KYCsphere Online Software-as-a-Service (SaaS) Terms of Use


Last Updated: May, 2012

  1. ACCEPTANCE: Your use of the KYCsphere Online SaaS ("KYCsphere") is governed by these Terms of Use. Divas Software reserves the right to update these Terms of Use at any time without notice to you. You may only access or use the KYCsphere if you agree to these terms. If you do not agree, please do not access or use KYCsphere.
  2. KYCsphere ONLINE TOOLKIT SERVICES OFFERED: Divas Software offers a variety of KYCsphere online toolkit services for free, trial, subscription or purchase, collectively termed as "Services". These Terms of Use do not completely govern the free, trial, subscription, sale, purchase or other use of the Services. The Services, including any updates, enhancements or new features, are governed by the agreement(s) under which you subscribe, purchase or use them.
  3. ACCEPTABLE USE: As a condition of your use of the KYCsphere, you may not
    1. Use the KYCsphere in violation of applicable law;
    2. Use the KYCsphere in a way that could harm the KYCsphere or impair anyone else's use of the KYCsphere;
    3. Misrepresent your identity;
    4. Use the KYCsphere to transmit, distribute or deliver any unsolicited bulk or unsolicited commercial email i.e. spam; or
    5. Remove, modify or tamper with any notice or link that is incorporated into the KYCsphere.

    If Divas Software believes that unauthorized or improper use is being made of the KYCsphere, it may, without notice and in its sole discretion, take such action as it deems appropriate, including blocking messages from a particular Internet Domain, Mail Server or IP Address. Violation can lead to termination of your account.

    Divas Software is not responsible for the content of any user-created posting, listing or message on the KYCsphere. The decision to view any such content is yours.

    You are responsible for protecting your computer against interference, spyware or viruses that may be encountered while you are online while using or not using the KYCsphere. We recommend you install a virus protection program on your computer and keep it up to date.

    Information you provide or upload to the KYCsphere may be stored outside the country in which you reside.
  4. ACCOUNT, PASSWORD AND SECURITY: If any part of the KYCsphere requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password against the user name assigned to you. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you would not share your password and account with anyone else. You are entirely responsible for any and all activities that occur under your account. You agree to notify Divas Software immediately of any unauthorized use of your account or any other breach of security. Divas Software will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Divas Software or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
  5. PRIVACY: Please read the Privacy Policy for information about Divas Software's collection and use of your personal information. The Services may be additionally governed by their own Privacy Policies, as referenced in the applicable agreements and sign-up processes specific to each Service.
  6. NOTICE REGARDING KYCsphere, ASSOCIATED SOFTWARE AND DOCUMENTS: IN NO EVENT WILL DIVAS SOFTWARE AND/OR ITS RESPECTIVE PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE KYCsphere INCLUDING WITHOUT LIMITATION ANY SOFTWARE OR DOCUMENTS AVAILABLE VIA THE KYCsphere.
  7. SOFTWARE AVAILABLE FROM THE KYCsphere: Any software application, user screens, methods, stored procedures, functions, analytical models, analysis reports, database tables and designs that are made available to download from the KYCsphere ("Software") is the copyrighted work of Divas Software. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil or criminal penalties.

    THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DIVAS SOFTWARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    FOR YOUR CONVENIENCE, DIVAS SOFTWARE MAY MAKE AVAILABLE THROUGH THE KYCsphere TOOLS OR UTILITIES FOR USE AND/OR DOWNLOAD. DIVAS SOFTWARE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS OR UTILITIES.
  8. DOCUMENTS AVAILABLE FROM THE KYCsphere: Permission to use documents, such as help topics, white papers, datasheets, benefits presented, security offered and FAQs (collectively, "Documents"), that are made available on the KYCsphere is granted, provided that (1) the copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of the Documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil or criminal penalties.

    Documents specified above do not include the design or layout of the KYCsphere. Elements of KYCsphere are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the KYCsphere may be copied or retransmitted unless expressly permitted by Divas Software.

    DIVAS SOFTWARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE DOCUMENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DIVAS SOFTWARE AND/OR ITS PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  9. INTELLECTUAL PROPERTY RIGHTS: Divas Software or its partners retain all right, title and interest in and to the KYCsphere, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Divas Software reserves all rights not expressly granted. These Terms of Use do not grant or imply any rights to any of Divas Software or its partner's trademarks, trade names or logos.

Contact Information

DIVAS SOFTWARE
4th Floor, D-2303, Vasant Kunj
New Delhi – 110070.
INDIA

T: +91.11.46064200
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