Terms and Conditions
iTechPoll may use the Terms and Conditions given below.
The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to iTechPoll and the terms "Visitor” ”User” refer to the users. This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
These Terms of Service represent the complete agreement between you and iTechPoll replace all previous agreements below this title. Any other terms hereafter are rejected. These Terms of Service, change over all prior or historical discussions between you and iTechPoll relating to the subject does matter here. No modification or alteration of any provision of those Terms of Service are going to be effective just in case of any writing and signed documents by iTechPoll authorized person. These Terms of Service, and your relationship with iTechPoll under these Terms of Service, shall be governed by the laws of India and the State of Gujarat. You and iTechPoll agree to have the exclusive jurisdiction of the courts located in Surat of Gujarat, to resolve any legal matter arising from the Terms of Service. All notices must be in writing and only effective three days later of date sent.
USE OF SERVICE
(a) In order to use our Service, you're needed to signup for an 'Account' that's accessed by a username/email and password. In signing up for your Account, you agree (i) that the data you provide to iTechPoll to attach together with your Account will be complete and correct and up so far, (ii) to not transfer, sell, assign the access to use your Account to any third party without the previous written consent of iTechPoll, (iii) to not allow any third party to use your Account, (iv) to not select a user name that violates any law or the belongings rights of others; on condition that iTechPoll reserves the right to reject the user name for any reason or no reason, (v) that you are responsible for keeping your user account and password secure and (v) that you are responsible for the conduct of any unauthorized party that uses your Account, whether or not approved by you and for any breach of the security of the Account associated.
(b) User Rights: On registration and subject to the payment of any paid plans, iTechPoll grants you the restricted, revocable, non-transferable, non-exclusive right to access and use our Service, under the condition that service is only for your internal functions, except it might clearly agreed to in writing by iTechPoll.
(c) Ownership: All logos, brands, marks headings, labels, names, signatures, shapes, audio, HTML which use to generate the pages or any combinations thereof, appearing in this site, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. In particular, the iTechPoll logos and service names are trademarks of iTechPoll. Without iTechPoll's prior permission, you don't have rights to display or use the iTechPoll Marks in any manner. iTechPoll may be registered in the India and internationally for Patents, Designs & Trade Marks.
(d) Prohibited Control: iTechpoll restrict to use Site or Service, for: (1) posting any information which is incomplete, false, inaccurate or not your own, (2) posting any trade secrets or material that is copyrighted or owned by a third party unless you have written permits to post it or (3) posting any material that violate any other intellectual property, privacy or publicity right of another; (4) creating a false identity or profile of other person; (5) engaging in or encouraging habits that would represent a criminal offense, give rise to civil legal responsibility or otherwise violate any city, state, national or global regulation, or which fails to follow any accepted Internet protocol; or (6) transmitting or transferring (by any means) information derived from the Site to foreign countries in violation of Indian laws.
In addition, you're prohibited from violating or making an attempt to violate the protection of the Site or Service together with, while not limitation, the following: (7) gaining unauthorized access to an account or system; (8) making an attempt to explore, scan or take a look at the vulnerability of a system or network or to violate security or authentication measures; (9) making an attempt to interfere the Site, Service, host or network, including, while not limitation, via submitting a virus to the Site, overloading server, sending the massive amounts of emails, causing uninvited e-mail; (10) sending any a part of the header info in any e-mail. you'll not deploy any grabber, spider or alternative application designed to retrieve, index or data from the Site or Service. You agree in any respect times to use the Site and therefore the Service in compliance with these Terms and Conditions.
(e) User Content Submission: In subscription with iTechPoll, you agree not to submit any content which (i) violates any right of publicity, (ii) seize the privacy of others, (iii) is prohibited, (iv) constitutes obscene, pornographic, profane or otherwise offensive material, (v) is discriminatory, hateful or one-sided toward, or defame or abusive of, any group or individual, (vi) violates any government law or government regulation. Also you have authorization and represent that you have the required rights to content that you upload or post to the Site or Service.
(f) Use of Subscriber info: Subscriber agrees that iTechPoll could use Subscriber’s name and brand logo in a customers list of iTechpoll's website.
(g) Internet Safety for Persons below 13 Years: iTechPoll doesn't wittingly maintain or collect personal information on the Site or Service from persons below 13 years to protect the privacy of young children, except in compliance with the Children's on-line Privacy Protection Act of 1998 ("COPPA"). consequently, teachers and schools seeking to use the Site or Service in the classroom with children below 13 years, needed to get the permit of such children's parents in compliance with COPPA, before allowing such children to access or use the Site or Service. in addition, children below the age of 13 could solely use the Site with the permission and supervision of their parents.
(g) Termination: iTechPoll, has the right to suspend or terminate your Account and your access to the Service, for any reason at any time, will result in the deletion of the content in it. iTechPoll reserves the right to refuse service to anyone for any reason at any time in its sole discretion.
(h) Service Reselling : You may "resell" the Service, by offering a service to third parties that incorporates the Service, provided that (i) you agree to be responsible for the acts and omissions of your customers' use of the Service, to the extent it is part of your service and (ii) you must purchase separate Accounts for each client, project, or other use; or must subscribe to a Custom Plan to do multi-tenancy. If you have not subscribed to a Custom Plan or any attempt to use a single Account or login for multiple, separate third party entities may result in additional charges to your Account and/or termination of your Account, at the discretion of iTechPoll.
(i) Prohibited Use: Subscriber agrees that neither Subscriber and nor any Authorized User of Subscriber shall use the Services to collect from Poll Participants any of the following information: (i)security question-answers, password; (ii) credit, debit or other payment card number; (iii) medical or health insurance information. (iv) driver’s license number, passport number; social security number; financial account number; If Subscriber or any Authorized User collects such information, he/she does so at its own risk, and in no event shall iTechPoll be responsible for any loss, damages, claims whether arising in misconduct, contract or the other legal theory, including without limitation, any such information in custody or control of iTechPoll.
(j) Indemnification : You unilaterally agree to defend, indemnify and hold harmless, without objection, the Company, its owners, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages(including attorneys' fees) whatsoever arising from or resulting from their use of Service or their breach of the terms.
SERVICE FEES PAYMENT & TAXES
In order to use our Service, you agree to pay the service fees in U.S. dollars or Indian INR as mentioned on the Site. Service Fees are billed in advance on a monthly/yearly basis and are non-refundable. All Service Fees are exclusive of all taxes, or any charges, or obligations imposed by tax authorities, and you shall be responsible for payment of all such taxes, charges, or duties, excluding taxes on the income of iTechPoll. Service Fees are subject to change upon 30 days notice from us at any time by posting the changes to the Site, or by e-mail. For paid subscription plan, you have to pay bill immediately for the first month/year of access to the Service based on billing cycle.
REFUND AND CANCELLATION POLICY
(a) No Refunds: There will be no refunds or credits of Service Fees (i) for partial months of Service access, (ii) for any upgrade or downgrade of the Service, or (iii) for any period of time during which you don't use the Service, but have not cancelled your Account.
(b) Cancellation: For Cancellations please contact the us via contact us link. Requests received later than 5 business days prior to the end of the current service period will be treated as cancellation of services for the next service period.
iTechPoll reserves the right, at any moment, with or without notification to you, to change the Service. If you don't concur with any progressions to the Service, the only option will be to stop utilizing the Service.
SERVICE QUALITY GUARANTEE
By using the Service, you understand and accept that in our sole discretion, iTechPoll may apply throttling limits. iTechPoll reserves the right to temporarily or permanently restrict your use of the Service if, in our viewpoint such measures are necessary to ensure the quality of the Service for all our customers (e.g. due to excessive uses). Furthermore, without specifying your requirements under the Agreement, you agree to (i) you will not use the Service to access any resources not assigned to you by iTechPoll. (ii) you will not conduct any kind of network exploration, performance testing without written permission from iTechPoll.
TERMINATION OR SUSPENSION OF SERVICE
iTechPoll reserves the right to refuse service to anyone for any reason at any time. iTechPoll may suspend or terminate your right to use the Service upon notice to you. iTechPoll shall not be liable to you or to any third party for any termination, suspension, or modification of the Service. Such termination of the Service will lead to your account being deleted or deactivated.
UPGRADES AND DOWNGRADES OF SERVICES
If you want to upgrade your subscription, you will be charged a prorated amount immediately upon upgrading and your next billing cycle amount set to downgraded plan prices. Also it will not change your billing cycle date. For any upgrade plans, you will be charged the difference between the price of the upgraded plan and the old plan on prorated bases, allocated by the number of days remaining in the billing cycle. Upon downgrading, immediately your service will be downgraded and your next billing cycle amount set to downgraded plan prices. Downgrading your Service may cause the loss of content, features, or capacity of your Account and iTechPoll won't be responsible for such loss. You are responsible for properly upgrading/downgrading your Account in order to change recurring charges to your credit card..
LINKS FROM AND TO THE SITE
iTechPoll reserves the right, at its discretion at any time, to link to the Site, or repeal any permission granted, to cancel any request, and to require termination of any such link to the Site. You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, controlled, examined or reviewed by iTechPoll in any way and iTechPoll is not responsible for the content, products, advertising, information, availability, or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply iTechPoll's endorsement of, or association with, the Linked Sites. In no event shall iTechPoll be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
(a) Warranty Disclaimer: The site, service and content are provided strictly on an "As is" and "As available" basis, and itechpoll makes no warranty that the site, content or service are complete, suitable for your purpose, or accurate. On behalf of itself and its licensors, itechpoll hereby expressly disclaims any and all implied, statutory or other warranties with respect to the site, service and content, or the availability of the site, service or content, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. The entire risk as to results obtained through use of the site and service rests with you and itechpoll makes no representation or warranty that the service availability will be uninterrupted, or the site, service and/or the content will be error free.
(b) Limitation of Liability: To the fullest extent permitted by applicable law, you agree that itechpoll shall not be liable to you for any damages arising out of or connected to your use of, or inability to use, the site or the service, including, without limitation, any and all direct, indirect, consequential, incidental, punitive, special, exemplary or statutory damages (including, without limitation, loss of business, loss of revenue, loss of data, loss or profits., loss of goodwill or cost of procurement of substitute goods or services or for any cost of cover), even if itechpoll has been advised of the possibility of such damages, and regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.