Privacy Policy and Terms of Services
Privacy of User Information on the Service
NESH only collects personal information that you choose to provide voluntarily when
using or registering with the Nesh-Track application. "Personal information" includes
information that can identify you, such as:
Name, cellular phone number, email address, device GPS location and device token
Log-in Information we collect on the Nesh-Track site may be used to enhance this
Web site in ways like these:
• Arrange this application in the most user-friendly way
• Customize your user experience of this application
• Communicate special offers, product or company alerts, events, product launch etc.
• Respond to your questions or suggestions
1. Agreement
1.1 This User Agreement constitutes the agreement between Nesh Technologies Pvt.
Ltd. ("NESH") and you ("You," "your," or "user,") as a user who accesses or
establishes a connection to NESH's Nesh-Track system (" Nesh-Track ").”You,"
"your," or "user," means an adult user of the Service for itself. And the "Services" in
this agreement means Nesh-Track system.
1.2 You can use the Services for self learning about the company and product. This
further includes the product features & advantages, machine pictures, videos, machine
highlights,etc. The services are only authorized for an authenticated user approved by
NESH only
1.3. You agree to abide by all of the provisions in this Agreement in order to remain
an authorized user of the Services, and your use of the Services constitutes your
agreement to abide by these provisions. Distribution of your user name or password
to others for access to the Services is prohibited and may result in termination of your
account or other liability. Your use of the Service indicates that you are bound by this
agreement with NESH. If you do not agree with any of these terms and conditions,
discontinue use of the Service.
1.4 NESH reserves the right, in its sole discretion, to change any or all of the provisions
of this Agreement at any time. NESH will make the current Agreement available as a
link from each Service's home page. The Agreement in effect at the time of your use
of the Service shall govern your use and your use of the Service after the effective
date of any changes to this Agreement will be deemed your acceptance of the
changes. If you desire not to be bound by a change, discontinue use of the Service.
1.5 NESH reserves the right, in its sole discretion, to change, limit, or discontinue any
aspect, content, tool, or feature that is a part of the Services. NESH further reserves
the right, in its sole discretion, to restrict the use of the Service as well as suspend or
revoke your rights to use the Services based on NESH's belief that your use of the
Services violates that permitted by this Agreement or applicable law.
1.6 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE
NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE YOUR USE OF THE SERVICES.
2. Registration
2.1 As part of the registration process, you will be given a password and username.
You will be responsible for the confidentiality and use of your username and password
and agree not to transfer or resell your use of or access to the Service to any third-
party.
2.2. You can transfer your use of or access to the Service to any third-party in the
following situations,
A. In case of succession after death of user
B. In case of corporate merger or division
C. Ownership of machinery is transferred to any third-party
D. Similarity to the above cases, when NESH confirms the necessity of transference
When the use of or access to the Service is transferred, all rights and responsibilities
for the service is transferred to the recipient on the same day.
2.3 If you have reason to believe that your account with Nesh-Track is no longer
secure, you must immediately notify NESH of the problem by contacting NESH and
you must request that your password be changed. YOU ARE ENTIRELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR
USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL
ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Trademark
3.1 The Services and all content and tools provided by NESH on the Services are
protected by copyright, trademark and/or other applicable intellectual property and
proprietary rights laws and are owned, controlled, and/or licensed by NESH. You may
not reproduce, adapt, or publish the information, text, or graphics contained in this site,
in whole or in part, for any purpose without the express written consent of NESH. All
trademarks appearing on the Services are the property of their respective owners. You
agree not to use any trademarks or copyrighted material without express written
permission of NESH.
3.2 Any links to third parties are solely provided as a convenience to the users of Nesh-
Track application. NESH makes no warranty or representation (express or implied) as
to such third party sites and shall have no liability connection with the use of such
sites. If you use any link site, you do so at your own risk.
3.3 You may search, retrieve, display, download to your area on the Nesh-Track
Service, and print content from the Services solely for your intended use. You may not
download electronic copies of NESH's content for any purpose other than those
permitted by Fair Use or otherwise by law. You shall make no other use of the content
without the express written permission of NESH. You will not modify, publish,
distribute, transmit, participate in the transfer or sale, translate, create derivative
works, or in any way exploit other than as set forth herein, any of the content, tools or
technology, in whole or in part, found on the Services. Further, you shall not engage
in any systematic downloading or other activity directed towards any of the content, in
whole or in part, found on the Services that would create any electronic database or
archive containing such content. You shall not make any changes to any content that
you are permitted to use under this Agreement, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You also will not
"frame" any of the content, tools or technology on the Services or the Services
themselves without the express written permission of
NESH. You agree that you do not acquire any ownership rights in any downloaded
content. You further agree that all rights in the Service and any of the content found
on the Service not granted to you under this Agreement are expressly reserved to
NESH and/or its licensors.
4. User Activities
4.1 You will use the Services and any tools, content, material, or information found on
the Services solely for lawful purposes. You shall not upload to, distribute to or through,
or otherwise disseminate through the Service any material or information of any kind
that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any
law or infringes or violates any privacy or other rights of any other person or entity, or
contains a solicitation of funds, advertising, or a solicitation for goods or services.
4.1 You will use the Services and any tools, content, material, or information found on
the Services solely for lawful purposes. You shall not upload to, distribute to or through,
or otherwise disseminate through the Service any material or information of any kind
that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any
law or infringes or violates any privacy or other rights of any other person or entity, or
contains a solicitation of funds, advertising, or a solicitation for goods or services.
4.2 You warrant that any material or information that you make available through the
Services, including, for example, documents you may post to your work area, is solely
your original work, or that you have all necessary rights to make the material or
information of any other person or entity available on the Services. You will be solely
responsible for the content of any material or information that you make available
through the Services. You will also be liable for any damage resulting from your making
any material or information available through the Services.
4.3 Except as set forth below, by making any material or information available through
the Services, you automatically grant to NESH a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, distribute and sublicense any such material or information (in whole or in
part) and/or to incorporate it in other works regardless of form, media, or technology.
By making any material or information available through the Services, you also grant
to users other than yourself the right and license to access, view, store, or reproduce
your material and information for that user's intended, internal use.
4.4 NESH reserves the right to delete, move, or edit any material or information that it
deems, in its sole discretion, unacceptable, libelous, defamatory, obscene,
pornographic, abusive, or otherwise in violation of any law or that infringes or violates
any privacy or other rights of any person or entity. Further, NESH reserves the right at
all times to disclose any material or information as necessary to satisfy any law,
regulation, or governmental request.
5. Privacy of User Information on the Service
5.1 NESH only collects personal information that you choose to provide voluntarily
when using or registering with the Nesh-Track application. "Personal information"
includes information that can identify you, such as:
Name, cellular phone number, email address, device GPS location and device token
• Log-in information
Under the below mentioned case, NESH may provide the agent's private location
information to a third party:
• When an agent of the private location information agrees to the written content
• Log-in information
Under the below mentioned case, NESH will not notify an agent about a third party's
information (third party's personal data, date when information provided, reason of the
requirement):
• When an agent of the private location information agrees to the written consent
5.2 Information NESH collects on the Nesh-Track application may be used to enhance
this tool in ways such as:
Arrange this application in the most user-friendly way o Customize your user
experience of this application
• Communicate special offers, product or company alerts, events, product launch etc.
o Respond to your questions or suggestions
5.3 NESH reserves the right to license names, email addresses, postal addresses,
cell number, and demographic information with other pre-screened organizations that
have specific service offers (SMS service, etc.) NESH also reserves the right to collect
and use data about you and your use of the Service for purposes such as, for example,
performing statistical analyses to assist NESH in improving the Service. NESH further
reserves the right to distribute such data in forms that may identify you individually or
reveal your identity. NESH may also distribute such data in forms that identify you
individually or reveal your identity to affiliates, partners and to third parties with a
contractual relationship with NESH. All such use and distribution shall be in
accordance with NESH's privacy policy, which is incorporated herein by reference.
Please familiarize yourself with the privacy policy by clicking on "Privacy Policy" (or
another similar link) on the Services' home pages. Nothing herein shall prevent NESH
from contacting you by emails or SMS with offers, information, and other
communications and all such contact is expressly approved by you. Nothing herein
shall prevent NESH from complying with valid requests by governmental authorities
investigating civil or criminal matters.
5.4 Certain parts of this application provide confidential or proprietary information to
NESH's distributor or supplier partners to enhance NESH's operations as a team
serving the customer. Access to seek this information requires user agreement to
NESH's dealer or supplier contract terms and the signing of a formal confidentiality
agreement. Distributors and suppliers also must agree to comply with NESH's web
site & application security controls associated with the specific web sites to which they
may be granted access.
5.5 If the dealers release or use your personal information with unacceptable purpose,
dealers should be responsible for all possible civil or criminal liability.
6. Disclaimer of Warranties & Limitation of Liability
6.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE
RISK. NEITHER NESH NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-
PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY,
COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION,
MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE,
ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR
ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE
SERVICES.
6.2 THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION,
POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
6.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL NESH (OR ANY
OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS,
OR LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL,
POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICE
ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY
LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO
KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NESH (AND ANY OF ITS
PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR
LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER
6.4 IN THE CASE OF TRANSFERS OF A USER'S USE OF OR ACCESS TO ANY
THIRD PARTY, USER SHALL REQUIRE THAT THE THIRD PARTY, BEFORE THE
DELIVERY OF ANY CONTENT, AGREE TO ALL OF THE TERMS AND
CONDITIONS SET FORTH HEREIN. PARTICULARLY, THE USER MUST ENSURE
THAT THE THIRD PARTY:
(a) COMPLIES WITH ALL APPLICABLE LAWS IN USING THE CONTENT; (b) WILL
USE THE CONTENT FOR ITS OWN PERSONAL USE;
(c) WILL PROHIBIT REPRODUCTION OR DISTRIBUTION OF CONTENT THAT
VIOLATES APPLICABLE LAW;
(d) RESERVES FOR NESH ALL INTELLECTUAL PROPERTY RIGHTS AND OTHER
RIGHTS IN THE CONTENT;
(e) UNDERSTANDS AND ACCEPTS THE WARRANTY, LIABILITY,
INDEMNIFICATION, AND DISPUTE PROVISIONS.
7. Indemnification
7. To the maximum extent permitted by applicable law, you will defend, indemnify and
hold harmless NESH (and any of its parents, subsidiaries, affiliates, directors, officers,
employees, agents, distributors, third-party providers, and licensors and their
respective directors, officers, employees, and agents) from and against all claims,
liability, and expenses, including attorneys' fees and legal fees and costs, arising out
of your breach of any provision of this Agreement. NESH reserves the right, in its sole
discretion and at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you. You will cooperate as fully as
reasonably required in the defense of any claim.
8. Application Security
8.1 You may not violate or attempt to violate the security of the Service by, including,
without limitation
(a) accessing data not intended for you or logging into a server or account that you
are not authorized to access,
(b) attempting to enroll the Services by plagiarizing others' names
(c) attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization,
(d) attempting to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Service, overloading, conducting
"denial of service attacks", "flooding", "spamming", "mail bombing" or "crashing",
(e) sending unsolicited e-mail, including promotions and/or advertising of products or
services,
(f) forging any TCP/IP packet header or any part of the header information in any e-
mail or newsgroup posting, or
(g) attempting to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Service.
Violations of system or network security may result in civil or criminal liability. NESH
will investigate occurrences which may violate such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are involved in
such violations.
8.2 Fraud Policies and Information
It is a crime to purchase any part of this Service with a false name or with the use of
an invalid credit card. (An invalid credit card is one that is created for the sole purpose
of purchasing items or services illegally or using a credit card or its information, via
theft or unauthorized use.) It is also illegal to misuse the charge back process to take
advantage of the Service. If you are a victim of fraud or if you are a perpetrator, be
aware that NESH will actively pursue and prosecute fraud offenders to the fullest
extent of the law.
9. Contacting Us
9. You may contact NESH by writing NESH at:
NESH TECHNOLOGIES PVT. LTD.
3rd Floor Type 2/8, Dr.VSI Estate, SH 49A, Thiruvanmiyur, Chennai, Tamil Nadu
600096.
If a response is necessary, NESH will contact you by sending electronic mail to the
address you provide to NESH, or by posting a notice on the Services. This will never
serve as legal notice or effective notice for cancellation purposes, all of which are
governed by the above sections.
10. Termination
10.1 NESH may terminate this Agreement and your use of the Services, or discontinue
the Services, at any time. NESH has the right immediately to terminate your use of the
Services in the event of any conduct which can be considered to be unacceptable in
the following cases.
A. If you make a fraudulent use of another's ID or P/W
B. If you modify, publish, distribute, transmit, participate in the transfer or sale,
translate, create derivative works, or in any way exploit our Services
C. If you infringe or violate any privacy or other rights of any person or entity D. When
you violate the Agreement.
10.2 You may terminate this Agreement for any reason by notifying NESH. If you
terminate this Agreement, such termination will become effective within 10 days of
receipt of the notification by NESH.
11. Law Governing Performance and Disputes
11. This Agreement shall be governed by and construed in accordance with the laws
of the India. Dispute shall be resolve through Arbitration as per provisions of Indian
Arbitration and conciliation Act , 1996 .The Arbitration shall be at Pune ,India . If
dispute is not resolve through Arbitration then in the event of dispute, if any, between
the Parties, the agreement is subject to the jurisdiction of the courts in Pune
12. General Terms
12. This Agreement and any policies and rules posted on the Services by NESH
constitute the complete and exclusive and final expression of the agreement of the
parties with respect to the subject matter hereof. Any waiver must be in writing and
signed. No waiver of any breach or default under this Agreement shall be deemed to
be a waiver of any preceding or subsequent breach or default. This Agreement shall
be binding upon and inure to the benefit of NESH and its successors, trustees, and
assigns. NESH may assign this Agreement or any of its rights or obligations under this
Agreement, with or without notice to you. Any such assignment by NESH does not
relieve you of your obligations under this Agreement.