“By accessing this Website, www.evoketechnologies.com (the “Website”) owned by Evoke Technologies Private Limited (“Evoke”, “We”, “Us”, “Our”), the User ( “You or “Your”) agrees to be bound by these Website “Terms and Conditions of Use”, which also includes our “Privacy Policy”, the “Disclaimer” and all applicable laws and regulations. You further agree to be responsible for complying with any applicable local laws. We advise you to read the Website Terms and Conditions of Use, Privacy Policy, and the Disclaimer before accessing or using the Website. If you do not agree with any of the Terms and Conditions of Use, you are prohibited from using or accessing this Website.”
Use of the Website
Subject to the website Terms and Conditions of Use, Evoke grants to the user a non-exclusive, non- transferable, limited license to access the website and the materials therein.
You agree that you shall use and access this Website according to the Terms and Conditions of Use and the Disclaimer. You understand and agree that Evoke reserves all rights to immediately block, restrict, deny or terminate your access to this Website, without prior notice and without assigning any reason, if in Evoke’s reasonable opinion such access would be a breach or threatened breach of these Terms and Conditions of Use and/or applicable law and/or other guidelines provided on this Website.
The provisions in the Terms and Conditions of Use and the Disclaimer regarding disclaimer of warranty, accuracy of information and indemnification shall survive such termination. You further understand and agree that the blocking or denial or termination of access shall be made in Evoke’s sole discretion and that Evoke shall not be liable to you nor to any third-party for any loss or injury whatsoever, caused by blocking/denial of your access to this Website.
By accepting these terms, you agree not to use in any manner the manual or automated software, devices, techniques or other processes/procedures to “crawl” or “spider” any web pages contained in the Website.
You also understand and agree not to:
- Modify, merge, alter or copy or assist the modification or copying of the materials or contents available on our Website or web pages, without prior written permission of Evoke;
- Use the materials or contents for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer, disassemble any software contained on Website;
- Create derivatives of the Website or any part of it or of any software used or embedded in the Website which is used for the functioning of the website for the purposes of transmission, resale or reproduction of the Website or any part of it in any form whatsoever.
- Remove any copyright or other proprietary notations from the materials or transfer the materials to another person or “mirror” the materials, features, appearance of this Website on any other server in whatsoever form.
- Undertake any activity or allow anyone to undertake any activity that may hinder or obstruct or interfere or interrupt with the working/functioning of the Website or may impose an inappropriate/unwanted load on our infrastructure hosting this website.
Any violation of the foregoing shall vest in Evoke the right to initiate appropriate legal action against you as per the provisions of applicable laws in force in India and to obtain such remedies as may be available to Evoke under the applicable laws.
Information or posting of content
Our Website may contain certain forms in which you may be required to fill in certain information such as name, contact number, email address, etc. We maintain complete privacy with respect to the information shared with us. To understand how we secure the privacy of information of our users, please read our Privacy Policy.
During the course of using this Website, users may provide information which may be visible to certain other users. You understand and agree that posting or uploading comments, materials and content on the Website including without limitation feedback and other communications irrespective of their nature shall be deemed to be non-confidential and you hereby grant us a royalty-free, non-exclusive, perpetual, irrevocable transferable license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising, or otherwise, on or in connection with this Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sub-licenses of the foregoing.
Additionally, you understand and agree that Evoke retains the right to excerpt, translate or reformat any materials submitted by you. You understand and agree that Evoke is free to depict, distribute and publicly display such materials, communications and feedback without any kind of limitation or obligation including without limitation the details of the user.
By accepting these terms, you agree that Evoke shall have the right to use any concepts, ideas, know-how or techniques contained in such materials or communications or feedback for any purpose. You further agree to hold Evoke, its directors, agents, officers, employees, affiliates, partners, successors, assigns and representatives indemnified against all or any claim(s) of copyright infringement or defamation, obscenity and/or the violation of other applicable laws.
You agree that any uploading or sharing any on our Website is at your own risk and you understand and agree that all information including but not limited to content, text, photograph or video which is publicly posted or uploaded or shared or privately transmitted through this Website is the sole responsibility of the person from whom such content originated and that Evoke shall not be liable for any errors or omissions in any content. By uploading or sharing any content on our Website, you warrant and represent to us that you have the right to do so.
We do not warrant the authenticity or correctness of any data provided by the users about themselves. You further grant us the right to use the content uploaded by you in any manner whatsoever and agree to hold Evoke, its directors, agents, officers, employees, affiliates, partners, successors, assigns and representatives indemnified against all or any claim(s) of copyright infringement or defamation, obscenity and/or the violation of other applicable laws.
In any event, we completely reserve the discretion to determine the nature of the content uploaded by the user on the website, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute and/or to remove the same immediately without prior notice without prejudice to any of the rights under law to invoke appropriate legal action against you, if we reasonably believe at any point of time that the content may be subjected to any claims of infringement of intellectual property rights or privacy or rights of any third-party, defamation or obscenity or the violation of any applicable local laws.
You understand and agree not to use this website to:
(a) Upload, post, e-mail, transmit or otherwise make available any content- (a) which is unlawful, obscene, defamatory, discriminatory, libelous, abusive, harassing or threatening or otherwise objectionable;(b) that infringes upon any patents, trademarks, trade secrets, copyrights or other proprietary rights;(c) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (d) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) belongs to another person and to which you do not have any right to; or post any unsolicited or unauthorized advertising or business promotional materials, junk mails, spam, chain letters;
(b) Undertake any illegal activity, including but not limited to violation of or conspiring to violate applicable laws; commit fraud, cheat or falsely state, impersonate or misrepresent your identity in any manner whatsoever.
Disclaimer of the warranty
The information, content, materials on the website are provided on an “as is” and “as available” basis. Evoke makes no representations or warranties of any kind, expressed or implied, about the suitability, reliability, availability, timeliness, quality, continuity, performance, lack of viruses or other harmful components and accuracy of the information, software, services and related graphics contained within the website for any purpose.
To the fullest extent permissible by applicable law, Evoke hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Evoke does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this website. Evoke shall not be liable for any claims for any loss or damage caused to the user device, operating system or software due to virus or worm attacks during the use or access of the website while downloading any materials.
Limitation of liability
In no event shall Evoke or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Evoke’s website, even if Evoke or its authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and errata
The materials appearing on the website may contain technical, typographical, or photographic errors. Evoke does not warrant that any of the materials on its website are accurate, complete, or current. Evoke may make changes to the materials contained on its website at any time without notice. Evoke does not, however, make any commitment to update the materials to suit the purposes of any person.
Links to third-party websites
Evoke does not endorse the content of any/all of the third party websites linked to its Website, neither takes any responsibility and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Evoke of the website. Use of any such linked website is at the user’s own risk.
Evoke makes no representation that such websites shall be error-free, not infected with viruses, or bugs, etc., which may seriously impair or cause irreparable damage to your device, operating system, or software.
We do not monitor or review the content of third party’s websites which are linked to this Website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and Evoke should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites.
We encourage our users to be aware when they leave our Website to read the privacy statements of these websites before using them. You understand and acknowledge that it is your responsibility to evaluate the security and trustworthiness of any other website connected to our website or accessed through this website before disclosing any personal information to them. Evoke does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of your personal information. In no event, Evoke shall be liable for claims of any loss or injury by the user due to the use of the third-party websites.
This Website may contain links on which you can share information relating to Evoke or carry out platform discussions on various social networking websites like Facebook, Twitter, etc. You agree that the use and access of such third-party social networking websites is at your own risk and Evoke shall not be responsible for any loss, injury or damage whatsoever caused to you by the use and access of the third-party social networking sites.
Log files
We use IP addresses to analyze trends, administer the website, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Evoke on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most other interactive websites Evoke uses cookies to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of the specific area and ease of use for the users visiting or accessing our website.
Intellectual property
All material, content, software, text, images, graphics, video and audio presentations on this website is the exclusive property of Evoke. Except as indicated otherwise, you may view, copy, download and print the material and information available on the website for personal, non-commercial and legitimate purposes only and that every time you share or make use of the information, material or content from this website, you shall acknowledge the contribution of Evoke.
No material from this Website may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Evoke. You agree and acknowledge that any unauthorized use of the materials appearing on this website may constitute the violation of rights of Evoke under copyright, trademark and other Intellectual Property laws and that you shall be solely liable for the violation of such Intellectual Property laws due to such unauthorized use.
Any infringement of copyright or intellectual property rights shall entitle Evoke to institute appropriate legal action- whether civil or criminal against such infringement.
Force majeure
Evoke shall not be liable to you for any failure to perform any obligation under these terms which is due to an event beyond the control of Evoke including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquakes, floods or any other natural or man-made eventuality, disruption or unavailability of communication facilities, failure of internet, cyber attack, vandalism and for any other reasons outside of our control, which could not have been reasonably foreseen by Evoke.
Evoke claims no responsibility for any error, omission, interruption, deletion, defect, delay in operation or inaccuracies in transmission, destruction, alteration of, or unauthorized access to content, or loss or destruction of content whether or not arising during the operation or transmission as a result of server functions, virus, worms or other causes outside its control.
Indemnification
By accepting these Website Terms and Conditions of Use and the Disclaimer, you agree to indemnify and hold harmless Evoke and its partners, subsidiaries, affiliates, directors, agents, and employees, representatives, successors, and assigns from any and all claims, liability, damages (direct, indirect, incidental, special, consequential or exemplary) and/or costs (including but not limited to legal fees), arising against Evoke, from your use or access of this website or out of your breach of the Terms and Conditions of Use and the Disclaimer, or your violation of any law, rules or regulations.
Under no circumstances, the remedy of Evoke to be indemnified be construed as limiting the right(s) of Evoke to invoke such rights as are/may be available to Evoke under the laws in force.
Waiver
A mere failure by Evoke to exercise a legal right or remedy provided by these Terms and Conditions of Use and the Disclaimer shall not be constitute a waiver of Evoke’s right.
Severability
If any part or provision in these Terms and Conditions of Use and Disclaimer is found to be unenforceable or invalid, such part shall not affect the rest of the parts of these Terms and Conditions of Use and the Disclaimer, and it shall be construed as if such invalid portion did not exist therein.
Website Terms and Conditions of Use modifications
Evoke may revise these Terms and Conditions of Use for its Website at any time without notice. By using this Website you agree to be bound by the current version of the Website Terms and Conditions of Use and every time you use or access the Website, you agree to be bound by the amended or modified Terms and Conditions of Use.
Governing law and jurisdictions
Any claim(s) arising out of or relating to the Website shall be governed by the laws of the Republic of India without regard to its conflict of law provisions and the Courts in Hyderabad/Ranga Reddy, Telangana, India shall have exclusive jurisdiction to entertain and decide such disputes.
Contact information
If you have any questions, or comments about our Terms and Conditions of Use or Privacy Policy or would like to raise any complaints/grievances, you can contact us via grievanceofficer@evoketechnologies.com
