LAST REVISION: [September 28, 2017]
Please Read This Terms Of Service Agreement Carefully. By Using This Website You Agree To Be Bound By All Of The Terms And Conditions Of This Agreement.
- Coverage: This Terms of Service Agreement (the “Agreement”) governs your use of this website, cimplyfive.com, www.bliss.cimplyfive.com and www.ca2013.com (the “Website”), created, updated and maintained by CimplyFive Corporate Secretarial Services Private Limited (“CimplyFive”). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
- Revision to this agreement: CimplyFive reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. CimplyFive encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.
- Reference to Other agreements: This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with CimplyFive for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
- Customer Solicitation:Unless you opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations CimplyFive and its designated in house or third party call team(s).
- Opt Out Procedure:We provide 3 easy ways to opt out of from future solicitations.
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to firstname.lastname@example.org.
- You may send a written remove request to our office:
CimplyFive Corporate Secretarial Services Private Limited,53/1, Second Floor, 16th Cross, 8th Main Road,
Malleswaram, Bangalore 560055.
- Proprietary Rights. CimplyFive has proprietary rights and trade secrets in BLISS, its SaaS product. You may not copy, reproduce, resell or redistribute any product and/or distributed by CimplyFive. CimplyFive also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
- Content; Intellectual Property; Third Party Links: In addition to making BLISS available, this Website also offers information and marketing materials. CimplyFive does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that CimplyFive does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. CimplyFive does not endorse the contents on any such third-party websites. CimplyFive is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
- Use of Website: CimplyFive is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
- License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from CimplyFive or the applicable third party (if third party content is at issue).
- Posting: By posting, storing, or transmitting any content on the Website, you hereby grant CimplyFive a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. CimplyFive does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. CimplyFive is not liable for any damage or harm resulting from any posts by or interactions between users. CimplyFive reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content CimplyFive deems objectionable.
- Liability: CimplyFive’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and BLISS for any breach of this agreement is solely limited to the amount you paid for BLISS subscription.
Cimplyfive will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or for subscription to BLISS in any manner, including liabilities resulting from (1) the use or the inability to use the website content; (2) the cost of procuring substitute products or content; or (3) any lost profits you allege.
- Indemnification: You will release, indemnify, defend and hold harmless CimplyFive, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) BLISS or your use of BLISS (including Demo version); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to CimplyFive.
- Agreement to be bound: By using this Website or subscribing to BLISS, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
- Force Majeure: CimplyFive will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
- Cessation of Operation: CimplyFive may at any time, in its sole discretion and without advance notice to you, cease operation of the Website offering BLISS to new subscribers.
- Entire Agreement: This Agreement comprises the entire agreement between you and CimplyFive and supersedes any prior agreements pertaining to the subject matter contained herein.
- Effect of Waiver: Failure of CimplyFive to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Jurisdiction. This Website originates from the Bangalore, Karnataka, India. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor CimplyFive will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the city of Bangalore. By using this Website or subscribing to BLISS, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
- Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Domestic Use: CimplyFive makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
- Assignment: You may not assign your rights and obligations under this Agreement to anyone. CimplyFive may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
- Consent: It is hereby confirmed that the Company has obtained prior written consent from its counterparties to process the collected data, either by itself or through its employees.
By using this website or subscribing to BLISS you agree to be bound by all of the terms and conditions of this agreement.