Terms and conditions

Overview

 

To comply with the European Union General Data Protection Regulation (GDPR) that was enforced on May 25, 2018, and the new law on data protection that will be enforced henceforth, Techsgate Co Privacy policy and Techsgate Co Terms and conditions will be revised.

 

This Techsgate Co Agreement – Terms of Service sets forth the conditions on which we will provide the services offered through the platform (“the Website”).

 

Please read these Terms carefully before using our Platform. If you have any questions relating to these Terms please contact info@techsgate.com using our Platform. You can find more information about these rights at: https://Techsgate.com/privacy. Your legal rights are not affected by these Terms, which websitely in addition to them and do not replace them.  By setting up your Techsgate Co account, you confirm that you accept these Terms.

 

About Us

Techsgate Co provide services, consulting and process automation solutions, creating intelligent systems for Internet of Things content and using artificial intelligence to meet the needs of customers and contribute to business development.

We develop business identity and design business and market it through the Internet through a dynamic system based on the efficiency and quality of our human resources, tools, and technologies that comply with international standards.

 

Eligibility

To access or use the Website, you must be at least 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Website if you are a competitor of ours, have intentions of collecting or utilizing our Content for your own purposes or if we have previously banned you from the Website

 

The user have to be at least 18 years old. No exceptions. Use Techsgate Co services, purchase a products and website as much as you want, but you’re not allowed to resell the service/products purchased, or other information obtained, through the Website. The user must be sure he/she has not been convicted of any offence relating to violence or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act); and/or

 

Rules for User Conduct and Use Of The Service

By visiting Techsgate Co and accessing the information, Website, services, products, devices, and tools we provide for you, either directly or indirectly, you agree to use these Website only for the purposes intended as permitted by the terms of this User Agreement, and applicable laws, regulations and generally accepted online practices or guidelines. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

 

  1. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Website. Accordingly, you are responsible for all activities that occur under your account(s).
  2. Accessing any of our Website by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access any of our Website through any automated, unethical or unconventional means.
  3. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Website is strictly prohibited.
  4. You agree to indemnify and hold harmless Techsgate Co and affiliates, and directors, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
  5. Techsgate Co agents, sub-contractors, and users who have signed up for Techsgate Co products and services may not engage in same or similar business of or related to automation solutions management system like Techsgate Co (for up to 1 year from the date of registration for users). You cannot copy, modify, reverse engineer, and decompile our system designs, methods, processes.

 

Posting and Conduct Restrictions

You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.

You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Techsgate Co, however, reserves the right to remove any User Content from the Service at its sole discretion. We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

 

By transmitting and submitting any User Content while using the Service, you agree as follows:

 

  1. We may provide various open communication tools on our Website, you understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:

 

    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party.
    3. Contains any type of unauthorized or unsolicited advertising.
    4. Impersonates any person or entity, including any Techsgate Co employees or representatives.

 

  1. You retain all ownership rights in your User Content but you are required to grant the following rights to the website and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below:

 

    1. When you upload User Content to the Website, you grant the Website a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service.
    2. and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Service.

 

  1. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
  2. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  3. We do not assume any liability for any content posted by you or any other 3rd party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Techsgate Co, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Website. All information provided as part of our registration process is covered by our privacy policy.
  4. Any concern arising out of the use of the system provided by Techsgate Co is required to be addressed and resolved with the team of Techsgate Co through direct contact or through mediatory, unless such effort has been made to resolve the matter, the user must not post negative reviews on the social networks or anywhere else on the internet.
  5. By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Techsgate Co a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
  6. We might use your Techsgate Co logo, name, and images, or any other copyright content from your logged in account on our Website, or any other medium or social media channels for marketing purposes only. In case of any objection or if you want us to remove this content or information, reach out to us to get the information or content removed.

 

Billing, renewals, and payment

 

Monthly and One-time Plans

Except for No-Charge Products, all Techsgate Products are offered either on a monthly subscription basis or a one-time purchase basis.

 

Renewals

Except as otherwise specified in your Order, unless either party cancels your subscription prior to expiration of the current Subscription Term, your subscription will automatically renew for another Subscription Term of a period equal to your initial Subscription Term. You will provide any notice of non-renewal through the means we designate, which may include account settings in the Techsgate Products or contacting our support team. Cancelling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable Techsgate Product continuing to be offered and will be charged at the then-current rates.

 

Adding Users

You may add users, increase storage limits, or otherwise increase your use of Techsgate Products by placing a new Order or modifying an existing Order. Unless otherwise specified in the applicable Order, we will charge you for any increased use at our then-current rates, prorated for the remainder of the then-current Subscription Term.

 

Payment

You will pay all fees in accordance with each Order, by the due dates and in the currency specified in the Order. If ORDER number is required in order for an invoice to be paid, then you must provide such ORDER number to Techsgate by emailing the ORDER number to info@ techsgate.com. You agree that we may bill your credit card or other payment method for renewals, additional users, overages to set limits or scopes of use, expenses, and unpaid fees, as applicable.

 

Delivery

We will deliver the login instructions for Techsgate Products to your account or through other reasonable means no later than when we have received payment of the applicable fees. You are responsible for accessing your account to determine that we have received payment and that your Order has been processed. All deliveries under these Terms will be electronic.

 

License Grant

By posting any User Content via Techsgate Co Website you expressly grant, and you represent and warrant that you have a right to grant, to Techsgate Co a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Techsgate Co Website and Techsgate Co Services.

 

Privacy Policy

Techsgate Co respects the privacy of all its Platform users.  Please refer to the Techsgate Co Privacy Policy page, which exTechsgate Cons how we collect, use, and disclose information that pertains to your privacy.  When you access or use Techsgate Co Website or services, you signify your agreement to Techsgate Co Privacy Policy.

However, we will use the information provided in the registration process for the purposes of maintaining your registration only, which may include, without limitation, notifying you of availability of and changes to your access to Techsgate Co Platform. Your registration information will not be disclosed to any third parties, except as may be required for enforcement of this Agreement, or as otherwise permitted or required by applicable law. For more information please visit our privacy policy page.

 

Billing and Payment

Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of a purchase. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Purchase are not binding upon us, until accepted by us. We reserve the right to refuse and refund any purchase or part of any purchase made on this website

 

Software Available On This Website

Any software that is made available from the Services (“Techsgate Co Website”) is the work of Techsgate Co and/or its suppliers and is protected by copyright, trademark and other applicable laws. The end user license agreement, if any, which accompanies or is included with the Techsgate Co Website (“Techsgate Co End User License Agreement”) governs its use. An end user will be unable to use any Techsgate Co Website that is accompanied by or includes a Techsgate Co End User License Agreement unless he or she first agrees to its terms.

The Website is made available solely for use by end users according to the terms of the License Agreement.

COPYING OR REPRODUCING TECHSGATE CO WEBSITE TO ANY OTHER LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE TECHSGATE CO END USER LICENSE AGREEMENT. VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT OF THE LAW.

TECHSGATE CO MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS TECHSGATE CO WEBSITE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. TECHSGATE CO MAKES NO ASSURANCES AS TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.

 

EXCEPT AS MAY BE WARRANTED IN THE TECHSGATE CO END USER LICENSE AGREEMENT, TECHSGATE CO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE TECHSGATE CO WEBSITE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.

 

How Techsgate Products are administered

 

Administrators

Through the Techsgate Products, you may be able to specify certain End Users as Administrators, who will have important rights and controls over your use of Techsgate Products and End User Accounts. This may include making Orders for Techsgate Products or enabling Apps (which may incur fees); creating, de-provisioning, monitoring or modifying End User Accounts, and setting End User usage permissions; and managing access to Your Data by End Users or others. Administrators may also take over management of accounts previously registered using an email address belonging to your domain (which become “managed accounts”, as described in our Documentation). Without limiting section (Responsibility for End Users), which fully applies to Administrators, you are responsible for whom you allow to become Administrators and any actions they take, including as described above. You agree that our responsibilities do not extend to the internal management or administration of the Techsgate Products for you.

 

Reseller as Administrator

If you order Techsgate Products through a Reseller, then you are responsible for determining whether the Reseller may serve as an Administrator and for any related rights or obligations in your applicable agreement with the Reseller.  As between you and Bravetechsgate™, you are solely responsible for any access by Reseller to your accounts or your other End User Accounts.

 

End User Consent

You will provide all required disclosures to and will obtain and maintain all required consents from End Users to allow: (i) Administrators to have the access described in these Terms and the Privacy policy; and (ii) Bravetechsgate™’s provision of the Techsgate Products to Administrators and End Users. You will provide evidence of such consents upon our reasonable request. 

 

Responsibility for End Users

Our Techsgate Products have various user onboarding flows. Some Techsgate Products require users to be designated by Administrators; some allow users to sign up for individual accounts which can become associated with teams or organizations at a later time; and some may allow users to invite other users. You are responsible for understanding the settings and controls for each Techsgate Product you use and for controlling whom you allow to become an End User. If payment is required for End Users to use or access a Techsgate Product, then we are only required to provide the Techsgate Products to those End Users for whom you have paid the applicable fees, and only such End Users are permitted to access and use the Techsgate Products.

 

Credentials

You must require that all End Users keep their user IDs and passwords for the Techsgate Products strictly confidential and do not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using End User Accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware.

 

Age Requirement for End Users

The Techsgate Products are not intended for, and should not be used by, anyone under the age of 18. You are responsible for ensuring that all End Users are at least 18 years old.

 

Domain Name Ownership

Where you are required to specify a domain for the operation of a Techsgate Product or certain Techsgate services, we may verify that you own or control that domain. If you do not own or control the domain you specify, then we will have no obligation to provide you with the Techsgate Product or Techsgate Product features.

 

Website License

Techsgate Co hereby grants to you a non-exclusive, non-transferable, non-sub licensable, revocable, royalty-free, worldwide right to use the Techsgate Co Website according to these Terms of Use and provided that you are and will always be in compliance with these Terms of Use. You may

  1. only use the Techsgate Co Website in object code form and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business);
  2. only use such number of copies of the Techsgate Co Website and make such number of backup copies of the Techsgate Co Website as may be necessary for its lawful use;
  • not nor permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Techsgate Co Website in whole or in part;
  1. not rent, lease, sub-license, loan, translate, merge, adapt or modify the Techsgate Co Website or any associated documentation;
  2. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Techsgate Co Website nor attempt to do any such things

 

Additional Services

Subject to these Terms, you may purchase Additional Services that we will provide to you pursuant to the applicable Order. Additional Services may be subject to additional policies and terms as specified by us.

 

Our Deliverables

We will retain all right, title and interest in and to Our Deliverables. You may use any of Our Deliverables provided to you only in connection with the Techsgate Products, subject to the same usage rights and restrictions as for the Techsgate Products. For clarity, Our Deliverables are not considered Techsgate Products, and any Techsgate Products are not considered to be Our Deliverables.

 

Your Materials

You agree to provide us with reasonable access to Your Materials as reasonably necessary for our provision of Additional Services. If you do not provide us with timely access to Your Materials, our performance of Additional Services will be excused until you do so. You retain your rights in Your Materials, subject to our ownership of any Techsgate Products, any of Our Deliverables or any of Our Technology underlying Your Materials. We will use Your Materials solely for purposes of performing the Additional Services. You represent and warrant that you have all necessary rights in Your Materials to provide them to us for such purposes.

 

Third-Party Platforms and Advertisements

The Services may contain links to third-party Website (“Third-Party Website”) and platforms (“Third-Party Platforms”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Website & Advertisements”). When you click on a link to a Third-Party Platform or Third-Party Advertisement, Techsgate Co will not warn you that you have left the Techsgate Co’s platform or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Website & Advertisements are not under the control of the Techsgate Co. The Techsgate Co is not responsible for any Third-Party Platforms or any Third-Party Advertisements. Techsgate Co provides these Third-Party Website & Advertisements only as a convenience and does not review, websiterove, monitor, endorse, warrant, or make any representations with respect to such Third-Party Website & Advertisements, or their products or services. You use all links in Third-Party Website & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Website or Third-Party Platforms, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

Protecting Personal Data (PIPEDA)

By using the Website covered by this Agreement, the User agrees to the collection and processing of personal data used in this website for the purposes of private security services and facilities management. As a result, the User authorizes Techsgate Co and its subcontractors to collect and process this data in accordance with the legal, regulatory and European provisions, (hereinafter “GDPR”) and the Data Protection Act. To this end, Techsgate Co’s Data Protection Officer (DPO) who constantly ensures compliance of all personal data processing in progress within Techsgate Co.

In addition, pursuant to the GDPR and non-contrary provisions of the Data Protection Act, any natural person whose personal data is subject to processing is entitled to oppose the collection and processing of their personal data, the right of access to said data, rectification or erasure thereof (the right to be forgotten), the right not to be the subject of a decision based exclusively on automated data processing, including profiling, the right to limitation of processing of data concerning them, the right to have information about the persons to whom the data controller has transmitted personal data concerning them, as well as the right to portability of said data. They may exercise these rights by sending their request to info@techsgate.com accompanied by proof of their identity and their signature.

 

In addition, Techsgate Co certifies the following:

  • It implements appropriate technical and organizational measures to ensure and be able to demonstrate that the processes are carried out in accordance with the GDPR Regulation when it acts as data controller.
  • It provides sufficient guarantees as to the implementation of appropriate technical and organizational measures so that any processing of personal data meets the requirements of the GDPR and guarantees protection of the rights of the person in question when acting as a subcontractor.
  • In the event of subcontracting, it retains only those subcontractors who provide sufficient guarantees that appropriate technical and organizational measures will be implemented so that any processing of personal data meets the requirements of the GDPR and guarantees protection of the rights of the person in question
  • Lastly, Techsgate Co undertakes to implement appropriate technical and organizational measures to retain personal data for the duration stipulated depending on the nature of said data.

 

Techsgate Co is committed to protecting the privacy of your personal information and that of our customers. By using the Techsgate Co Services, You acknowledge and agree that Techsgate Co collection, usage and disclosure of this personal information is governed by our Privacy Policy. Additionally, if: (a) You are established in the European Economic Area (EEA); (b) You provide Techsgate Co Services to customers in the EEA; or (c) You are otherwise subject to the requirements of the EU General Data Protection Regulation, Techsgate Co’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

 

If Techsgate Co Website is involved in the communication for a Techsgate Co Services agreement between the user and Techsgate Co, it shall transfer the data required for this agreement to the respective service provider. This service provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective service provider can be taken from the platform contact us page.

 

Technical and Organizational Measures

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we are obliged to implement appropriate technical and organizational measures in such a manner that the processing of personal data will meet the requirements of applicable data protection law, in particular the GDPR and this DPA.

 

We have implemented technical and organisational measures as specified in the Security Policies and Practices available at: https://www.techsgate.com/security. You hereby acknowledge and agree that these measures are appropriate and sufficient to conform to the GDPR. Further, Techsgate Co has implemented information security management in accordance with the requirements of information security standard ISO 27001.

 

User Feedback

You agree that any submission of any ideas, suggestions, and/or proposals to the Techsgate Co through its suggestion, feedback page (“Feedback”) is at your own risk and that the Techsgate Co has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Techsgate Co a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

 

Disclaimers Of Warranties

Techsgate Co shall not be responsible for any content posted by any Users / third parties on the Website. The Website primarily serves as a portal for online distribution and publication of information submitted by Users. In case any inaccurate or otherwise improper content which does not conform to these Terms of Service is sighted on the Website, Users are requested to notify Techsgate Co of the same using the contact details provided. If Techsgate Co finds such content to be in violation of the Terms of Service, Techsgate Co may in its sole discretion take down or request the removal of such content, in accordance with applicable laws.

Nothing on the Website shall be considered an endorsement, representation or warranty to any User or third party, whether in regards to its services, hiring, experience, employment or recruiting practices, or otherwise.

 

  • ALL INFORMATION AVAILABLE ON THE WEBSITE (INCLUDING INFORMATION RELATING TO THE TECHSGATE CO AND ITS SERVICES) IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TECHSGATE CO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. TECHSGATE CO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE.

 

  • WITHOUT LIMITATION ON THE FOREGOING:

 

    1. TECHSGATE CO DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND THEIR SERVER(S) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF WEBSITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TECHSGATE CO IS NOT RESPONSIBLE FOR THOSE COSTS.
    2. TECHSGATE CO MAKES NO REPRESENTATIONS REGARDING THE TRUTHFULNESS, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE, SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE, SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TECHSGATE CO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.

 

Terms that apply to Your Data

 

Using Your Data to provide Techsgate Products to You

You retain all right, title and interest in and to Your Data in the form submitted to the Techsgate Products. Subject to these Terms, and solely to the extent necessary to provide the Techsgate Products to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, expert, and display Your Data. Solely to the extent that reformatting Your Data for display in a Techsgate Product constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. We may also access your accounts, End User Accounts, and your Techsgate Products with End User permission in order to respond to your support requests.

 

Your Data Compliance Obligations

You and your use of Techsgate Products (including use by your End Users) must comply at all times with these Terms, the Acceptable Use policy and all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to submit all Your Data to the Techsgate Products and to grant the rights granted to us in these Terms and (ii) Your Data and its submission and use as you authorize in these Terms will not violate

  • any Laws,
  • any third-party intellectual property, privacy, publicity or other rights, or
  • any of your or third-party policies or terms governing Your Data. Other than our express obligations under this terms (Our security and data privacy policies), we assume no responsibility or liability for Your Data, and you are solely responsible for Your Data and the consequences of submitting and using it with the Techsgate Products.

 

GDPR Data Processing Addendum

If you are in the EEA, Switzerland, or are otherwise subject to the territorial scope of Regulation (EU) 2016/679 (General Data Protection Regulation) or any successor legislation, you can request and complete the Techsgate Data Processing Addendum.

 

Legal Disclaimer

TO THE FULLEST EXTENT OF LAW THE TECHSGATE CO SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). TECHSGATE CO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, SOFTWARE, OR SERVICES INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SECURITY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING WEBSITEEARS ON THE WEBSITE OR IS REFERRED BY THE SOFTWARE OR SERVICES, EVEN IF TECHSGATE CO AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY TECHSGATE CO’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT WEBSITELY TO USERS WHO RESIDE IN OUTSIDE OUR JURISDICTION.

 

Waiver of Jury Trial

You and Techsgate Co waive any constitutional and statutory rights to sue in court and receive a judge or jury trial. You and Techsgate Co are instead electing to have claims and disputes resolved by arbitration, except as specified in the section above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

 

Waiver of Class Or Consolidated Actions

YOU AND TECHSGATE CO AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Techsgate Co is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in these terms.

 

Procedure For Making Claims Of Copyright Infringement 

It is the Techsgate Co’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to the Techsgate Co by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of the location on the Website or in the Services of the material that you claim is infringing;
  4. Your address, telephone number and e-mail address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Contact information for the Techsgate Co’s Copyright Agent for notice of claims of copyright infringement is as follows: General Counsel, info@Techsgate.com

 

Our security and data privacy statement 

Security

We implement security procedures designed to help protect Your Data from security attacks.

 

Privacy

We collect certain data and information about you and your End Users in connection with your and your End Users’ use of the Techsgate Products and otherwise in connection with these Terms. We collect and use all such data and information in accordance with our Privacy policy, which you acknowledge.

 

Improving Techsgate Products

We are always striving to improve the Techsgate Products. In order to do so, we use analytics techniques to better understand how our Techsgate Products are being used. For more information on these techniques and the type of data collected, please read our Privacy policy.

 

Copyrights and Trademarks

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. We reserve all rights that are not expressly granted to you under these Terms of Service, all contents such as images, texts, icons, and such, are provided by the contractors and subcontractors hired by Techsgate Co.

In case of any conflict with any copyrights or trademark incidents that may arise, Techsgate Co will investigate the incidents and remove such material from the Website. However, Techsgate Co is not directly responsible for use of such copyright and trademark violations. All content and materials available on Techsgate Co, including but not limited to text, graphics, Website name, code, images, and logos are the intellectual property of Techsgate Co and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Techsgate Co

 

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to our Website and Website with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Website we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

Indemnification 

You agree to indemnify and hold harmless the Techsgate Co and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Website, Software or Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. The Techsgate Co reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Techsgate Co in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform, Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website, Software and/or Services.

 

Suspension and Termination

Failure to comply with these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Service;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
  • issuing of a warning to you;
  • legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

 

Access to the Website, Security, Confidentiality

Each Party regards as confidential and will refrain from disclosing, directly or indirectly, all or part of the data, and personal data in particular, of which it becomes aware when executing this Agreement.

In particular, it undertakes to implement and/or observe appropriate measures to guarantee the security and confidentiality of such data, including preventing unauthorized access to such data and the equipment used for its processing and unauthorized use of such data and equipment.

 

These measures include specifically:

  1. Access to the Website by login and password;
  2. Insertion of a confidentiality clause, in particular in employment contracts or specific contracts with subcontractors and/or other partners.

 

This obligation is binding on each Party as well as on the Party’s employees and stakeholders, whoever they may be, permanent or temporary.

In particular, the user is entirely responsible for the Login and Password generated on the platform for access to the Website. Techsgate Co cannot in any way be held liable, especially in cases of negligence by the user in the retention of Login and Passwords and/or their subsequent use by a third party.

 

Force Majeure

Techsgate Co shall not be liable for any loss, damage or delay of any form due to acts of God or causes beyond its reasonable control including acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, or inability due to causes beyond its reasonable control.

 

Electronic Communications

For contractual purposes, you (1) consent to receive communications from Techsgate Co in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Techsgate Co provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

 

Severability

Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

Governing Law

Techsgate Co is controlled from our offices located in Kuwait. It can be accessed in most countries around the world. As each country has laws that may differ from Kuwait laws, by accessing our Website, you agree that the statutes and laws of the Superior Constitutional Court Kuwait, without regard to the conflict of laws and the European Union GDPR Regulation, will definitely relate to all matters pertaining to the use of this Website. Furthermore, any action to enforce this User Agreement shall be brought in the Superior Constitutional Court Kuwait. You hereby agree to personal jurisdiction by such court, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

User Ratings and Reviews

To the extent that you are asked to rate and post reviews of Service Providers or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by the Techsgate Co and do not represent the views of the Techsgate Co or its affiliates. Techsgate Co does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Service Provider or business; (ii) you will not provide a Rating or Review for any Service Provider or business for which you have an ownership interest, employment relationship or other affiliation or for any of that Techsgate Co’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Service Provider or business and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.

 

Guarantee Disclaimer

Unless otherwise expressed, Techsgate Co expressly disclaims all warranties and conditions of any kind. Whether expressed or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

 

Copyright License

Copyright (c) 2019(s) of first publication Techsgate Co

Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in Techsgate Co Website site and the material on our Website; and. All the copyright and other intellectual property rights in Techsgate Co Website and the material on our website are reserved.

The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Techsgate Co and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to Techsgate Co Copyright © 2019, Techsgate Co and Techsgate Co. All rights reserved.

 

Data Protection Policy

This Policy Intends To Provide The Visitors Of (Hereinafter: Website) With Clear And Detailed Information On The Manner Their Personal Data Are Processed And, In Particular, On The Types Of Processed Data, The Legal Basis Of Data Processing And Their Rights And Legal Remedies Related To the EU GDPR Data Processing  Act. We process your personal data in accordance with our Privacy Policy.

 

CAN-SPAM Act

In accordance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), www.Techsgate.com follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member library, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email info@Techsgate.com  and your account will be permanently removed from our system.

 

Other Terms

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.  If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any of our service where we have sent the Confirmation Notice. These Terms are governed by Superior Constitutional Court Kuwait and you can bring legal proceedings in relation to our Service in the Superior Constitutional Court Kuwait. We are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.

 

ComTechsgate Conts

If you have any question or comTechsgate Conts regarding our policy and terms please send us a message through our support email info info@Techsgate.com

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