Terms of use

These Terms of Use (“Terms”) contain important information regarding the DIGINIFY API, DIGINIFY software / services (collectively referred to as the “DIGINIFY APIs”), and by downloading / accessing / using the DIGNIFY APIs, You agree to the following Terms. Us/Our/We/Tata Communication refers to Tata Communications Limited, its Affiliates or licensors. “Affiliates” for the purpose of the Terms shall mean an entity that directly or indirectly controls, is controlled by or is under common control with a party.  For purposes of the foregoing, “control” shall mean the ownership of more than fifty percent (50%) of the (i) voting power to elect the directors of the said entity, or (ii) ownership interest in the said entity. You/Your refers to the user using the DIGINIFY APIs.

1. The Terms shall apply where You register for trial of Our DIGINIFY API. By registering, accessing, or using the DIGINIFY API or accepting these Term by clicking on ACCEPT button for trial purpose, You denote your acceptance, and agree to these Terms. You shall be liable for and on behalf of use by You or Your authorized users of DIGINIFY API and You represent that You have full authority to bind Your authorized users to, and/or the organisation on whose behalf You are accepting these Terms. The Terms are non-negotiable and if You do not agree to the Terms then do not click ACCEPT or register/access/use the DIGINIFY API in any manner during the Trial Period. Upon Your successful registration for trial of the DIGINIFY API, We will make the DIGINIFY API available for the Trial Period for the limited purpose of Your internal testing and evaluation of the suitability of the DIGINIFY API. This purpose is limited to Your own internal business use, free of charge, until the earlier of: (a) the end of the applicable free Trial Period; or (b) the commencement date of any DIGINIFY API services ordered by You in substitution of such trial services.
   
   
2. Any illegal or unauthorized software must not be used in connection with the DIGINIFY API. If any illegally acquired or unauthorized software is detected by Us or by Our network administrator, the same will be removed immediately and Your use of the DIGINIFY API shall immediately stand suspended or terminated, at our sole discretion. You (i) are responsible for all activities occurring under Your user accounts; (ii) are responsible for the content / all Your data; (iii) shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the DIGINIFY API, and shall notify Us promptly of any such unauthorized use You become aware of; and (iv) shall not infringe or violate third party rights, and shall comply with all applicable local, state, federal, and foreign laws, and regulations in using the DIGINIFY API.
   
   
3. You shall use the DIGINIFY API solely for Your internal business purposes and shall not: (i) license, sell, sublicense, resell, rent, transfer, lease, assign, distribute, or otherwise commercially exploit or make the DIGINIFY API available to any third party; (ii) send spam or  unsolicited messages or use the DIGINIFY API in violation of applicable laws; (iii) send or store infringing, threatening or otherwise unlawful or illegal content or bombs, viruses, Trojans, worms, time bombs, or any other harmful or malicious code, scripts, agents, or programs; (v)  modify, copy, or create derivative works of the DIGINIFY API; (vi) reverse engineer the DIGINIFY API or User Manual; or (vii) access the DIGINIFY API in order to develop a competitive product or service, or copy any ideas, features, functions, or graphics of the DIGNIFY API or attempt to gain unauthorized access to the DIGINIFY API or its related systems or network.  
   
   
4. Subject to the limited rights granted herein, We reserve all right, title and interest in and to the DIGINIFY APIs and all derivatives thereof (including without limitation all patents, trade secrets, copyrights, trademarks and other intellectual property or similar proprietary rights, as maybe applicable) are and shall belong to, and remain the property of Tata Communications or its licensors’, and these Terms in no way conveys any right, title or interest to you in the DIGINIFY APIs except a limited right of use in accordance with these Terms.
   
   
5. Further, Tata Communications grants You a non-exclusive, non-transferable, non-sublicensable, limited and personal right to access and use the DIGINIFY APIs during the Trial Period (as defined hereinafter) solely for Your internal testing and evaluation purposes. “Trial Period” means the thirty (30) day period, starting from the date of successful registration leading to grant of access to use the DIGINIFY APIs, and during which time the DIGINIFY APIs will be made available to You, free of cost.
   
   
6. Any use of the DIGINIFY APIs under these Terms shall be in accordance with the User Manual, and You acknowledge that it is Your responsibility to read and understand the User Manual before commencing use of the DIGINIFY APIs. You acknowledge that all intellectual property rights in the User Manual including copyright belongs to Us. ‘User Manual” means the document or guidelines, or online documentation (including without limitation online videos, demonstrations, and similar media) provided by Us describing or otherwise relating to the DIGINIFY API or its use. You shall not remove or interfere or disturb or in any manner alter intellectual property notices including proprietary, copyright or trademark notices contained in the User Manual including. 
   
   
7. You shall conduct a vulnerability and penetration test in regular intervals for security assessment of the content, data or other information uploaded by You during your use of DIGNIFY API. You agree and acknowledge that we shall not be responsible for any technical security of Your data or content or other information, and it is Your responsibility to secure your data / content / information against data breach or other security vulnerabilities, and maintain / implement adequate security measures as maybe required under applicable laws and/or good industry practices. Any remediation if required will be conducted by You, at Your own cost and Tata Communications will not be liable for such events in any manner whatsoever. We may utilize appropriate logging and monitoring controls for all Your systems and shall maintain electronic logs to serve You better and to do necessary modification or destruction for security logging and monitoring purpose of DIGINIFY API.
   
   
8. In case of any suggestion, comment, feedback or usage related information pertaining to the DIGINIFY APIs including User Manual, including any problems or errors encountered by You / voluntarily provided by You when using the DIGINIFY APIs, or any feedback leading to further developments / improvements / enhancements of the DIGINIFY APIs (collectively, “Suggestion(s)”), You unequivocally agree and acknowledge that Tata Communications will own all right, title and interest in and to all such Suggestions and implementations thereof. Any technical developments / enhancements / improvement / implementation resulting from such Suggestions, and all rights therein or related thereto including without limitation all patent, copyright, trade secret, trademark, and other intellectual property or proprietary rights shall belong to Us.
   
   
9. Upon Your request, We may, at our discretion and not as an obligation, provide You technical or non-technical support during your use of the DIGINIFY APIs, during Trial Period.
   
   
10. “Confidential Information” shall mean all information disclosed to You that We characterizes as confidential at the time of its disclosure either in writing or orally. You shall use the best efforts to always preserve and protect the confidentiality of the Confidential Information. You shall not disclose, disseminate, or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Us. You shall not use any Confidential Information other than during the Trial Period for the activities permitted hereunder. You shall notify Us in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of any of the Terms, and will cooperate with Us in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If You are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, You will (i) immediately notify Us prior to such disclosure to allow Us an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Us in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements. You acknowledge and agree to treat and keep confidential all information pertaining to the DIGINIFY APIs.
    
    
11. The DIGINIFY APIs and User Manual are provided to You on “AS IS” basis. We make no warranties or representations express or implied, either in fact or by operation of law, statutory or otherwise, including warranties of merchantability, satisfactory quality, accuracy, fitness for a particular purpose, title, or non-infringement. Without limiting the foregoing, We do not warrant that the use of the DIGINIFY APIs or the User Manual would be error free or that the DIGINIFY APIs will meet Your business requirements. We shall not be responsible for any failure or delay or for any loss or damage that You may suffer by use of the DIGINIFY APIs during the Trial Period.
    
    
12. During Trial Period You shall comply with all laws and regulations or notifications relating to Your use of the DIGINIFY APIs, including without limitation those relating to GDPR, privacy, secrecy, security etc.
    
    
13. THE TERMS SHALL REMAIN VALID AND IN EFFECT UNTIL THE END OF TRIAL PERIOD, UNLESS TERMINATED BY US BY GIVING REASONABLE WRITTEN NOTICE OF TERMINATION. YOUR USE OF DIGINIFY APIs WILL IMMEDIATELY TERMINATE UPON EXPIRY OF THE TRIAL PERIOD OR EARLY TERMINATION, AND YOU SHALL NOT USE THE DIGINIFY APIs UPON RECEIPT OF NOTICE OF TERMINATION.  
    
    
14. You agree to indemnify, defend, and hold Tata Communications, its officers, directors, employees, Affiliates, partners, suppliers, agents, consultants, subsidiaries and other third parties harmless from any and all liabilities, costs, expenses, including reasonable attorney fees, related to (i) any violation of these Terms, or in connection with Your use or access to the DIGNIFY API or the User Manual; (ii) any misrepresentation made by You; (iii) any infringement or violation of third party rights including intellectual property rights. At Tata Communications’ sole discretion, and at Your expense, Tata Communications may provide notice to You of its election to assist You in defending such claim, suit or proceeding, but doing so will not excuse You from Your indemnity obligations.
    
    
15. You are responsible for all losses, claims, damages, costs, suits, actions etc. arising due to Your use of DIGNIFY API and You shall comply with all applicable laws and regulations in connection with Your use of the DIGNIFY API during Trial Services, including but not limited to those related to data privacy, international communications, the transmission of technical or personal data and export control laws and regulations including but not limited to United States and any other export laws. You shall fully indemnify and hold harmless Us for breach of Terms.
    
    NOTWITHSTANDING ANY OTHER PROVISION HEREOF, WE SHALL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR (B) ANY DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, LOSS OF DATA, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES, ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS, AND REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE REASONABLE AND ARE A MATERIAL INDUCEMENT FOR US TO MAKE THE DIGINIFY APIs AVAILABLE TO YOU.
    
    
16. This Agreement shall be governed in accordance with the laws of India. You hereby submit to exclusive jurisdiction of Mumbai Court. If any provision of the Terms is found invalid, void, or enforceable, such provision shall be without effect and remainder of the Terms shall remain, enforceable to the fullest extent.

Website Terms

These Terms contain important information regarding (1) Tata Communications Web site practices, (2) your responsibility as a user of this Web site and related services, and (3) the procedures by which these practices and responsibilities will be determined.

By accessing, browsing, using, framing and/or linking to this Web site (“Site”), you acknowledge that you read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Users of this Site acknowledge that they are 18 years of age or older. If you do not agree to these Terms, do not use this Site.

These Terms include additional terms and conditions and policies which are referenced elsewhere in this document. In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, or any other policy, term of Tata Communications, which shall remain valid and enforceable.

Forward Looking Statement

This Site may contain “forward-looking statements.” Although Tata Communications believes any such statements are based on reasonable assumptions, there is no assurance that actual outcomes will not be materially different. Tata Communications assumes no obligation to update those statements to reflect actual results, changes in assumptions and other factors. The forward-looking statements are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Additional information that could lead to material changes in performance is contained in filings with the Securities and Exchange Commission made by Videsh Sanchar Nigam Limited (“VSNL”), and we encourage you to review such filings, specifically, the most recent VSNL Form 10-K and Form 10-Q. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements including, among others, substantial capital requirements; development of effective internal processes and systems; the ability to attract and retain high quality employees; changes in the overall economy; technology; the number and size of competitors in its markets; law and regulatory policy; and the mix of products and services offered in the company’s target markets.

Although every effort is made to ensure such projections and other forward-looking statements are accurate at the time they are made available, such information is provided for informational purposes and is provided “as is” without warranty of any kind. Tata Communications makes no representations and disclaims all express, implied, and statutory warranties of any kind to any user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Tata Communications assumes no obligation to update or ensure the accuracy of the projections and forward-looking statements posted on the Site. Tata Communications shall not be liable for any errors or delays in the delivery of such information provided through the Site or for any actions taken in reliance thereon.

Copyright, Disclaimer, Usage Agreement

Disclaimer

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF THE SITE BOTH NOW AND IN THE FUTURE. BY ACCESSING THIS SITE, THE USER ACKNOWLEDGES ACCEPTANCE OF THESE TERMS AND CONDITIONS. TATA COMMUNICATIONS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION WITHOUT NOTICE. IN THE CASE OF ANY VIOLATION OF THESE TERMS AND CONDITIONS, TATA COMMUNICATIONS RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY FOR SUCH VIOLATIONS.

Copyright and Trademarks

The trademarks, logos, and service marks, including but not limited to Tata Communications and TGN®, and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of Tata Communications Pte Ltd., its affiliates, suppliers or others. Certain portions of the Site are identified as being the subject of a specific copyright held by an entity other than Tata Communications and, as such, may not be copied without the permission of the holder of the copyright.

Tata Communications hereby authorizes you to copy the materials published by Tata Communications on this Site (the “Materials”) exclusively for non-commercial use by you personally or within your organization provided you retain all copyright and other proprietary notices contained in the Materials and you do not modify the Materials. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Materials. The services, technology, and/or processes described in this Site may be the subject of intellectual property rights reserved by Tata Communications or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Tata Communications or any third party.

Liability Disclaimer

THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED AS A COURTESY FOR TATA COMMUNICATIONS’ CUSTOMERS. Tata Communications HAS PROVIDED THE INFORMATION IN GOOD FAITH AND HAS MADE REASONABLE EFFORTS TO MAKE THE INFORMATION AS ACCURATE AND UP-TO-DATE AS POSSIBLE.

THIS INFORMATION IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS.

IN NO EVENT SHALL TATA COMMUNICATIONS BE LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS, LOST OPPORTUNITY, TIME OR ANY OTHER LOSS RESULTING FROM RELIANCE ON THE INFORMATION CONTAINED ON THIS SITE INCLUDING DAMAGES ARISING FROM INACCURACIES, OMISSIONS OR ERRORS OR ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, EVEN IF TATA COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE AND HOWEVER ARISING, INCLUDING NEGLIGENCE. IN NO EVENT WILL THE LIABILITY OF TATA COMMUNICATIONS BE IN EXCESS OF THE AMOUNT PAID FOR USE OF THE WEB SITE OR $500 IN U.S. DOLLARS, WHICHEVER IS LESS.

THE INFORMATION CONTAINED IN THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS SITE MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE.

IN THE UNITED STATES, SOME STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, INCLUDING IMPLIED WARRANTIES, SO THE DISCLAIMERS OR PORTIONS OF THEM MAY NOT APPLY TO YOU. YOUR LEGAL RIGHTS MAY VARY FROM STATE TO STATE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND TATA COMMUNICATIONS SERVICES.

No advice or information, whether oral or written, obtained by you from Tata Communications, shall create any warranty not expressly made herein.

Tata Communications periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Tata Communications shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third-party acts or any other outages of Web hosting providers or the Internet infrastructure and network external to the Site.

Linkage

The Web sites linked to this Site are not under the control of Tata Communications and Tata Communications is not responsible for and makes no representations or warranties concerning the contents of any linked site or any link contained in a linked site. Tata Communications provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Tata Communications of the linked site. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. Tata Communications reserves the right to terminate any link or linking program at any time. You acknowledge that this Site may link to other Web sites not controlled by Tata Communications and that Tata Communications is not responsible for the data collection policies of these sites. Consult the Terms of Use, Acceptable Use Policies, or other agreements of each Web site you visit. In the event that you have a dispute with any such third party, you release Tata Communications from any and all claims, demands, and damages pursuant to the relevant provisions contained here.

There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. Tata Communications does not make any representations or give any warranties with respect to any information contained in or at these other sites and Tata Communications shall not be liable for any damages or injury arising from the content of these other sites. Tata Communications does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing in advance by Tata Communications, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other Web sites pertaining to any of the Materials located at this Site. Contact the Tata Communications Webmaster at AUPCompliance@tatacommunications.com to seek approval for linking to this Site.

Viruses, etc.

Tata Communications assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, or images from this Site.

Updates

The Materials published on this Site may include technical inaccuracies or typographical errors. Changes – including, but not limited to, quoted prices – may be made periodically to the Materials. Tata Communications may also make improvements and/or changes in the services and/or the programs described in the Materials at any time without notice. Tata Communications shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically read these Terms to determine the current Terms to which you are bound.

Indemnification

You agree to indemnify, defend, and hold Tata Communications, its officers, directors, employees, affiliates, partners, suppliers, subsidiaries and other third parties harmless from any and all liabilities, costs, expenses, including reasonable attorneys fees, related to any violation of these Terms, Copyright, Disclaimer, and Usage Agreement by you, or in connection with your use of this Site or with the placement or transmission of any message or information on this Site by you. At Tata Communications’s sole discretion, and at your expense, Tata Communications may provide notice to you of its election to assist you in defending such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations.

Compliance With Applicable Laws; Export Control Laws

All applicable federal, state and local laws govern user access to this Site. All information on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside and/or are gaining access to this Site.

All Tata Communications products and publications are commercial in nature. All information available at this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities (“U.S. Government”), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

User Communications

Subject to the parameters and restrictions set forth in our Online Privacy Policy, Tata Communications is under no obligation to refrain from reproducing, publishing, or otherwise using communications you send to or receive from this Site or otherwise send to or receive from Tata Communications by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the developing, manufacturing, and/or marketing of products or services incorporating such information. You hereby give Tata Communications your consent to use your personal data consistent with Tata Communications’s Online Privacy Policy

Usage

By accessing this Site you agree not to: (a) use any data obtained as part of a commercial product, service or content offering; (b) use any data obtained for solicitations, commercial or otherwise; (c) sell or otherwise distribute any data obtained; (d) incorporate any data into any e-mail or other “white pages” products or services, whether browser based, based on proprietary client-side applications, Web based, or other; or (e) use the data in a manner which could be reasonably expected to offend any person for whom the data is relevant.

You further agree not to (a) use any automated means, including spiders, robots, crawlers or the like to download data from the Site; (b) enter any data that is libelous, defamatory or unlawful, or that violates or infringes any trademark, copyright or similar rights of others; or (c) knowingly enter any data which is false or misleading.

Tata Communications reserves the right to deny access to any user or group of users to the Site, at Tata Communications’s sole discretion, at any time, and for any reason or no reason, without liability and without advance notice to you.

Tata Communications may independently investigate, involve and/or cooperate with law enforcement authorities in prosecuting or investigating users. Tata Communications’s sole judgment applies to determinations of these limitations and prohibited uses.

Services Availability

Tata Communications may provide access to international information, which information may contain references or cross references to programs and services that are not currently available in your country of residence. Tata Communications provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in countries other than the United States. Also, Tata Communications is a service provider operating in some, but not all, markets within the U.S. Therefore, it may provide access to information that may contain references or cross references to programs and services that are not announced or available in all U.S. markets. Tata Communications provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in all United States markets or all markets where Tata Communications conducts business.

Consent to Electronic Form of Contract

BY YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by Tata Communications. You acknowledge that you have the necessary hardware and software to access these provisions as posted on Tata Communications’s Web sites and will maintain such hardware and software throughout your use of this Web Site and its services. You may remove your consent to the electronic form of contracting with Tata Communications, but in that event, your authorization to use and access this Web Site is immediately terminated.

Governing Law And Jurisdiction: Compliance With Laws

These Terms and access to this Site are governed by U.S. Federal Law and/or the laws of the State of New York. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a state or federal court located in New York, New York, U.S.A. You and Tata Communications agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Waiver

No delay or omission by Tata Communications to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Tata Communications of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

Survival

The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and Tata Communications.

Severability

Each of the terms and limitations provided by these Terms, including referenced terms and policies, are important to Tata Communications. In the event any provision contained herein, including referenced terms and policies, is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions herein will remain in full force and effect, to the maximum extent possible.

Terms and Conditions for Scheduled Consultation

By completing this form, you agree to the terms & conditions specified below (hereinafter “Terms“). You have confirmed your willingness to attend a schedule Consultation session in accordance with the Terms and Conditions herein at mutually agreed timelines.

This Website is provided by and those entities controlled by Tata Communications Limited (hereinafter referred to as “we”, “us” or “our”).

By accessing, or using this website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations.

By agreeing to these Terms, you agree to terms and conditions of Acceptable Use Policy and Privacy Policy as defined in these Terms.

1. Process
   1. You have opted to schedule a tele-conversation with our representative for a free Consultation session. Consultation is defined as the said scheduled time will be provided to you to discuss in detail with respect to the matters including but not limited to general discussion on cloud adoption; our product description and functionality; technology trends and any specific question / topics in relation to Tata Communications products and services. The said Consultation shall be executed via phone calls or any other medium agreed between the parties.
   2. The said consultation offer shall be socialized through digital campaigns as a “Call to action”. We will receive the base information for your queries through the lead form filled and submitted by you.
   3. The said Consultation shall be scheduled at the mutually agreed timings for a slot of thirty (30) minutes.
   4. The supporting content used to enable the said consultation will be publicly available data, marketing collaterals or available analyst information.
    
2. Pricing
   1. The Consultation and advices provided to you under these terms shall be without any charge.
    
3. Disclaimer and limitation of liability
   1. You hereby expressly agree that, we shall be entitled to use the information provided to us in the lead form or during the Consultation session for any demand generation or opportunity identification. With your consent, we may use the information for Sales purposes. You expressly agree that our Sales representative may contact you or your representatives for further conversations.
   2. This website and any Consultation provided to you contains general information only, and we are not, by means of this the Consultation, website or any part thereof, rendering professional advice or services. The information contained herein should not be construed as a substitute for professional advice.
   3. Any advice and content provided to you is provided as is, to the best of our knowledge and for information purposes only, and we make no express or implied representations or warranties regarding it. Without limiting the foregoing, we do not warrant that any information provided to you will be error-free or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
   4. Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from your usage. We will not be liable for any direct, indirect, special incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this website.
   5. We may, without notice to you, at any time, revise these Terms of Use and any other information contained in this website. We may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
    
4. Confidential information
   1. The intention of the Consultation is not to receive any confidential or proprietary information from you through our website or through the Consultation. Please note that any information or material sent to Tata Communications will be deemed NOT to be confidential. By sending any information or material to us, you grant Tata Communications an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Tata Communications is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site or during Consultation will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Tata Communications for the purpose of receiving products or services will be handled in accordance with our privacy policies. We may make such any information disclosed to us during Consultation available to its Affiliates, employees, third party service providers, and to regulatory authorities.
    
5. Personal Information:
   1. You agree that you shall at all times comply with our current Acceptable Use Policy (“AUP”) and current Privacy Policy (“Privacy Policy”). You hereby expressly acknowledge that you have reviewed, understood and accept our AUP and Privacy Policy, a copy of which is available on https://www.tatacommunications.com/policies/acceptable-use/and https://www.tatacommunications.com/policies/privacy/, which may be updated from time to time.
    
6. Anti-Bribery
   1. Each Party represents that it has complied and shall comply with all applicable anti-bribery laws and regulations, including, without limitation, the U.S. Foreign Corrupt Practices Act, the UK Bribery Act and similar laws of any other Governmental Authority, and has not taken and shall not take any action in furtherance of an unlawful offer, promise, or payment to or for the benefit of any person, including but not limited to (i) any government official or employee (including, without limitation, any official or employee of a government agency, regulatory authority or entity owned or controlled by the government), any candidate for public office or official of a political party, or any official or employee of a public international organization (any of the foregoing, a “Government Official”); (ii) any member of a Government Official’s family; or (iii) any political party. Members’ and Company’s use of the Program shall not violate anti-bribery laws and regulations. Members hereby agree to comply with the Tata Code of Conduct and Company’s Anti-Corruption Policy, a copy of which is available on https://www.tatacommunications.com/wp-content/uploads/2017/07/CORP-TataCodeofConduct-20170516.pdf and https://www.tatacommunications.com/wp-content/uploads/2017/07/Designed_AntiCorruption_Policy.pdf, which may be updated from time to time.
    
7. LIMITATION OF LIABILITY
   1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TATA COMMUNICATIONS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE OR THROUGH CONSULTATION, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TATA COMMUNICATIONS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
    
8. General
   1. Except as otherwise expressly set forth herein, these Terms supersede any prior agreements or terms of service on the same subject matter and will govern your participation in the Consultation. These Terms may be modified by the Tata Communications from time to time at any time and you are responsible for any updates posted on the web site or sent to you by Tata Communications.
   2. The failure of the both parties at any time to enforce any right or remedy available to it under these Terms with respect to any breach or failure by the other party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party. Any clause of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of that prohibition or unenforceability. That does not affect the validity or enforceability of that clause in any other jurisdiction nor invalidate the remaining clauses of these Terms.
   3. Both parties agree that each is acting independently of the other, that both parties are not joint ventures, and that neither is an agent of the other
   4. All notices to Tata Communications, made under or in connection with these Terms, shall be in writing and enclosed in a registered or certified postpaid envelope, if to Tata Communications, addressed to:
    

Tata Communications Ltd.

Attention:___

with a copy to__________________

Attenstion:___

To: (Legal Department)

Tata Communications International Pte Ltd. Attention: Legal Department

18 Tai Seng Street #04-01, Singapore 539775 Facsimile: +65 6634 8570

Email: legal@tatacommunications.com

[For communications in India the address is as follows:

Tata Communications Limited

Attention: Legal Department C-21/ C 36, ‘G’ Block,

Bandra Kurla Complex, Mumbai 400 098 Facsimile : 022 67251962]

All notices to you made under or in connection with these Terms shall be in writing and sent to the e-mail address given for participation in the Consultation.

Both parties may change any notice address, with such change being effective upon receipt of a written notice of same.