Terms & Conditions

Notice:

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THE DIMS ENGINEER APP (“DIMS APP”)/DIMS WEBSITE (collectively “DIMS Platform”) YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THE DIMS PLATFORM. TEAM COMPUTERS PRIVATE LIMITED (“TCPL”) RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

Limitation Of Liability:

IN NO EVENT SHALL TCPL, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT TCPL HAS BEEN ADVISED OF POSSIBILITY OF THE DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DIMS PLATFORM, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL TCPL BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE DIMS PLATFORM OR ITS CONTENT.

YOU SPECIFICALLY ACKNOWLEDGE THAT TCPL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

LINKS:

The DIMS Platform may contain links to third party websites that are not owned or controlled by TCPL. TCPL is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TCPL will not and cannot censor or edit the content of any third-party site. By using the DIMS Platform, you expressly release TCPL from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the DIMS Platform and to read the terms and conditions and privacy policy of each other website that you visit.

YOUR OBLIGATIONS WHEN USING THIS WEBSITE

TCPL hereby grants you a limited license to copy and use the materials, features, and services provided by the DIMS Platform (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the DIMS Platform are specifically excluded from the Materials. No copying, reproducing or other use of the DIMS Platform or Materials is authorized and you are strictly bound by the Copyright Laws. Framing of the DIMS Platform or Materials or posting of Materials on other website is strictly prohibited.

The products, technology, or processes described or used on the DIMS Platform may be the subject of intellectual property rights reserved by TCPL. Except for the limited license granted above, nothing contained herein confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of TCPL or any third party.

OUR LIABILITY TO YOU

We provide the content on DIMS Platform in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the DIMS Platform does not infringe the rights of any third party. Except as permitted under the Product Terms, we accept no responsibility or liability for your use of content on DIMS Platform and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the DIMS Platform, we cannot accept any liability for them.

Information transmitted via DIMS Platform will pass over public telecommunications networks. We make no representation or warranty that the operation of the DIMS Platform will be uninterrupted or error free and disclaim all liability in respect thereof. The DIMS Platform may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to DIMS Platform, or any use of personal data by such third party.

YOUR MEMBERSHIP ACCOUNT

In order to access some features of the DIMS Platform, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TCPL immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of TCPL or others due to such unauthorized use. TCPL will not be liable for your losses caused by any unauthorized use of your account.

TCPL has the right to refuse service, terminate accounts, terminate your access to DIMS Platform, remove or edit content, or cancel orders in its sole discretion, immediately and with or without cause.

ELECTRONIC COMMUNICATIONS

When you visit DIMS Platform or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the DIMS Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on the DIMS Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TCPL or its content suppliers and protected by international copyright laws. The compilation of all content on the DIMS Platform is the exclusive property of TCPL, with copyright authorship for this collection by TCPL, and protected by international copyright laws.

TRADE MARKS

TCPL’s trademarks including but not limited to the DIMS Platform may not be used in connection with any product or service that is not TCPL’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TCPL. All other trademarks not owned by TCPL or its subsidiaries that appear on the DIMS Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TCPL or its subsidiaries.

ACCEPTABLE USE POLICY

TCPL has adopted the following Acceptable Use Policy in order to assure that DIMS Platform is used in a lawful and appropriate manner. While TCPL does not ordinarily monitor the content of its users, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:

• sending harassing, abusive, or threatening messages;
• sending obscene or pornographic messages or images;
• sending defamatory or libelous messages;
• sending viruses or other harmful, disruptive, or destructive files;
• attempting to steal passwords or credit card information;
• sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
• Attempting to conceal or misrepresent the identity of the sender.

Violations of the TCPL’s Acceptable Use Policy will not be tolerated and may result in the sender being blocked from the DIMS Platform.

USING YOUR OWN CONTENT, PHOTOS, OR IMAGES

TCPL may allow you to upload your own photos or other materials. If you do so, you are subject to the conditions outlined in these Terms. When you upload photos or images to the DIMS Platform you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornographic, or illegal materials.

When you upload material on the DIMS Platform and use it, your material will be used for the transmission and as per our requirements in terms with our Privacy Policy; however, we may also use such material in the course of performing testing, training or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.

SPAM

The use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. TCPL reserves the right to limit, in its sole discretion and without prior notice to you, the number of messages that you may send using the DIMS Platform.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless TCPL, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from:

(i) your use of the DIMS Platform,

(ii) your violation of these Terms & Conditions,

(iii) your violation of any law for the time being in force,

(iv) your violation of the terms which apply to your User Submission,

(v) your violation of any third party right, including without limitation any copyright, intellectual property, property, publicity or privacy right; or

(vi) Any claim that one of your User Submissions caused damage to a third party.

(vii) This defence and indemnification obligation will survive these Terms of Use and your use of the Website.

You must cooperate as fully as reasonably required in defense of any such claim. TCPL reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age to enter into these Terms of Use, and to comply with these Terms of Use.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TCPL without restriction or requirement of a notice.

DISPUTES

The relationship between you and TCPL shall be governed by the laws of the Republic of India without regard to any conflict of law provisions. You and TCPL agree to submit to the personal and exclusive jurisdiction of the courts located at Delhi, India.

PRIVACY POLICY

The terms of our privacy policy can be found at Privacy Policy. We reserve the right to make changes to the DIMS Platform, policies, and these Terms & Conditions at any time. If any of these terms & conditions are deemed invalid, void, or for any reason by a court of competent jurisdiction, such term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms & conditions.

QUESTIONS

Questions regarding our Terms & Conditions, Privacy Policy, or other policy related material can be directed to our support team at: imsnextapp@teamcomputers.com