DIASENSE MEMBER/SUPPLIER LICENSE AGREEMENT
October 19, 2015
1. Definitions:
a. The term “DiaSense” refers to the website running under domain name www.diasense.in.
b. The term “SoftSense” refers to “SoftSense Technologies Pvt. Ltd.” The private limited firm incorporated under the Companies Act, 1956 on 26th February, 2008 in INDIA and having its registered office in Surat, Gujarat- India.
c. The term “Service” refers to the services provided by DiaSense.
d. The term “Digital Materials” refers to document, literature, photos, images, videos, logos, domain name, concept, design, source code, algorithm, logics, business intelligence, formulas, content, data, database, query, stored procedure, software, mobile/tablet application, web services, IP address, user ID, password and/or any kind of digital materials related to Information Technology.
e. The term “Member” refers to user, individual, and/or company/organisation applying for or using the service. Member can only view the inventory listed on DiaSense and for further business process he/she/it can contact to supplier directly. SoftSense does not deal/buy/sell any diamonds/solitaires/inventories from/through DiaSense.
f. The term “Supplier” refers to user, individual, and/or company/organisation applying for or using the service and for uploading his/her/its own inventory only.
g. The term “DiaSense Analytics” refers to the digital result/data which have been produced by the calculation based on subjective algorithm/methods and/or formulas applied on inventory list/data provided by the supplier on DiaSense. No guarantee is made or liability assumed as to the accuracy or validity of the information provided by the subjective algorithm/methods and/or formulas of DiaSense.
2. Ownership and/or Proprietary Rights :
a. “DiaSense” is completely defined, developed, managed/controlled, run/publish and/or owned by SoftSense.
b. Any kind of digital or paper materials produced by DiaSense is an intellectual property of SoftSense and you are bounded to not use that materials, document or literature in any kind without specific permission given by SoftSense.
c. SoftSense reserves all the rights to manage/control, run, publish, sale and/or terminate, discontinuation of DiaSense at any time for any reason subject to the condition of diamond market and/or related to terms and condition defined by SoftSense for its business logics and future plans.
d. DiaSense reserves the right of restrict, suspend, terminate/cancel membership of member/supplier at any time for any reason subject to the terms and conditions.
e. DiaSense reserves the right to publish all information related to member/supplier who/which will be failed to follow the terms and condition of DiaSense.
f. DiaSense membership cannot not be transferred, disclose and/or share to other individual/company/organisation in any case.
3. Confidentiality :
a. Member/supplier cannot disclose, produce, share, provide, use, sale, store, print, distribute and/or release any kind of data, information, procedure, algorithm, source code, web services, analytics and/or digital materials published, provided, shown, used, stored, shared, distributed by and/or on DiaSense for his/her personal/private and/or public interest.
b. Member/supplier cannot download inventory uploaded on DiaSense or any other digital materials without the permission and/or legal contract made between SoftSense and DiaSense member/supplier.
c. Member/supplier must not be involve/participate directly or indirectly in any kind of hacking, crawling, fetching, downloading, updating, altering/modifying, translating, reproducing, merging, misleading, reverse engineering, decompiling, disassembling and/or getting information of whole or any part of any kind of digital materials from DiaSense and/or doing ping/attack to the DiaSense/SoftSense server by an individual/company/organisation through human efforts and/or computer/mobile/machine and/or technology/software and uploading/transmit anything that related to computer programing, source code, viruses that destroy, limit, fail and/or interrupt the functionality of DiaSense or any server owned/managed/controlled/run/rented and/or implemented by SoftSense. SoftSense reserved the rights to take legal action against member/supplier who founded to doing/running and/or involve/participate in this kind of activities.
d. Member/supplier agrees not to use DiaSense services and/or Digital Materials in unauthorized manner and not to violate any trademark, copyright, patent, agreement and/or terms and conditions connected/related to DiaSense and/or SoftSense.
4. Dispute, Obligation and Trustworthiness of Information/Data:
a. SoftSense does not guarantee the quality, accuracy, reliability of any Digital Materials provided on DiaSense and not even guarantee for diamond’s value and the source of diamond origin. Respected supplier will be responsible for any kind of argument/difference related to this matter.
b. SoftSense is not responsible for any dispute, fraud made by any member/supplier and/or differences formed by member/supplier. SoftSense is not guarantee the trustworthiness and/or reliability of any member/supplier of DiaSense.
c. Member/supplier must be responsible for given information about an individual and/or company/organisation owned/managed by him/her at the time of registration process. Member/supplier must be liable to produce any kind of identification proof or document which resembles to his/her individual/business authentication if asked by DiaSense/SoftSense in any type of correspondence/communication.
d. Member/supplier committed to provide/produce and/or upload true/right and proper information about him/her and/or company’s/organisation’s identification, nature of business/activities and/or inventory owned/controlled/managed by himself/herself/themselves.
e. All diamonds/solitaires/inventories/diamond prices/ availabilities of diamonds are uploaded by member/supplier itself and not viewed/graded/examined by SoftSense so some information may be wrong/false and therefore SoftSense does not responsible/liable directly, indirectly, incidentally, accidently in any case for any misleading information uploaded by member/supplier and/or respected member/supplier must be responsible/liable for this kind of misguidances or issues and thereby use of the DiaSense and any information is subject to sole risk of member/supplier.
f. Member/supplier may be informed via email or regular mail regarding changes to the terms and conditions and/or uses of service time to time.
5. Term:
a. This Agreement shall be valid up to 31st March, 2016 thereafter will be renewed automatically on the agreed terms unless terminated by SoftSense as per clause 5.b.
b. Notwithstanding the provisions of clause of 5.a SoftSense may, at any time, terminate this Agreement without assigning any reason immediately.
6. Governing Law:
a. This Agreement shall be governed by and construed in accordance with the laws of India.
b. All or any dispute / misunderstanding between member/supplier and SoftSense arising out of or in relation to this Agreement or any provision hereof (including interpretation of any provision hereof) shall, unless otherwise resolved by both amicably and/or must be result of termination of DiaSense Member license Agreement.
7. General:
a. By using the DiaSense services and using the DiaSense in any case or kind of accessing, you are agree and accepting the terms and condition of DiaSense Member Licence Agreement.
b. The Terms and Condition may be changed as per future industry needs by time to time, therefore you are committed to agree all changes in terms and condition of DiaSense which have been changed in future. Any kind of obligation related to terms and condition of DiaSense must been sent to SoftSense in written. Any kind of digital documents not be considered as well.
c. Member/supplier acknowledges and agrees that all Digital Materials, service and/or information provided by DiaSense contain proprietary and confidential information and all of them are intellectual properties of SoftSense and therefor owned by SoftSense and protected by various property and intellectual property rights owned exclusively by SoftSense, including but not limited to rights arising under Indian copyright act 1957, copyright act 2013 and/or MINISTRY OF HUMAN RESOURCE DEVELOPMET and international regulations, laws and treaties, including but not limited to, Intellectual Property rights, misappropriation laws, copyrights, database rights, trademarks and/or patents.
d. At any point of time due the technical/logical difficulties/issues the DiaSense website/service can be disturbed and/or cannot be used. SoftSense does not guarantee continuous services and not responsible for any such interruption and/or Digital Materials lose/brake/corrupt.
e. By clicking on check box “I Agree Terms & Conditions” at the time of registration you are being agree and accept all terms and conditions mentioned in DiaSense Member License Agreement.
