1. USE OF THIS SITE
Welcome to www.binarysphere.com ("Site" or "BinarySphere" or “Website”).
This Site is owned and operated by BinarySphere Online Services Private Limited
(“Company” or “We” or ”Us“ or “Our”),
having its office at 7- 339, AG- 2, Opposite Hathi Bag, Main Road, Moti Daman, Daman – 396 220,
India by the customers and service providers (hereinafter collectively referred to as
“User(s)”/ “You”/ “Your”., You may be accessing our Site from a computer or mobile phone device
(through an iOS or Android application, for example) and these Terms of Use govern
your use of our Site and your conduct, regardless of the means of access.
By using the Platform, you confirm that you accept these Terms of Use and that you agree to abide by them.
The Site is only to be used for your personal non-commercial use and information.
Your use of the services and features of the Site shall be governed by these Terms and
Conditions (hereinafter "Terms of Use") along with the Privacy Policy, as modified and amended from time to time.
By mere accessing or using the Site, you are acknowledging, without limitation or qualification,
to be bound by these Terms of Use and the Polices, whether you have read the same or not.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE
TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use
the Site. You are responsible to ensure that your access to this Site and material available on or through
it are legal in each jurisdiction, in or through which you access or view the site or such material.
BinarySphere reserves the unilateral right to change the particulars contained in the Terms of Use or
the Policies from time to time and at any time, without notice to its users and in its sole discretion.
If BinarySphere decides to change the Terms of Use or Policies, BinarySphere will post the new version of
the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification
to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms
of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of
Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have
read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any
other applicable policies, including their dates, to understand the terms and conditions that apply to your use
of the Site.
2. PRIVACY PRACTICES
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy,
to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy
Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have
read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use
of personal information by BinarySphere in accordance with the terms of and purposes set forth in the Privacy
Policy, the same may be subject to amendment from time to time at the sole discretion of Binary.
3. YOUR ACCOUNT
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is
under the supervision of their guardians. Binary or its associates do not knowingly collect information from
minors. You will be responsible for maintaining confidentiality of your account, password, and restricting
access to your computer, and you hereby accept responsibility for all activities that occur under your account
and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential
or proprietary and does not infringe any rights of a third party in whatsoever nature.
If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the
authority to bind that person to all the terms and conditions herein. In the event that the person refuses
to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any
wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.
If you know or have reasons to believe that the security of your account has been breached, you should contact
us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of
the security of your account, we may require you to change your password, temporarily or permanently block or
suspend your account without any liability to Binary.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are
violated or if we decide, in our sole discretion, that it would be in BinarySphere’s best interests to do so.
You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site.
The information provided to us shall be maintained by us in accordance with our Privacy Policy.
4. SERVICES INFORMATION
BinarySphere provides a platform to the users to obtain information about the business operation of two web
applications - Reputeinfo and Tenalysys. BinarySphere also provides career options within the Company and reflect
the same under the option of “Career” on the Website. However, BinarySphere does not guarantee the vacancies for
job in the Company all the time. Vacancies as per the requirement of the Company will be reflected on the Website.
BinarySphere is not bound for proffering the Job vacancy all the time. Binary attempts to be as accurate as
possible regarding all the information provided on the Website.
Binary reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time
(including after an order has been submitted ) without prior notice.
5. INTELLECTUAL PROPERTY RIGHTS
No trademark or service mark license is granted in connection with the materials contained on this Site. Access
to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether
registered or unregistered of BinarySphere are the intellectual property of the respective owners, and
BinarySphere shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
Binary expressly and exclusively reserve all the intellectual property rights in all text, programs, products,
processes, technology, content, software and other materials, which appear on this Site, including its looks
and feel. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished,
downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever,
except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or copying, reproducing, duplicating,
republishing, posting, transmitting, distributing or modifying.
6. LIMITED LICENSE
BinarySphere grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and
make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use,
are reserved and retained by the Site and its affiliates. BinarySphere reserves the right, at any time,
without notice, and at its sole discretion, to terminate your license to use the Site and to block and
prevent your future access the Site.
7. REPRESENTATIONS AND WARRANTIES
We make no representations regarding the use of or the result of the use/depiction of the Contents on
the Site in terms of their correctness, accuracy, reliability, or otherwise. BinarySphere shall not be
liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on
the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted
access or use of this Site on this basis may be prevented by certain factors outside our reasonable control
including, without limitation, the unavailability, inoperability or interruption of the internet or other
telecommunications services or as a result of any maintenance or other service work carried out on this Site.
8. TERMINATION
These Terms of Use are effective unless and until terminated by either you or BinarySphere.
You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site.
BinarySphere may terminate the Terms of Use at any time and may do so without notice, and accordingly deny
you access to the Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or BinarySphere, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under
the Terms of Use or otherwise.
9. INDEMNITY
You agree to defend, indemnify and hold harmless BinarySphere, its employees, directors, officers, agents and their
successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all
claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of
claims based upon your actions or inactions, which may result in any loss or liability to BinarySphere or any third
party including but not limited to breach of any warranties, representations or undertakings or in relation to the
non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any
applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues
and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other
subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or
termination of the Terms of Use.
10. GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For
proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction. Any dispute or difference
either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties
hereto, shall be referred to an independent arbitrator who will be appointed mutually and his/her decision shall
be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration
and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.
11. GENERAL
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive
agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements,
or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time
by posting the changes on the Site. Any changes are effective immediately upon posting to the Site.
Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions.
You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all
use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership,
affiliation, joint venture or other form of joint enterprise between us. Our failure to require your
performance of any provision hereof shall not affect our full right to require such performance at any
time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver
of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable
or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such
unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole
but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most
fully reflect the original intent of the parties as reflected in the original provision. The headings in the
Terms and Conditions are for convenience only and shall not be used in its interpretation.
