Term of Use
This document is an electronic record in terms of the laws of India and is generated by a computer system and does not require any physical or digital signatures.
I. Services / Use of software:
Watcher is a cloud based software solution to manage and track your compliances. This platform helps your organization to conform to various legal statutes, regulations, government directives and guidelines that bring full transparency and visibility to you and your organization. Watcher gives you state of the art reporting and dashboards on multiple parameters including location, entity and by regulatory bodies. With a strong task and alert management support, users can leverage systems advanced default tasks and alert management capabilities or create customized alerts. The task management function allows assigning tasks to the right resource groups within your organization.
II. Registration / Account:
Prior to using the Website or any part of the Services, You shall be required to register with Watcher through the Website by setting up an Account and selecting a desired password and user ID. You agree that at the time of creating your account, you will not (1) select or use as a user ID the name of another person; or (2) use as a user ID, a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a user ID and password at our sole discretion. You are solely responsible for any and all activity that takes place on your account and for maintaining the confidentiality of your account details. You may never use another registered user's account without obtaining the prior written consent of such other registered user. In the event that you discover any unauthorized use of your account or other account-related security breach, you must immediately notify us in writing of such unauthorized use and contact at email@example.com.
In order to reduce the risk of unauthorized access, all accounts maintained with us through the Website are locked after five (5) consecutive incorrect login attempts or as decided by Watcher from time to time. In the event of such lockout, you can email the administrator firstname.lastname@example.org and the Account shall be unlocked upon receipt of your email. You can also request for a password reset on our website through the 'forgot password' option on the website.
You may be required to upload certain information about you, including information that may be reasonably considered to be confidential, and to designate which users may have access to that information. We will make best efforts to ensure that only such users identified by you have access to the said information. However, we have no control and assume no responsibility arising out of any user's viewing / using / distributing such information.
If you do not want to register an account, DO NOT click "Register Now" / "Sign Up" and do not access, view, download or otherwise use any webpage, information or Services available under the Website. By clicking "Register Now" / "Sign Up" you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. You may decline to submit certain information through the Website, in which case you may not be allowed to access certain features / parts of the Website.
III. Purchase / Payment
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to Watcher storing your payment information. You also agree to pay the fees for the services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any amount that may be overdue. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Watcher does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Services, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Watcher’s Services are subject to this Agreement and any additional terms related to the provision of the Services. Additionally, if you require a printed invoice for your transaction with us, you may access it through your request one by contacting our customer support at email@example.com.
IV. Subscription / purchase of Services:
Subscription to our Website shall be in accordance with the business model displayed on the Website. Usage of our Website and Services shall be based on a non-refundable pricing model. Pricing shall be determined based upon your choice of the Services made available on the Website. In consideration for the services rendered by us, you agree to pay the applicable subscription fees at the time of registration on the Website. This subscription fee shall be subject to applicable taxes.
Intellectual Property Issue:
This Website is operated by and is the sole property of Watcher or its affiliates. Any and all material on this Website, including images, illustrations, audio and video clips are protected by copyrights, trademarks, and other intellectual property rights that are owned by us or by other parties that have licensed such material to us or such parties having ownership of content uploaded on the Website. You agree that any and all material displayed on the Website is solely for Your personal use and You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, spread or distribute such material in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. Modification of the said materials or use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. Unless otherwise specified, when any content is downloaded to your computer, you do not obtain any ownership interest in such content or any use of the content for any other purpose. We reserve all rights not expressly granted to you.
Watcher shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by you on the Website.
VI. User Conduct / Prohibited Uses:
The Website may be used only for lawful purposes. Watcher specifically prohibits any use of the Website for, and you further agree not to use the Website for, any of the following purposes:
2) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
3) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
4) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to the Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including but not limited to the terms Watcher, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Watcher, Watcher, or its Partners or otherwise tarnish or dilute any Watcher’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes any unreasonable or disproportionately large load on the infrastructure of the Website or Watcher’s systems or networks, or any systems or networks connected to Watcher.
6) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
9) You agree to assume full and sole responsibility for any User Content you post to the Site, and you agree to:
Abide by the Community at Compliance Watcher Rules for Members (which are fully incorporated into these Terms);
Post User Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports Compliance Watcher’s mission of inspiring people to care about the world or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Compliance Watcher’s use, in accordance with the access you grant in Intellectual Property Issues above, of any User Content that you post, and nothing you post will infringe on the rights of others; Neither post nor transmit any unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive User Content, or User Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other User Content that infringes on the ability of others to enjoy the Site, or is otherwise inappropriate; Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user. Neither post nor transmit through the Site any User Content that constitutes advertising or solicitation with respect to any product or service; Not post anonymously or impersonate any other person; Neither use nor launch any automated means, including “robots,” “spiders,” or “offline readers” that accesses the Website in a manner that sends more request messages to the Compliance Watcher servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); and Not to alter or modify any part of the Site, make no use that would interfere with or disrupt the Site or servers or networks connected to the Site, make no User Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by Compliance Watcher.
Compliance Watcher wants to inspire an open exchange of information and ideas on the Site. You can expect the Site to include information and opinions from a variety of individuals and organizations other than Compliance Watcher. Compliance Watcher neither endorses nor guarantees the accuracy of any User Content. Compliance Watcher does not preview, censor, approve, edit, or endorse User Content and cannot guarantee that inappropriate material will not be posted. Compliance Watcher may review User Content from time to time and may take steps to remove inappropriate User Content that comes to its attention; however, it engages in no routine monitoring of the Site. There is no substitute for healthy scepticism and your own good judgment.
Caution: any attempt by any person to intentionally damage the site is a violation of criminal and civil laws. Should such an attempt be made, compliance watcher reserves the right to seek damages from any such person to the fullest extent permitted by law.
VII. Alteration / Modifications
We reserve the right at any time and from time to time, in our sole discretion, to modify or discontinue, temporarily or permanently, the Services or any part thereof, including the transmission of any related materials or documentation, with prior notice to you, through publication on the Website. You agree that Watcher shall not be liable to you or to any third party claiming through you, for any modification, suspension, or discontinuance of the Services, content, or features provided on the Website.
VIII. System Limitations and Failures
We use internally developed systems for providing the Services to You. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience disruptions. Further, we continually enhance and improve these systems in order to accommodate the level of use of the Website. We may also add additional features and functionality to the Services that might result in the need to develop or license additional technologies. Increased utilization of the Website or providing new features or functionality may cause surprising system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that we shall not be liable to you or to any third party claiming through you, for any such failures contemplated herein.
IX. Privacy and Confidentiality
X. Links from other Websites
This Website can be made accessible through a link created by other websites. Access to this Website through such links shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, thoughts of such other websites or their aim or purpose in establishing such links to this Website are necessarily the same or similar to the idea, concept, aim or purpose of our Website or that such links have been authorized by us. We are not responsible for any representations of such other websites while affording such link and no liability can arise upon Watcher consequent to such representation, its exactness or accuracy. In the event that any links afforded by any other websites derogatory in nature to the objectives, aims, purposes, ideas and thoughts of this Website, is utilized to visit this Website and such event is brought to the notice or is within the knowledge of Watcher, civil or criminal remedies as may be suitable shall be invoked.
All electronic communications and content presented and / or passed to us, including that offered and / or passed from remote access connections, may be monitored saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Watcher, in the exercise of their duties, or by law enforcement authorities who may be assisting Watcher in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, Watcher has the right to reject, at its sole discretion, from the Website any electronic communications or content deemed not to be in compliance with orate policies and procedures of Watcher.
XII. Governing Law and Dispute Resolution
XV. No Waiver
You acknowledge and agree that, upon termination, you shall immediately destroy any copies made of any portion of the content contained on the Website. You acknowledge and agree that Watcher shall not be liable to you or any third party claiming through you, for any suspension or termination of access to the Services and the Website or for any deletion of Account information.
XVII. Disclaimer of Warranties and Limitation of Liability
The Website, including any content or information contained on it in connection with the Services, is provided on an "as is" basis. We hereby expressly disclaim all warranties and representations of any kind with respect to the Services or content contained on the Website, including but not limited to (a) warranties as to reliability of any information that is provided on the Website, or (b) warranties as to any results to be obtained from any use of the Services or Watcher content or information derived from the Services.
Watcher content, including the Services, shall not be construed as advice by Watcher or an opinion provided by Watcher regarding any compliance requirements by you or as legal opinion. Watcher shall have no liability for Compliance decisions based upon, or the results obtained from Watcher content, including the Services. Watcher content is intended for general information purposes only and should not be relied or acted on without obtaining business and/or legal advice.
Watcher does not endorse or act on behalf of any third party. In the event you engage the services of / interact with any third party, through the Website, Watcher will not be liable to you for any act or omission by such third party in relation thereto.
Watcher shall have no liability for any losses, special, disciplinary, incidental, direct or indirect, in contract, offence, or otherwise, incurred in connection with the Services or Watcher content, including but not limited to penalty levied by regulatory authorities, loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance upon the Services or Watcher content.
You agree to indemnify, defend, and hold harmless Compliance Watcher; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. Compliance Watcher reserves the right to assume, at its sole expense, the exclusive protection and control of any matter subject to indemnification by you, in which event you will fully cooperate with Compliance Watcher in asserting any available defenses.