TERMS OF USE

    The following terms (“Terms of Use”) govern the access, viewing, and/or use by you (“user” or “you” or “your”) of https://www.cyientdlm.com/ (“Website”), which is owned and operated by Cyient DLM Limited, an Indian public company having its registered office at Plot No. 5G, Survey No. 99/1, GMR Aerospace & Industrial Park, GMR Hyderabad Aviation SEZ, Rajiv Gandhi International Airport, Shamshabad, Mamidipalli Village, Rangareddy, Telangana, 500108, India (“Company” or “we” or “our”).

    You acknowledge that these Terms of Use will be read in line with the privacy policy available at the Website (“Privacy Policy”) and any other agreement that you have entered into with the Company in relation to the viewing, use, and/or access of the Website. By accepting the terms herein, or by accessing, viewing, or using the Website, you agree to be bound by these Terms of Use and these Terms of Use constitute your binding legal obligations towards the Company.

    The Terms of Use may be modified (including suspension, cancellation, or discontinuance of the Website) at any time by the Company by posting the changes on the Website, and you agree that it shall be your responsibility to ascertain the changes to the Terms of Use by visiting the Website. Any modified terms shall be applicable to your viewing, use, and access of the Website without need for any further consent.

    If you do not agree to these Terms of Use, you should not access, view, or use the Website.

    1. WEBSITE ACCESS

    1.1. General:

    A. You agree and understand that the Website and the contents therein are intended for people who are of the age of 18 (eighteen) years or above, and otherwise competent to contract. You hereby represent that you are 18 (eighteen) years of age or above and competent to contract.

    b. You represent that you have all rights required to provide the information that you provide, including the Information (as defined in the Privacy Policy), and represent that it is true and accurate.

    c. All Information will be used and processed in accordance with the Terms of Use, Privacy Policy, and any other agreement that you have entered into with the Company. You agree that you have read and understood the Terms of Use, Privacy Policy, and any other agreement that you have entered into with the Company.

    1.2. You will be solely liable and responsible for your acts and omissions on the Website.

    1.3. You understand and agree that the Company may, in its sole discretion, deny you access to the Website without notice, and you waive any right to claim access to the Website or any other claim that you may have against the Company in relation to the Website. Any data pertaining to your usage may be retained or deleted at the Company’s sole discretion, subject to applicable laws.

    1.4. The Website is solely for the purpose of providing you with details about our design-led manufacturing solutions, capabilities, and services, and general corporate information. Nothing set forth herein shall be construed to provide you with any rights or license in relation to our products or services.

    2. PERMITTED USES

    You agree that you will view, use, and access the Website and any information and documents available on it in accordance with the Terms of Use, the Privacy Policy, any other agreement that you have entered into with the Company, and in accordance with applicable laws.

    3. PROHIBITED USE

    In relation to the view, use, and access of the Website and its content and features, you agree and undertake not to:

    3.1. re-sell the usage of the Website;

    3.2. host, display, upload, modify, transmit, publish, store, update, or share:

    a. any information on behalf of a third party;

    b. any information or material which is harmful, false, misleading, abusive, insulting, or harassing on the basis of gender, bigoted, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, libelous, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise unlawful in any manner whatever;

    c. any information or material which may harm minors in any way;

    d. any information that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;

    e. any information that impersonates another person;

    f. any viruses, malware or any other computer code, file, or program designed to corrupt, interrupt, limit, destroy or otherwise impact the Website, Company’s computer systems, the computer systems of other users or third-party systems, or any other computer resource;

    g. anything which belongs to another person and to which you do not have any right or license; and

    h. any material or information which infringes the patent, trademark, copyright, or other proprietary rights (in whatever form) of any party;

    3.3. access the Website in any unauthorized manner, including by hacking;

    3.4. use the Website for any unauthorized marketing purposes or for sending any unsolicited materials or spamming;

    3.5. do any acts, or otherwise host, display, upload, modify, transmit, publish, store, update or share any information that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;

    3.6. use any robot, spider, site search/retrieval application, web scraping tools or other device to retrieve, index, or extract any portion of the Website;

    3.7. violate or invade the privacy of any person; and

    3.8. violate any law, statute, order, rule, regulation, directive, ordinance, circular, notification, code of conduct, or mandatory guideline.

    4. RELATIONSHIP

    You acknowledge that the Company is not acting as your agent. Consequently, the Company shall not be liable for any actions or omissions that are resultant from your view, access, and/or use of the Website and expressly waives any liability in this regard.

    5. DISCLAIMER

    5.1. Except as otherwise expressly provided herein, any content or information on the Website may include technical inaccuracies or typographical errors and are provided “as is” without warranty of any kind, either express or implied, including, without limitation, any implied warranties of merchantability, error-free usage, fitness for a particular purpose, title, or non-infringement. The Company does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free of viruses or other harmful components.

    5.2. The Website may contain links to third-party platforms / websites. The Company shall not be responsible in any manner for the contents of these third-party platforms / websites, and if you choose to access or use any links to view the third-party platforms / websites, you choose to do so at your own risk and volition.

    5.3. Certain statements on the Website concerning our future growth prospects are forward-looking statements that involve a number of risks and uncertainties that could cause actual results to differ materially from those in such forward-looking statements. The risks and uncertainties relating to these statements include, but are not limited to, risks and uncertainties regarding fluctuations in earnings, our ability to manage growth, intense competition in information technology services including those factors which may affect our cost advantage, wage increases, our ability to attract and retain highly skilled professionals, time and cost overruns on fixed- price, fixed-time frame contracts, client concentration, restrictions on immigration, our ability to manage our international operations, reduced demand for technology in our key focus areas, disruptions in telecommunication networks, our ability to successfully complete and integrate potential acquisitions, liability for damages on our service contracts, the success of the companies in which the Company has madestrategic investments, withdrawal of governmental fiscal incentives, political instability, legal restrictions on raising capital or acquiring companies outside India, and unauthorized use of our intellectual property and general economic conditions affecting our industry. The Company does not undertake to update any forward-looking statement that may be made from time to time by or on behalf of the Company.

    6. INTELLECTUAL PROPERTY
    You agree and understand that:

    6.1. The contents of the Website including, but not limited to, the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, and icons are the sole and exclusive property of the Company or its licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with the Company or its licensors.

    6.2. Save for the limited right granted to you under Clause 6.3 and to view, access, and/or use the Website in accordance with the Terms of Use, on a non-exclusive, revocable, and non-transferable basis, there are no other rights being granted to you in relation to the Website or any of its contents and functionalities.

    6.3. Copyright in the pages and the screens displaying the pages, and in the information and material therein on the Website and in their arrangement, is owned by the Company unless otherwise indicated. Limited permission to use and/or copy documents (including, but not limited to, annual reports, periodic reports, filings, press releases, datasheets, business literature, and papers) from the Website is granted to you, provided that: (a) the copyright notice and permission notice appear in all copies; (b) the use of such documents from the Website is for informational and non-commercial or personal use only and will not be copied or posted on any network or computer or broadcast in any media; and (c) no modifications of any documents are made. Use for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. The permission to use and/or copy the documents specified herein does not extend to the design or layout of the Website or any other Company-owned, operated, licensed, or controlled site. Elements of Company websites are protected by trademark, unfair competition, and other applicable laws. They shall not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Websites shall be copied or re-transmitted unless expressly permitted by the Company in writing.

    6.4. You have no rights to remove or modify (including removing any copyright notices or proprietary markings) any part of the Website.

    7. INDEMNITY

    You shall defend, indemnify, and hold harmless the Company, its directors, officers, and employees from and against any and all claims, liabilities, damages, suits, and costs (including reasonable attorneys’ fees), arising out of or in connection with: (a) these Terms of Use, (b) Privacy Policy, (c) your actions or omissions, or (d) any third-party claims arising as a result of your actions or omissions.

    8. LIMITATION OF LIABILITY

    To the maximum extent permitted under applicable law, in no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption, or any indirect, special, incidental, consequential, punitive, exemplary, or other damages, however caused, whether or not you have been advised of the possibility of such damages.

    The maximum aggregate liability of the Company to you or any other party, whether in contract, tort, negligence, or otherwise, howsoever arising, whether in connection with the Terms of Use, your view, access, and/or use of this Website and its contents and functionalities, or for any reason related to the operation of the Website, shall not exceed INR 1,000/- (Indian Rupees One Thousand only).

    9. GENERAL

    9.1. Force Majeure: In no event shall the Company be liable for any acts beyond its control or for any acts of God.

    9.2. Waiver and Release: No waiver of any provision of the Terms of Use shall be binding unless executed and notified by the Company in writing to you. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims you have or may have against the Company arising from: (a) your viewing, use, or access of the Website or its content and functionalities; and/or (b) any other user’s conduct.

    9.3. Entire Agreement and Modification: The Terms of Use, the Privacy Policy, and any other agreement entered into with you shall constitute the entire agreement between you and the Company for the viewing, access, and use of the Website. Any modification to the Terms of Use shall only be binding if posted on the Website by the Company.

    9.4. Severability: If any provision of the Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of the Terms of Use, which shall remain in full force and effect.

    9.5. Governing Law: The Terms of Use are governed by and construed in accordance with the laws of India.

    9.6. Dispute Resolution and Exclusive Jurisdiction: You irrevocably consent to the exclusive jurisdiction of the competent courts located in Hyderabad, Telangana, India for all disputes arising out of or relating to the Terms of Use or Privacy Policy. Subject to the foregoing, all disputes arising out of or in connection with these Terms of Use or Privacy Policy shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The parties shall mutually appoint a sole arbitrator to conduct the arbitration proceedings. The seat and venue of arbitration shall be Hyderabad, Telangana and the language for arbitration shall be English only. Each party shall bear its own expenses in the arbitration proceedings and shall share equally the costs of the arbitration. The arbitrator may, in its discretion, award costs and fees to the prevailing party. The parties acknowledge and agree that the arbitral award delivered by the sole arbitrator shall be final and binding on the parties.

    9.7. Grievance Redressal: If you have any questions, concerns, complaints, or grievances regarding the Website or its contents and functionalities, please contact our Grievance Redressal Officer, namely Sudha Singh at marketing@cyientdlm.com. We shall endeavour to address all questions/complaints within a reasonable time from the date of receipt of such question/complaint.