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Terms & Conditions

Thank you for visiting www.emvoke.com  (the website) and reading its materials. We would like to inform you about some rules set for our users, and we ask you to read them. These terms of use are entered into by and between you and  EMVOKE Technologies Pvt Ltd,   and all its affiliated companies (“ EMVOKE Technologies Pvt Ltd”, “we”, or “us”). Please note, that access to, use of or downloading and submitting of information, software, files or images (collectively 'the materials') from this website is subject to the terms and conditions below (the “Terms of Use”).

This website contains information that is the property of  EMVOKE Technologies Pvt Ltd. We keep all the rights on those materials, which are placed on the website for your convenience. Information on this website is provided "as is", without any additional support or warranty.  EMVOKE Technologies Pvt Ltd is not responsible for any possible problems or losses in case of using this information for any purpose.

 

We do not provide any rights to reproduce, re-distribute, sell, publish, broadcast or circulate any materials contained in this website to anyone, except for personal purposes. We reserve the right, in our discretion, to add, modify, or remove portions of these Terms of Use at any time and for any reason.

 

If you visit our website, you accept to be bound by these Terms of Use. If you do not agree with any of these terms, you are prohibited from using or accessing this website or any data or services provided through the website; and you should exit the website immediately.

1. Terms

1.1. By accessing this website, you are agreeing to be bound by these website Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. By registering as a user of website or by using of website, you agree to:

  • maintain no more than a single user account by providing the most accurate, complete and recent information for creating and maintaining said account;

  • not bring about harm to any of the other users, third parties,  EMVOKE Technologies Pvt Ltd;

  • comply strictly with these Terms of Use;

  • not violate intellectual property rights of third parties;

  • not violate privacy rights of other individuals;

  • the processing of your personal data according to the privacy policy.

 

1.2. You will not use this website or any data or services provided through the website for, or to encourage, any unlawful purpose; nor post or transmit on the website inaccurate,  complete or false information ( luding in the case of candidates, biographical information about yourself and/or information about your ability to work in certain countries); nor will you post or transmit on the website any libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You confirm that you will not post or transmit on the website any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the website; or which alters or deletes any information which you have no authority to alter or delete; or which overloads the website by spamming or flooding it. You will not use any device, routine or software to crash, delay, or otherwise damage the operation of this website. You will not use the website in a manner that could damage, disable or impair the services or content being provided by  EMVOKE Technologies Pvt Ltd. You must not attempt to gain unlawful or unauthorized access to the website, other resource material, computer systems or networks connected to any server associated with the website through hacking, password mining or any other improper or illegal means.

 

1.3. If you are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You are solely responsible for all activities that occur in connection with your account and must not bring about harm to any of the other users, third-parties, or  EMVOKE Technologies Pvt Ltd. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

 

1.4. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use and we otherwise determine is in our best interests.

 

2. Intellectual Property Rights

2.1. The materials contained in this website and its entire contents, features and functionality ( luding but not limited to all information, software, text, displays, images, video, podcast and audio), and the design, selection and arrangement thereof, are owned by  EMVOKE Technologies Pvt Ltd, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade dress, trade secret and other intellectual property or proprietary rights laws. The material in this site is provided for lawful purposes only.

2.2. The trademarks, logos and service marks (collectively the “trademarks”) displayed on the website are registered trademarks of  EMVOKE Technologies Pvt Ltd.

 

2.3. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without written permission of  EMVOKE Technologies Pvt Ltd. Your use of the trademarks or any other content on the website is strictly prohibited, unless specifically authorized. You are advised that  EMVOKE Technologies Pvt Ltd will aggressively enforce its intellectual property rights to the fullest extent of the law.

 

2.4. Permission is granted to temporarily download the materials for personal, non-commercial use, for purposes of expanding your knowledge or education only. This is a grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;

  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • attempt to decompile or reverse engineer any software contained on this website;

  • remove any copyright or other proprietary notations from the materials;

  • transfer the materials to another person or "mirror" the materials on any other server; or

  • download, upload print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any content in whole or in part without  EMVOKE Technologies Pvt Ltd written authorization.

 

2.5. This license shall automatically terminate if you violate any of these restrictions in this Section 2 and may be terminated by  EMVOKE Technologies Pvt Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

2.6. In the event that you notice a violation of  EMVOKE Technologies Pvt Ltd’s copyrights on any third party website, please send a report of such copyright of third parties please send a report of copyrights violations via this link.

 

2.7. You agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights,  luding privacy and publicity rights, unless you are the owner of such rights or have permission from the legal owner to post the material and to grant to  EMVOKE Technologies Pvt Ltd all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage  EMVOKE Technologies Pvt Ltd or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party's rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; and (e) submit or transmit any viruses, worms, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.  EMVOKE Technologies Pvt Ltd does not endorse any user submissions or any opinion, recommendation, or advice expressed therein, and  EMVOKE Technologies Pvt Ltd expressly disclaims any and all liability in connection with user submissions.  EMVOKE Technologies Pvt Ltd does not permit copyright infringing activities and infringement of intellectual property rights on the website or the services, and  EMVOKE Technologies Pvt Ltd will remove all content and user submissions if properly notified that such content or user submission infringes another's intellectual property rights. You acknowledge that  EMVOKE Technologies Pvt Ltd and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove content and user submissions without prior notice.  EMVOKE Technologies Pvt Ltd also reserves the right to terminate a user's access to the website and services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website and/or the services more than twice.  EMVOKE Technologies Pvt Ltd also reserves the right to decide whether content or a user submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  EMVOKE Technologies Pvt Ltd may, at its sole discretion, remove such user submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice.

 

2.8.  EMVOKE Technologies Pvt Ltd doesn’t own content you submit to this website.  EMVOKE Technologies Pvt Ltd can use the content you’ve submitted. You grant to  EMVOKE Technologies Pvt Ltd the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, reproduce edit, modify, reformat, excerpt, delete, translate, perform, distribute, exercise, commercialize and disclose to third parties any such content. You represent and warrant that you own or control all rights in and to your contributions to the website and have the right to grant the license granted above to us.

 

2.9. You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not  EMVOKE Technologies Pvt Ltd, has full responsibility for such content,  luding its legality, reliability, accuracy, and appropriateness.

 

3. Monitoring and Enforcement; Termination

3.1. We have the right to: (i) take any action with respect to any information you submit to the website that we deem necessary or appropriate if we believe that such information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for the  EMVOKE Technologies Pvt Ltd; (ii) take appropriate legal action,  luding without limitation, referral to law enforcement, for any illegal or unauthorized use of the website; and/or (iv) terminate or suspend your access to all or part of the website for any or no reason,  luding without limitation, any violation of these Terms of Use.

 

3.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS  EMVOKE TECHNOLOGIES PVT LTD FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY  EMVOKE TECHNOLOGIES PVT LTD DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER  EMVOKE TECHNOLOGIES PVT LTD OR LAW ENFORCEMENT AUTHORITIES.

 

3.3. However, we cannot review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

4. Disclaimer

4.1. The material in this website could  lude technical inaccuracies or typographical errors.  EMVOKE Technologies Pvt Ltd may make changes or improvements at any time. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN,  EMVOKE TECHNOLOGIES PVT LTD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,  LUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.  EMVOKE TECHNOLOGIES PVT LTD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE SECURE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  EMVOKE TECHNOLOGIES PVT LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT  EMVOKE TECHNOLOGIES PVT LTD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING EXCLUSION DOES NOT AFFECT ANY IMPLIED WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

4.2. This website contains downloadable materials as well as links to external websites.  EMVOKE Technologies Pvt Ltd is not responsible for, and has no control over, the content of such downloadable materials or external websites.

 

4.3. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

 

4.4. Unless specified otherwise, any information you submit in connection with this website shall be considered as non-confidential and non-proprietary. You represent that you have the lawful right to submit such information. By supplying such information, you give to

 

EMVOKE Technologies Pvt Ltd the right to use it on an unrestricted basis. We do not require any 'sensitive' data in our online recruitment process. We therefore kindly request you not to communicate any personal details revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life, litigation or judicial convictions. If you nevertheless provide us with such sensitive data, you agree that we may process it for our recruitment purposes.

 

4.5.  EMVOKE Technologies Pvt Ltd does not guarantee that any employer or client will ask for a candidate’s information that was submitted through this website, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client. We make no representation or warranty as to the final terms and duration of any appointment obtained through this website. We do not guarantee that any employer or client will keep confidential any candidate information or data provided to them.

 

4.6. The documents provided on this website contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933, and Section 21E of the Securities Exchange Act of 1934. These forward-looking statements  lude information about possible or assumed future results of our business and financial condition, as well as the results of operations, liquidity, plans and objectives. In some cases, you can identify forward-looking statements by terminology such as “believe,” “may,” “estimate,” “continue,” “anticipate,” “intend,” “should,” “plan,” “expect,” “predict,” “potential,” or the negative of these terms or other similar expressions. We may also make forward-looking statements in other reports, in presentations, in material delivered to shareholders and in press releases. In addition, our representatives may from time to time make oral forward-looking statements. Such statements are based on the current expectations and certain assumptions of  EMVOKE Technologies Pvt Ltd's management, of which many are beyond  EMVOKE Technologies Pvt Ltd's control. These statements are subject to, without limitation, the risk factors discussed under the heading “Risk Factors” in  EMVOKE Technologies Pvt Ltd’s Annual Report on Form 20-F for the year ended March 31, 2017 and other documents filed with or furnished to the Securities and Exchange Commission by  EMVOKE Technologies Pvt Ltd. Except as required by law,  EMVOKE Technologies Pvt Ltd undertakes no obligation to publicly update any forward-looking statements for any reason after the date of this news release whether as a result of new information, future events or otherwise.

 

4.7. Any transactions described on the website as having been engaged in by  EMVOKE Technologies Pvt Ltd are  luded as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by  EMVOKE Technologies Pvt Ltd. The documents provided on this website  lude supplemental financial measures that are or may be non-GAAP financial measures. These supplemental financial measures should not be viewed in isolation or as alternatives to measures of  EMVOKE Technologies Pvt Ltd' net assets and financial positions or results of operations as presented in accordance with Indian Company Act in its consolidated financial statements. Other companies that report or describe similarly titled financial measures may calculate them differently.

Due to rounding, numbers presented throughout this and other documents may not add up precisely to the totals provided and percentages may not precisely reflect the absolute figures.

 

5. Limitations

5.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  LUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL  EMVOKE TECHNOLOGIES PVT LTD, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES,  LUDING ANY DIRECT, INDIRECT, SPECIAL,  IDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,  LUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT ( LUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF  EMVOKE TECHNOLOGIES PVT LTD OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.  EMVOKE TECHNOLOGIES PVT LTD WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY,  LUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, AND DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TOTAL LIABILITY OF  EMVOKE TECHNOLOGIES PVT LTD TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT ( LUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

 EMVOKE TECHNOLOGIES PVT LTD SHALL NOT BE LIABLE FOR YOUR CONTENT, MATERIAL OR OTHER THIRD-PARTY MATERIAL,  LUDING LINKS TO THIRD-PARTY WEBSITES AND ACTIVITIES PROVIDED BY USERS. SUCH CONTENT AND ACTIVITIES ARE NEITHER ATTRIBUTABLE TO  EMVOKE TECHNOLOGIES PVT LTD NOR DO THEY REPRESENT  EMVOKE TECHNOLOGIES PVT LTD’S OPINION.

 

6. Revisions

The materials appearing on this website could  lude technical, typographical, or other errors.  EMVOKE Technologies Pvt Ltd does not warrant that any of the materials on its website are accurate, complete, or current.  EMVOKE Technologies Pvt Ltd may make changes to the materials contained on its website at any time without notice. We may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the current version of Terms of Use.

7. Links

This website contains downloadable materials as well as links to external websites and resources provided by third parties; these links are provided for your convenience only.  EMVOKE Technologies Pvt Ltd is not responsible for, and has no control over, the content of such downloadable materials or external websites. All such content is solely the responsibility of the person or entity providing such content. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The  lusion of any link does not imply endorsement by  EMVOKE Technologies Pvt Ltd. . We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. Privacy

8.1. Any personal information that you provide to us on this website is subject to our privacy policy which is  orporated into these Terms by reference, as if set forth fully herein.

 

8.2.  EMVOKE Technologies Pvt Ltd is obliged to comply with governmental requests, subpoenas, and court orders and has the right to ensure the integrity of operations. Taking in account above written you are hereby notified that  EMVOKE Technologies Pvt Ltd may disclose any information and content considered necessary to disclose by government body or court on the basis of written requests, subpoenas, and court orders without limitation.

9. Governing Law

Any claim relating to this website or materials shall be governed by, and interpreted in accordance with, the Indian laws without regard to its conflicts of law principles.

10. Indemnification

You agree to defend, indemnify and hold website, and its subsidiaries, affiliates, officers, directors, employees, representatives, proprietors, partners, shareholders, servants, pr ipals, agents, predecessors, successors, assigns, co-branders, licensees, members and attorneys harmless from and against any and all suits, actions, claims, demands, proceedings (whether judicial, regulatory, or administrative), damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses ( luding reasonable attorneys' fees and litigation expenses) relating to or arising from the website, your use of the website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

11. Availability

We use reasonable efforts to ensure that the website is generally available. However, there will be occasions when access to the website will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the website. You are responsible for obtaining access to the website and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the website.

 

12. Waiver and Severability

No waiver by  EMVOKE Technologies Pvt Ltd of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the  EMVOKE Technologies Pvt Ltd to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect.

 

13. Changes to Terms of Use

 EMVOKE Technologies Pvt Ltd may at any time and at its sole discretion modify these Terms of Use,  luding Privacy Notice with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of website, services following any such modification constitutes your acceptance of these modified Terms of Use.

You are expected to check this page periodically to take notice of any changes, as they are binding on you.

14. Entire Agreement

 

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and  EMVOKE Technologies Pvt Ltd regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

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