TERMS AND CONDITIONS FOR USE OF PLATFORM AND APPLICATION

All references to “you” or “your”, as applicable, means the person who accesses and/ or uses the Platform (as defined below) in any manner (“Users”). If you use the Platform on behalf of an entity, you represent and warrant that you have been permitted by the entity to use and access this Platform and all information shared on this Platform, and you further represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms of Use (as defined below) will be deemed an acceptance by the entity that you represent, and “you” and “your” herein shall refer to such entity.

These terms of use (the “Terms of Use”) govern your use of our website https://www.trasers.com (the “Website”) and our application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”. Reference to “we” or “our” means Trasers.

Please read these non-negotiable terms and conditions of use carefully, before using the Platform. By continuing to use this Platform, you, the User, agrees to be bound by these Terms of Use.

Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject matter hereof, by using the Platform, you agree to each of the Terms of Use set forth herein, including any additional terms and conditions applicable to specific areas or content on the Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue accessing or using this, or the content of this Platform. By continuing to use this Platform, you agree that the terms, conditions and disclaimers set out in these Terms of Use are reasonable.

1. Changes to these Terms of Use

We reserve the right to modify these Terms of Use at any time with or without notice to you. Please check these Terms of Use from time to time, to take notice of any changes that we make, as they will be binding on you. Your continued use of the Platform after any such changes constitutes your agreement to follow and be bound by these Terms of Use as modified.

2. Changes to the Platform

In order to optimize and improve your experience, we may update our Platform from time to time, and may change the content, display or form, at any time with or without prior notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Platform . We do not guarantee that the Platform, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update this Platform or any of the content provided on it.

3. Use of Platform and the Content

You are permitted to access the Platform, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works or materials including research papers and/ or publications, opinions, data analysis, statistics or any tool kits (including without limitation information technology maturity models) (severally or collectively, the “Content”) solely for your or your organization’s internal information purposes. The usage, storage and limitation on dissemination of any Content shall be governed and determined by the terms and conditions under the agreement executed by and between us and the User (either by yourself, in your individual capacity, or by your organisation), for this purpose.

Neither you nor your organization may, without our prior written consent, use any Content nor any excerpt from any Content to promote your or your organizations’ products or services, or for any specific business purposes, such as providing the same as part of your annual reports. You consent that your use of any of our Content will be subject to you providing due credits and relevant accreditation in this regard, including providing details of the year of publication of such Content on the Platform. You further understand and agree that any specific limited license and/ or re-print rights (either digitally, or otherwise) made available to you with regard to the use of the Content, or any part thereof, can be used worldwide, subject to the rights granted to you and the specific limitations in this regard. The Platform and all of the Content are protected by applicable laws, and belong to us, our licensors or third parties. No right, title or interest in any Content is transferred to you. Further, you agree to use the Platform and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Platform or render the Platform inaccessible to others.

4. Limited license to use Platform

We grant you a limited license to access and make personal use of the Platform, but not to copy, duplicate, modify it, or any portion of it. This license does not include any resale or commercial use of the Platform or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Platform or its Contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extract on tools.

You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by us in writing or expressly permitted in these Terms of Use.

5. Services on the Platform

Based on the subscription model opted by you, you will receive limited rights to access the Platform, and will be able to perform all such activities and receive all such benefits, as part of the relevant subscription model (collectively, the “Services”). For details on the subscription-based Services we offer, please refer to the usage guidelines. Should you wish to opt for any of the subscriptions, you may avail the same at https://www.trasers.com/libraries

6. Access to the Platform, Content and Security

We endeavour to make the Platform and/ or the Content available at all times. However, we do not represent that access to the Platform and/ or the Content will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

We do not warrant that the Platform and/ or the Content will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform and/ or the Content or your obtaining any material from, or as a result of using the Platform and/ or the Content. We shall also not be liable for the actions of third parties. We reserve the right to suspend or withdraw access to the Platform and/ or any of it’s the Content to you personally, or to all Users temporarily or permanently at any time without notice.

7. Restricted Content

Access to certain areas of the Platform is restricted (“Restricted Content”) to exclusive clients of ours, and/ or such other individuals/ entities having an arrangement with us for this purpose (including without limitation, restricted/ limited access through subscription models, account specific/ password protected accesses, etc.). You are not authorized to access any password-restricted areas unless you have received a password from us (or from your employer if your employer has been authorized by us to issue such password). You may not use another person’s password to access the Platform.

If you have been issued or given access to any Content though a password, you are responsible for keeping your password confidential. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Platform or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Content with any other individuals or third parties, except as expressly provided in these Terms of Use or any contract executed by you for this purpose. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password. To protect the security of the Platform and your account, we reserve the right to monitor the Platform usage and suspend access to any account with activity we deem suspicious. If your account is suspended, we will contact you to ensure that your account has not been compromised before reactivating your access.

8. Further restrictions on use of Platform and Content

You hereby consent and agree not to (a) violate the security of the Platform nor attempt to gain unauthorized access to Platform or any of its Content, including without limitation any data, materials, information, computer systems or networks connected to any server associated with the Platform, through hacking, password timing or any other means; (b) take nor attempt any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large burden on the Platform or its infrastructure; (c) use nor attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Platform, any data or content found on or accessed through the Platform without our prior written consent; and (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other Content.

9. Accuracy of information

While the information contained on the Platform has been obtained from sources believed to be reliable, we disclaim all warranties as to the accuracy, completeness, reliability or adequacy of such information. The Content on the Platform is based on our reasonable efforts to compile and analyse the best sources reasonably available to us at any given time. Any opinions reflect our judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Platform or the Content is to discontinue using the Platform.

10. Third party links

This Platform may contain links to other third party Platforms, which are provided as additional resources for the convenience of the Users. We do not endorse, sponsor or accept any responsibility for these third party Platforms, and the User agrees to direct any concerns relating to these third party Platforms to the relevant Platform administrator.

11. Choice of Users

You may request alteration/ deletion of your personal data or information that may be collected by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request in accordance with our Privacy Policy and in the ordinary course only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in the archives.

12. Intellectual property rights

All Content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and/or other works or materials including research publications, opinions, data analysis, statistics is our property, or the property of our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. The compilation of all the Content on our Platform is our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on the Platform is also our exclusive property, or the property of our affiliates or software suppliers, and is protected by Indian and international copyright and authors’ rights laws.

13. Privacy

By using this Platform, you agree to be bound by and abide by the terms and conditions of our Privacy Policy, the terms of which are incorporated into, and form a crucial part of, these Terms of Use. Our Privacy Policy sets out information on our data privacy compliances, and the practices and policies, including the safety standards and measures implemented by us in this regard, including due compliance measures and observance of the provisions of the EU General Data Protection Regulation, as applicable. It also sets out the terms on which we process any personal or financial data or information we collect from you, or that you provide to us. Our Privacy Policy shall also apply to your use of our Platform and by using our Platform, you consent to such processing and you warrant that all data provided by you is accurate.

14. Further User assurance

By using our Platform and/ or any of its Content, you represent and warrant that all information you submit, including without limitation, any registration or subscription details, is truthful, lawful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that your use of the Platform and/ or any of its Content shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other Users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use the Platform and/ or any of its Content.

15. Termination

In accessing and using our Platform, you agree to comply with all applicable laws and further agree not to take any action that would compromise the security or viability of our Platform. We reserve the sole right to terminate any of the User’s access to the Platform at any time for any reason. The terms hereunder regarding Accuracy of Information, Limitation of Liability and Indemnity shall survive termination.

16. Limitation of liability

In no event will we, or our directors, employees, agents, licensors, partners or suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (a) these Terms of Use; or (b) your use or inability to use the Platform or any of its Content. In no event will we or any of our contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (a) these Terms of Use; or (b) your use or inability to use the Platform or any of its Content; or (c) any other interactions with us, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Platform or any of its Content. In no event will we or any of our contractors, directors, employees, agents, third party partners, licensors or suppliers be liable to you for any losses, damage, liabilities, and causes of action arising out of any act, omission or negligence to which you contributed.

17. Indemnity

You agree to indemnify, save and hold us and our affiliates, contractors, employees officers, directors, agents and third party partners harmless from any and all claims, losses, damages, liabilities, costs and expenses, including without limitation, legal fees and expenses arising out of or related to your use or misuse of the Platform or any of its Content, any violation of these Terms of Use, or any of the covenants made by you herein.

18. Governing law and jurisdiction

These Terms of Use are governed by, and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of courts in Bangalore, India.

19. Grievance Officer

The name and contact details of our Grievance Officer are as follows:

Ganesh Arunachala
Vice President - Chief Assurance Officer - Corporate Data Protection
2350 Mission College Blvd., Suite 1250, Santa Clara, CA 95054
E-Mail: [email protected]

The Grievance Officer can be contacted to report abuse, or to complain against any content hosted, transmitted, published, updated or shared on our Platform.