Terms of ServiceThe www.aveoondemand.com website is fan On-Demand (aka SaasF - Software as a Service) application delivery service of a set of business applications in a hosted model through the Internet, operated by Aveo Infotech Private Limited, India (“Aveo Infotech"). Any use of the Website is subject to the following Terms and Conditions of Service (“Terms and Conditions”), as well as to our Program Policy and Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acfceptance of these terms and conditions. - Acceptance of Terms.
The following terms of use govern all use of the http://www.aveoondemand.com/ website (the Site) and the services and products available at or through the Site, including, but not limited to, the www.aveoondemand.com (“Aveo OnDemand”) - hosted solutions (taken together, the Service), by all users. The Service is owned and operated by Aveo Infotech Private Limited, India (Aveo Infotech). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Aveo Infotech (collectively, the Terms of Service).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS THE SITE, SERVICE, OR ANY PART THEREOF. AVEO INFOTECH'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY AVEO INFOTECH, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
In addition, some services offered through the Site may be subject to additional terms and conditions; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
The Service is available only to individuals who are at least 13 years old or possess legal parental or guardian consent. If you do not so qualify, do not attempt to use the Service. Aveo Infotech may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
- Modification of Terms of Service.
Aveo Infotech reserves the right, at its sole discretion, to modify or replace any of these Terms of Service at any time. Aveo Infotech may (but, shall not be required to) notify you of changes through email (as Aveo Infotech has no obligation to notify you of such changes through the email, it is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
- Description of the Service.
Aveo Infotech provides businesses and users with hosted services for business applications, such as, but not limited to, ERP, CRM, HRM. Aveo Infotech also provides support for these hosted solutions, add-on services to simplify usage and customizations for specific needs. Some of these services will be free of charge, others may cost money or have other requirementsYou also understand and agree that the Service may include certain communications from Aveo Infotech or its Services, such as service announcements, administrative messages and publications (including but not limited to Notification mails, Newsletter and other digital publications), and that these communications are considered part of Service membership. Aveo Infotech may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Aveo Infotech may also impose limitation or restriction on certain services (in part or full) with or without any notice or liability. You are responsible for obtaining access to the Service, and that access may involve other fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- New Features.
Aveo Infotech may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms of Service as changed or modified.
- Responsibility of Users.
If you post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio clip, a video clip or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; - you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
Without limiting any of those representations or warranties, Aveo Infotech has the right (though not the obligation) to, in Aveo Infotech’ sole discretion (i) refuse or remove any content that, in Aveo Infotech’ reasonable opinion, violates any Aveo Infotech policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Aveo Infotech’ sole discretion. Aveo Infotech will have no obligation to provide a refund of any amounts previously paid. Please report any violation of these Terms of Service by contacting Aveo Infotech at
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- Rules and Conduct.
The Site and the Service (including without limitation, any Content (as defined below), documents or other information made available on or through the Service) is provided only for the use of the registered business or users only. Neither the Service nor the Site may be used in connection with any other commercial purpose(s) except as specifically approved in writing by Aveo Infotech. Any unauthorized use of the Service is expressly prohibited. For purposes of these Terms of Service, “Content” includes, without limitation, any information or data (including, information or data generated or otherwise provided by Aveo Infotech or its partners through the Service or related services, or otherwise available through the Site), text, software, scripts, graphics, photos, publications and interactive features.
You promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Service. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or which otherwise violates the Terms of Service;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- imposes an unreasonable or disproportionately (in the sole judgment of Aveo Infotech) large load on Aveo Infotech's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Aveo Infotech or any third party; or
- impersonates any person or entity, including any employee or representative of Aveo Infotech.
You will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Aveo Infotech's express written permission. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (ii) bypass any measures Aveo Infotech may use to prevent or restrict access to the Service.
You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.
You may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services or while in the Site is limited to the express purposes set forth in these Terms of Service; all other uses, including, without limitation, sending unsolicited bulk e-mail or messages, are strictly prohibited.
Aveo Infotech may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
Aveo Infotech may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly and terms or conditions of these Terms of Service, including with any provision of this section.
Please report any violation of these Terms of Service by contacting Aveo Infotech at
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- Registration.
As a condition to using Services, you may be required to register with Aveo Infotech by providing information to be specified during the registration process. You shall provide Aveo Infotech with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Aveo Infotech account. In addition, you agree to maintain and update your registration information to ensure that it is accurate and complete at all times.
- Termination.
Aveo Infotech may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Service or your Aveo Infotech account (if you have one), you may simply discontinue using the Service. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the other World Wide Web sites or resources to which www.aveoondemand.com links (the External), and that link to www.aveoondemand.com. Aveo Infotech does not have any control over those External websites or resources, and is not responsible or liable for any Content, advertising, products or other materials on or available from such websites or resources or their use. By linking to an External website or webpage, Aveo Infotech does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Aveo Infotech disclaims any responsibility for any harm resulting from your use of External websites and webpages.
- Program Policy.
Aveo Infotech's current Service Program Statement is available at http://www.aveoondemand.com/index.php/program-policy.html (the Program Policy), which is incorporated by this reference. For inquiries in regard to Aveo Infotech's Program Policy, please contact
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. - Privacy.
Aveo Infotech's current Site Privacy Statement is available at http://www.aveoondemand.com/index.php/privacy-policy.html (the Privacy Policy), which is incorporated by this reference. For inquiries in regard to Aveo Infotech's Privacy Policy, or to report a privacy related problem, please contact
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.
- No Warranties.
THE SERVICE, SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE.” THE SERVICE, SITE AND CONTENT, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Aveo Infotech, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT, INCLUDING, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NEITHER Aveo Infotech NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE.
- Limitation of Liability.
IN NO EVENT SHALL AVEO INFOTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SITE AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (II) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE AND SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT AVEO INFOTECH SHALL NOT BE LIABLE FOR ANY USER CONTENT OR CONDUCT.
- Indemnification.
You agree to defend, indemnify, and hold harmless Aveo Infotech, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Service by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Aveo Infotech reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Aveo Infotech in asserting any available defenses.
- International Use.
Aveo Infotech makes no representation that the Content is appropriate or available for use in all locations, and accessing the Service is prohibited from territories where such Content or Service is illegal. If you access the Service from such locations, you do so at your own initiative and are responsible for compliance with local laws.
- Dispute Resolution.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Aveo Infotech agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Service shall be governed by and construed in accordance with the laws of India. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of this Site or Services shall be filed only in the state or federal courts located in Tamilnadu, India and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this section.
- Integration and Severability
These Terms of Service are the entire agreement between you and Aveo Infotech with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Aveo Infotech with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
- Miscellaneous.
These Terms of Service and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Aveo Infotech' prior written consent. Aveo Infotech may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
- Copyright and Trademark Notices.
Unless otherwise indicated, these Terms of Service and all Content provided by Aveo Infotech are copyright © 2008 Aveo Infotech Solutions Private Limited, India. All rights reserved.
Aveo Infotech and Aveo On-Demand are either trademarks or registered trademarks of Aveo Infotech Solutions Private Limited, India. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.
- Digital Millennium Copyright Act Notice.
Aveo Infotech has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Aveo Infotech's Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Aveo Infotech's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements: If you believe that Content residing on or accessible through the Aveo Infotech web site or publication or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Aveo Infotech is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B.Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Aveo Infotech's policy: - to remove or disable access to the infringing Content;
- to notify the Content provider, member or user that it has removed or disabled access to the Content; and
- that repeat offenders will have the infringing Content removed from the system and that Aveo Infotech will terminate such content provider's, member's or user's access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent: If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Aveo Infotech is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Aveo Infotech's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Aveo Infotech' discretion.
Please contact Aveo Infotech's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: DMCA Infringement Notification Dept. Aveo Infotech Solutions Private Limited, India Email:
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- Creative Commons.
This work is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.
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