Terms of Service Use
These terms of service regulate the relationship between you and us. When you visit this website/avail any service, you agree to be bound by these terms.
No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.
We/tkter.com are: Excellect KPO Consultants Pvt. Ltd, owner of Tkter.com and Events 4 Sure, the law event management company
Back-end Operations at: Gurgaon, India – 122018
You are: a visitor to Our Website / Software Seller / Software Buyer / Affiliate
THE TERMS AND CONDITIONS
In this agreement:
“Affiliate” means any of you who use our affiliate scheme to promote our software and refer us Customers;
“Content” means any info/material in any form published on Our Website by us or any third party with our consent;
“Software” means the software and technology products displayed on this website for buyers to express their interest to buy
“Customer/Buyer” means any of you who expresses his/her interest to avail our services (such as software purchase request/webinars/event participation, etc) irrespective of consideration involvement; “Vendor/Seller” means any natural person, agent or corporate aiming to get leads for their software through our website or otherwise;
“Material” means Content of any sort posted by You/us on Our Website;
“Services” means any of the services we offer for sale/lead generation on our Website and includes generally available updates and support services so far as specified for each service.
- OUR CONTRACT WITH YOU AND FUTURE MODIFICATIONS
- These terms of service apply so far as the context allows, to you as a Visitor, Ticket Buyer, Event Organiser or an Affiliate to Our Website.
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you request for Services. It is your responsibility to check the Terms of Service periodically for updates.
- Tkter.com provides:
- Search/purchase/request/demand for law software and related law events;
- Information about new technology/services in the law industry;
- Promotional, lead generation, meetings, exhibition, branding, marketing, speaking, sale and advertising opportunities.
- All Tkter.com services are available on your deemed acceptance to Events 4 Sure (our event management company) T&C: http://www.events4sure.com/terms-and-conditions/
- TERMS GOVERNING REFUND/CANCELLATION/CHARGEBACKS
- The buyers and vendors are suggested and encouraged to read our Refund Policy (if it applies).
SPECIFIC TERMS FOR VENDORS
- OUR RELATIONSHIP
- Tkter.com offers you a web based software platform where you can setup your software by providing the details about the same so that they potential buyers express their interest to buy.
- Tkter.com merely acts as an intermediary platform connecting you with the buyers against a fee. You remain liable for your software, contents, presentation, the pricing for the same, execution, implementation, refunds in case of any changes in terms, chargebacks, cancellation, complaints and any other requirements of the buyers concerning your software.
- At no point shall Tkter.com be liable to you for any issues including but not limited to malfunctioning of Our Website, no leads or low/no sale of software etc.
- Tkter.com is merely providing you a web based platform on as is basis and at no point does it make any promise or warranty of any kind whatsoever. We may assist in lead generation and your brand visibility amongst lawyers community.
- PAYMENT PROCESS
- We usually don’t sell and therefore don’t charge payments. However, in case, any software gets sold through our website: The fee will be processed directly by Tkter.com through online payment gateway on Our Website. Tkter.com will collect the money on behalf of the vendor from each of the Buyers and will deduct our service fee from the collected amount and pass rest of the money to the vendor.
- REFUND PROCESS IF ANY
- It is the responsibility of the vendor to communicate its refund policy to buyers via the software page.
- CHARGEBACK IF ANY
- Any chargebacks initiated by the Buyer with respect to a software shall be charged back to the vendor of that software, if sold through Tkter.com
- All the issues, disputes and communication regarding the chargebacks are between the Buyer and the vendor of such software. Tkter.com is not responsible for it. The vendor agrees to fully indemnify Tkter.com and its associates, affiliates for any chargeback issue if arises.
- SOFTWARE CHANGE/CANCELLATION
- In case there is any change (regarding software, update, contents, execution, implementation or any other aspect) in regard with the software which is requested to buy, or if the software has been cancelled or there is any other issue with the software, it is the responsibility of the vendor to intimate about these changes on the software page or directly to the buyer if any. The vendor is liable for any issues arising out of such change or cancellation.
- Tkter.com has the right to deactivate the Software Page in case it, in its sole discretion, believes that the vendor is misusing the Tkter.com platform. Examples of such misuse, for illustration, are the likelihood of misusing the buyers’ info, the software not being delivered, the software being illegal or immoral, the software being against public policy and so on.
- WARRANTIES BY VENDOR
- The vendor warrants to Tkter.com that:
- there is no agreement between the vendor and a separate software developer, or a third party, which affects the vendor’s use of the Services in accordance with these terms,
- the vendor is allowed to enter into this agreement with Tkter.com, including the right to authorize Tkter.com in accordance to these terms to act as its agent and to promote/generate leads/sell software for the vendors listed on its website.
- DUTIES OF THE VENDOR
- The software vendor has the duty to immediately inform Tkter.com about:
- unavailability or malfunctions of Our Website;
- every change of software name, features, company name, address, legal form email, etc. in written form or via E-Mail.
- RESTRICTIONS ON THE VENDOR FOR USING TKTECOM SERVICES
- The vendor shall not use Our Website or Services for illegal or immoral events such as political or religious extremism, pornographic, or violent purpose.
- The vendor shall not use Our Website or Services to upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- The vendor shall not use the Services to harm minors in any way;
- The vendor shall not impersonate any person or entity, including, but not limited to, a Tkter.com representative, forum leader, or falsely state or otherwise misrepresent its affiliation with a person or entity;
- The vendor shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
- You may not use Our Website or Services for activities:
- that violate any law of the land, statute, ordinance or data privacy regulation
- that relate to transactions involving:
- narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, drug substance;
- items such as stolen goods including digital and virtual goods;
- encouraging, promoting, facilitating or instructing others to engage in illegal activity;
- items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, obscene items;
- items or digital goods that infringe or violate copyright, trademark, or privacy or right of publicity or proprietary right under the laws of the land.
- that contain certain sexually oriented materials or services, contrabands, ammunition, firearms, or certain firearm parts or accessories, weapons, knives regulated under the law of the land.
- that relate to showing personal information of third parties in violation of the law;
- that involve the sales of products or services which are fraudulent.
- that violate regulations laid down by industry or the state regarding the sale of tobacco product, drugs and devices.
- that involve gambling or any other venture that facilitates gambling, gaming and activities that requires to pay entry fee and prize such as casino games, sport betting, horse/greyhound racing, games of skill and sweepstakes.
- CANCELLATION / TERMINATION OF THE AGREEMENT
- Tkter.com has the exclusive right to cancel this agreement regarding the provision of Services for any reason, including but not limited to contravention by the vendor of provisions of these terms, filing for bankruptcy, commencement of insolvency proceedings or occurrence of any circumstances such that the vendor cannot fulfill his contractual obligations against Tkter.com or third parties in default of assets.
- If you desire to terminate your account with us, please email us at least 30 days before such termination. Your account shall be reconciled for the purposes of clearance of any dues on either side. Once your account is terminated, any content linked with your account can not be recovered. There will be no refund for any money charged before the termination.
- SPECIFIC TERMS FOR BUYERS
- Tkter.com offers you a web based software platform (website) where you can search for, express interest to buy/demo for software listed on Our Website.
- Tkter.com In case of cancellation or chargeback, your refund shall be governed by the individual policy for that particular software as declared by the vendor. The only person/entity liable to issue you a refund is the vendor. We just connect you both.
- At no point shall Tkter.com liable to you for any issues including but not limited to malfunctioning of Our Website, cancellation of an Event, refund, chargeback etc.
- Tkter.com is merely providing you a web based platform on as is basis and at no point does it make any promise or warranty of any kind whatsoever.
- SPECIFIC TERMS FOR AFFILIATES
- You need to contact us directly for the affiliate schemes customised for your specific needs. Tkter.com however reserves the right to reject any affiliate if it finds such affiliate unsuitable or unfit given the nature and goodwill of Our Website.
- Once you enroll as an Affiliate, we will provide you promotional material in the form of links or advertisements or write-ups, as applicable. You will be solely responsible for utilising the promotional material. Tkter.com accepts no responsibility or liability for the incorrect usage or ineffective e results or any other non-technical issues. In case of non-working links, our responsibility is to provide you a replacement with the working links within 24 hours of your informing about the same to us.
- Tkter.com cannot guarantee and disclaims any results of any promotional material or program. Tkter.com does not make any promise or warranty of any kind whatsoever.
- Tkter.com offers you affiliate commission for referring Customers to Tkter.com. Subject to the terms of service herein, you will be paid commission for each Customer referred from you or your website through the Tkter.com link on your site or direct reference of Customer to Tkter.com.
- If it is later found that the Customer’s purchase was refunded, we retain the right to withhold any payments to you resulting from that purchase. The affiliate scheme relies on cookies to track customers. If for whatever reason, the customer isn’t using cookies, or the cookie expires or the customer deletes the cookie, they cannot be tracked and you will not earn commission for any sales that customer may make. If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable by you to Tkter.com.
- Commission may not be paid to an Affiliate if the details we hold for that Affiliate are not accurate. It is the Affiliate’s responsibility to make sure that Tkter.com is notified of any change in their details such as email or address. We also reserve the right to cancel commission payments if we believe that there has been any fraudulent attempt to use the service.
- Your affiliate referral fee is payable to you within 15 business days from the end of the purchase day provided that the commission owed is more than USD 100.
- We grant you a non-exclusive, non-transferable, non-sub licensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying yourself as an Affiliate. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and / or reputation of Tkter.com, failing which we may revoke your license at any time at our sole discretion.
- You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
- You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. You acknowledge and agree that your Web site information (name, URL, traffic counts, etc.) may be utilized by Tkter.com for analysis and research purposes. The information provided by Tkter.com to you may be proprietary in nature. You acknowledge that you are not a competitor of Tkter.com, and agree not to share this information with any of our competitors. Any violation of these terms of service may cause us to terminate this agreement.
- GENERAL TERMS
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
- If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
- You may not share or allow others to use the Services in your name.
- We will do our best to maintain Our Website so that you have constant use, but there will be times when such use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will notify through website in advance.
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Services for your purpose;
- the truth of any Content on Our Website published by someone;
- any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
- compatibility of Our Website with your equipment, software or telecommunications connection.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
BECAUSE SOME US STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ANY AND ALL DISPUTES ARISING BETWEEN USERS OF THE WEBSITE OR SERVICES. BY USING THE WEBSITE AND SERVICES, YOU RELEASE COMPANY, DIRECTORS, EMPLOYEES, EXECUTIVES, ITS PARENT COMPANY AND AFFILIATES FROM ALL LIABILITY FOR CLAIMS ARISING FROM SUCH DISPUTES.
- YOUR MATERIAL
- If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
- You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
- You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
- You represent and warrant that:
- you own the rights to all of the Material that you post;
- any fact stated in your Material is accurate.
- SYSTEM SECURITY
- You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
- You may not use any software tool for the purpose of extracting data from our website.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution and you alone will be fully responsible for this act, not Tkter.com.
- ACCEPTABLE USE POLICY
- As a condition of your use of Our Website, you agree to comply with these provisions:
- You will not use or allow anyone else to use the Web Site to post or otherwise publish:
- copyright works;
- commercial audio, video or music files;
- any Material which violates the law of any established jurisdiction;
- unlicensed software;
- software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
- links to any of the material specified in this paragraph;
- pornographic Material;
- any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
- You will not use the Services for spamming. Spamming includes, but is not limited to:
- The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
- The sending of junk mail;
- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- Excessive and repeated posting off-topic messages to newsgroups;
- Excessive and repeated cross-posting;
- Email harassment of another Internet user, including but not limited to, transmitting any threatening, libelous or obscene Material, or Material of any nature which could be deemed to be offensive;
- The emailing of age inappropriate communications or content to anyone under the age of 18.
- CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
- You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
- We will defend the intellectual property rights in connection with our Services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
- YOUR EMAIL ADDRESS
- You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
- You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
- You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
- You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
- MISCELLANEOUS PROVISIONS
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- LIMITATION OF LIABILITY
- No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- We are not liable for any breach of our obligations including privacy of your data resulting from causes beyond our reasonable control including strikes/mistakes/theft of our own employees.
- This Agreement shall be governed by and construed in accordance with the laws of India. The courts at New Delhi shall have the exclusive jurisdiction on any dispute or issue arising out of the interpretation of this Agreement.
By agreeing to tkter.com T&C you also agree to Events 4 Sure T&C: http://www.events4sure.com/terms-and-conditions/