean Makesto Infotech Private Limited..
We reserve the right to modify the Terms of Service at any time. We will record the effective date of these terms and by using or accessing our Website, You accept and agree to be bound by this Agreement from the date of access.
We offer Services (hereinafter, “Services”) through the Website, point105ar.com. By signing up to use our Services, You subscribe to our Free Trial or a subscription to one of our Service Plans of Your choice. Through our Services, You can upload, edit, convert, manage, download and share 3D content (including mesh, materials, textures, images, artwork and such), collectively “Content”.
The Website and Services are under development and may contain bugs and errors. We could have temporary disruption in Services dues to errors, loss of data as well as loss of results generated by the Services. We will do everything in our capacity to restore operation of Services, as well as to restore data and results as soon as we can. However, You agree that We will bear no liability in respect to these.
In addition, You agree that the output or results of using our Services can be erroneous dues to Bugs or Errors in our Service. In this case, You agree that We will bear no liability in respect to these.
The Website and Services can have downtime when they are not available for use, Scheduled or otherwise, where We update the Services with newer features, bug fixes and such. We will make Commercially Reasonable efforts to ensure minimal disruption in operation of these Services and corresponding impact to Your usage of our Services.
We maintain full rights to use the information, know-how, intellectual property, processes, data and knowledge to use Our Service, contained, obtained, derived or ascertained from your usage of Services and the Website. This does not include the Content you upload.
Using this Website is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia includes insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the services offered on this Website, You may do so through Your legal guardian and Makesto Infotech Private Limited reserves the right to terminate Your access on knowledge of You being a minor and using the membership of the site.
We reserve the right to provide our Services free or charge, or charge payment, either one time or through paid subscriptions at Our sole discretion. We may modify or change our commercial terms and charges by sending you an email or posting the information on our website or in your account to notify You.
Creating an account is available only to those who are eligible. Please see Section 5 on Eligibility.
Further, You are solely responsible for protecting the confidentiality of Your name.
Any activity under the account will be deemed to have been done by You. In the event You provide Us with false and inaccurate details or Makesto Infotech Private Limited has a reasonable reason to believe that false and inaccurate information has been furnished, We hold the rights to permanently suspend Your account.
You own the rights to the Content uploaded by you. By uploading the Content on our Service, You agree to grant Us rights to process the content with our Services. Further, if there are errors or bugs caused in our Services due to some Content, you grant Us rights to examine the content through manual or automated inspection to identify and fix issues.
You acknowledge that You own Content you upload and have not infringed on Trademarks or violated any Copyrights. You also agree to indemnify Us for any Copyright violations or Trademark infringements with respect to Content that You upload.
You understand and acknowledge that We will not pay You or otherwise compensate for the Content.
If You choose to display your Outputs on our Website or Services as User Generated Content, You agree to grant Us worldwide, non-exclusive, perpetual, royalty-free, license to use, and display the Content through our Website and Services.
By using this Website, it is deemed that You have consented to receiving communication through Push Notifications and any messages within the Website from Us at any time for clarification, marketing and promotional purposes. We will not give out Your contact information to third parties not connected with our Website.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
10. LIMITED LICENSE TO USE
Strictly in accordance with these terms and solely for the duration of Your subscription to our Services, we grant You a personal, worldwide, royalty-free, non-exclusive, non-assignable, non-transferable, and revocable license to use Our Website and Services . If You are in violation of these terms, that would be deemed grounds for termination of Your account and license, as well as subjecting You to possible civil and criminal action.
Our Website and Services can require payment of charges described in Section 6, and failing to pay those charges would result in termination of Your account and license.
11. USER OBLIGATIONS
You are a restricted user of this Website.
11.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
11.2 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
11.3 In places where this Website allows You to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
- Publish, post, disseminate information that is false, inaccurate or misleading;
- Violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages, emails or video which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
12. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/ APP IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MAKESTO INFOTECH PRIVATE LIMITED MAKES NO WARRANTY THAT
- (I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- (II) MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- (III) ANY ERRORS OR DEFECTS IN THE WEBSITE/ APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MAKESTO INFOTECH PRIVATE LIMITED ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/ APP IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. MAKESTO INFOTECH PRIVATE LIMITED ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/ APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/ APP, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL MAKESTO INFOTECH PRIVATE LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTUOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/ APP, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. HOSTING OF THIRD PARTY INFORMATION
The website hosts information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but We are not responsible for the information so furnished. You agree to not hold Us liable for the falsification of any such provided information.
If You have queries or complaints regarding content that You find inappropriate or offensive, or if they infringe on copyrights, please write to Us with relevant details at email@example.com.
15. COMPLIANCE WITH LAWS
All users shall comply with all the applicable laws (including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the Government of India) applicable to them respectively for using Payment Facility and the Website.
16. DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
13.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
13.2 Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Chennai.
17. CONTACT US
If you have any questions about this Agreement, the practices of Makesto Infotech Private Limited, or your experience with this Website and other services, you can e-mail us at firstname.lastname@example.org.