This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. By mere access or use of the website www.sukamfalcon.comwww.sukam-fiem.com or the mobile application (“Platform”), You shall be contracting with Sukam Power Systems Limited its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “SPSL”) and these terms and conditions including the policies constitute Your binding obligations, with SPSL.

When using the Platform, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms and Conditions of Use and any other document that has been incorporated by reference herein, these Terms and Conditions of Use shall control & supersede all others.

 

  1. GENERAL
  • This Terms and Conditions of Use are the property of SPSL having its registered office at WZ-12A, Bhagwandas Nagar Extension, East Punjabi Bagh, New Delhi – 110026, hereinafter referred to as SPSL and shall govern your usage of the Platform.
  • For the purposes of the Terms and Conditions of Use, “I”, “we” and “us” shall refer to SPSL, “Client”, “Customer”, “You” shall refer to the Client or prospective Client who is browsing through this Platform.

 

  1. ABOUT OUR SERVICES
    Through our Platform, we aim to provide relevant information about our businesses and help the Users. The Platform is a software suite of products which are made in order to leverage the synergies of data and business logic.
  1. TERMS
  • By accessing this Platform, You are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using or accessing the Platform. The materials contained in this Platform are protected by law governing copyright and trademarks.
  • Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform.
  • The content on the Platform is not meant for children and therefore it is not advisable for children to be visiting/accessing/becoming a member of the Platform. SPSL reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to SPSL’s notice or if it is discovered that you are under the age of 18 years.
  • You assume all responsibility for the use of SPSL You also waive all claims against SPSL, its officers, directors, employees, suppliers, and programmers that may arise from the use of the SPSL Platform.
  • SPSL or its licensors own all Intellectual Property Rights in and to the Content, Platform, and Services made available to You through the Platform. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Platform.
  • You acknowledge that you do not acquire any ownership rights by your permitted use of the Platform, or its Content. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Platform and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
  • You agree that your use of the Platform must comply with all applicable local, state, national, and international laws, and that you will not use the Platform for any illegal purpose.
  1. LICENSE TO USE
  • You are not allowed to
  1. Modify;
  2. Distribute;
  3. Transmit;
  4. sell the contents of the Platform;
  5. attempt to decompile or reverse engineer any software contained on the Platform,

without the prior written permission of SPSL.

  • Any material downloaded, accessed or otherwise obtained through the use of the Platform is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from SPSL or through or from the Services shall create any warranty not expressly stated in the Terms. SPSL further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
  • This license shall automatically stand terminated if you violate any of these restrictions and may be terminated by SPSL at any time.
  1. DISCLAIMER
  • The materials, including the information, available on the Platform are provided “as is” and is prepared solely for the purpose of providing information about SPSL, its subsidiaries and associated companies and the products and/or services which they offer.
  • Whilst SPSL has used reasonable care and skill in compiling the content of the Platform, it makes no warranty (express or implied) as to the accuracy or completeness of any information on the Platform.
  • SPSL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  • SPSL, its agents, affiliates and representatives make no guarantee that the information contained in reports provided to Clients, whether implied or stated, either orally communicated or in writing, are true and accurate and SPSL accepts no liability for any inaccuracies in its reporting, the misuse or any loss arising from its reports.
  1. LINKS
  • SPSL has not reviewed all of the websites/apps linked to its website and/or app and is not responsible for the contents of any such linked website/app. The inclusion of any link does not imply endorsement by SPSL, and any use of such linked website/app is at the customer’s own risk.
  1. PRIVACY POLICY

 

  1. MODIFICATION
  • SPSL may make changes to the materials contained on the Platform at any time without notice. However, there is no express commitment to mandatorily update the materials existing on the Platform. By your continued usage of the Platform, you shall be bound by the then current version of the Terms of Use and Privacy Policy.

 

  1. TERM AND TERMINATION
  • SPSL may at any time upon its sole discretion without any prior intimation restrict the use of the Platform or any part thereof by You and You understand and agree that You shall have no claim or remedy, whatsoever, against SPSL.
  • Any termination of the legally binding agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

 

  1. INTELLECTUAL PROPERTY
  • At all times, SPSL and/or its licensors, remain the owner of the intellectual property in the content available on the Platform. Neither content, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of SPSL.
  • Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the content or create derivative works based on the whole of or any part, or which incorporate, the content into any software program.
  • Use of the content not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of SPSL’s copyright or SPSL’s other intellectual property rights, and/or the copyright or other intellectual property rights of SPSL’s licensors.

 

  1. CONFIDENTIALITY
  • As a policy, we at SPSL never disclose any information relating to the user i.e. You unless required by law. After an investigation is concluded, and SPSL has informed You of the results, all papers, documents or electronic data including emails, computer files and media shall be immediately destroyed.

 

  1. SYSTEM REQUIREMENTS
  • You are required to have a device such as a cellular phone or a computer system, with the up-to-date software installed, internet access, and may require obtaining updates or upgrades from time to time from us. Your ability to use maybe affected by the performance of factors which affect your internet, or the device you are using.
  • You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of SPSL or the content. SPSL is not responsible or liable in any manner for any difficulties you may have accessing SPSL whether technical or otherwise including, without limitation, any effect lack of access or degraded access may have on your performance.

 

  1. INDEMNIFICATION
  • You agree, at your own expense, to indemnify, defend, and hold harmless SPSL, its employees, agents, and representatives against any claim, suit, action, or administrative proceeding brought against SPSL, its employees, agents, and/or representatives (“claim”) to the extent such claim, arises out of, or is related to your content, your access or use of the Platform, your violation of this terms of use, or of any rights of another, including, without limitation, access or use of the Platform by someone else, or violation by such other person of the terms of use, using your computer or user id. This indemnification agreement also applies (without limiting) to any claim, directly or indirectly related to Platform or software
  1. that your use or access or another person’s use or access of your computer or user id infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right of a third party under any local, international, federal, or state law;
  1. that your use or access is in any way defamatory, slanderous, libelous, or otherwise injurious to a third party.
  • You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney’s fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding. This defense and indemnification obligation shall survive these terms of use and your use of the Platform.

 

  1. COPYRIGHT INFRINGEMENT
  • SPSL takes copyright very seriously. If you discover any content on SPSL that you believe infringes your intellectual property, please provide us with a copyright notice with the following information:
  1. a statement that you have identified content on SPSL that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
  1. a description of the copyright work(s) that you claim have been infringed;
  1. a description of the content that you claim is infringing and the location where such content can be located;
  1. your full name, address and mobile number, a valid email address on which you can be contacted;
  1. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
  1. and a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  1. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
  1. your electronic or physical signature (which may be scanned copy).

 

  1. DISCLAIMER OF WARRANTY
  • SPSL and its affiliates make no warranty of any kind regarding the Platform, content, Products or Services, all of which are provided on an “as is” basis. SPSL and its affiliates expressly disclaim any representation or warranty that the Platform will be free from errors, viruses or other harmful components, that communications to or from the Platform will be secure and not intercepted, that the services and other capabilities offered from the Platform will be uninterrupted, or that its content will be accurate, complete or timely. The fact that Platform is including or offering any Service on the Platform is not an endorsement or a recommendation of the Service.
  • OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, COMPANY AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

 

  1. FORCE MAJEURE
  • Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control including, but not limited to, wars, strikes, floods, governmental restrictions, power failures, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.

 

  1. GOVERNING LAW
  • Any claim relating to the Platform or arising out of the services of SPSL shall be governed by laws of India and courts at New Delhi, shall have exclusive jurisdiction.

 

  1. CONTACT INFORMATION
    • If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Platform or the services offered by SPSL, you may contact our Customer Service department.