Welcome to www.provigence.com (“Website”) owned and operated by Techmantra Solutions Private Limited (‘’Techmantra’’), a company incorporated under the provisions of the Companies Act, 1956.
This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 read with Information Technology Act, 2000 and does not require any physical or digital signatures.
Before you may use the Website, you must read all of these General Terms of Use (“Terms”) herein and the Privacy Policy provided on the Website. By using Techmantra’s products, software, services and Website (“Services”), you understand and agree that Techmantra will treat your use of the Services as acceptance of these Terms from such point of usage. You may not use the Services if you do not accept the Terms. If you do not agree to be bound by these Terms and the Privacy Policy, you may not use the Website in any way. It is strongly recommended for you to return to this page periodically to review the most current version of the Terms in force. Techmantra reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this Website signifies your assent/ratification of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms in any way, your only recourse is to immediately terminate the use of the Website. We may require you to agree to additional terms (if any) between you and Techmantra in connection with specific services that you may avail yourself from time to time. The service provided by Techmantra through the Website is available and appropriate only for use in India.
- PROPRIETARY RIGHTS
You acknowledge and agree that Techmantra owns all rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not). You further acknowledge that the Services may contain information which is designated confidential by Techmantra and that you shall not disclose such information without Techmantra’s prior written consent.
Techmantra grants you a limited license to access and make personal use of the Website and the Services. This license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You do not have the right to use any of Techmantra’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
- USAGE OF THE WEBSITE
The Website is intended for personal and non-commercial use. You shall register to become a member of the Website only if you are of the age of 18 or above and can enter into binding contracts as per applicable laws. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of the Website by you and anyone using your password and login information (with or without your permission).
You also agree to provide true, accurate, current and complete information about yourself as and when prompted by the Website. If you provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete), or Techmantra has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Techmantra shall have the right to suspend or terminate your account and/or refuse any and all current or future use of the Website (or any portion thereof) or Services I n connection thereto.
By making use of the Website, and furnishing your personal/contact details, you hereby agree that you are interested in availing and purchasing the Services that you have selected. You hereby agree that Techmantra may contact you either electronically or through phone, to understand your interest in the selected products and Services and to fulfil your demand or complete your application.
You specifically understand and agree that by using the Website you authorize Techmantra and its affiliates and partners to contact you for any follow up calls in relation to the Services provided through the Website. You agree and consent to receive communications on your phone/mobile number provided by you on the Website and expressly waive any registration made under DND/NCPR list under TRAI regulations.
You agree and authorize Techmantra to share your information with its group companies and other third parties, in so far as required for marketing purposes/offering various Services and/or to provide you with various value-added services, in association with the Services selected by you or otherwise. You agree to receive communications through e-mails, telephone and/or SMS, from Techmantra or its third-party vendors regarding the Services/ancillary Service updates, information/promotional emails and/or product announcements. You also agree that Techmantra reserves the right to make your details available to its partner and that you may be contacted by the partners for information through email, telephone and/or SMS. If you request not to receive such communication/marketing material any further, it shall be applied prospectively only and shall not apply in respect to your data already shared by Techmantra with its partners upon your prior consent. In case you do not wish to receive any such communication/marketing materials from our partners, we request you to kindly get in touch with them independently, without involving Techmantra.
The usage of the Website may also require you to provide consent for keying in your Personal Information (“PI”) (including but not limited to user ids and passwords), as may be necessary to process your application through this Website. PI keyed in shall be required for enabling hassle-free, faster and paperless (to the extent possible) processing of applications for any products so opted/availed by you. Techmantra shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, Techmantra shall not be liable to you against any liability or claims which may arise out of such transactions.
You shall not sell Techmantra’s Services, information, or software associated with or derived from it or use any robot, spider, other automatic device, or manual process to monitor or copy the Website and or its content or interfere or disrupt the Website; take any action that imposes an unreasonably or disproportionately large load on Techmantra’s infrastructure/network or use any device, or interfere or attempt to interfere with the Techmantra Services or forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Techmantra or to manipulate your presence on the Website.
You may only use the Website to search for interesting facts, news, articles as may be displayed on the Website from time to time and you shall not use the Website to make a fraudulent application for any products listed on the Website. You agree not to use the Website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. Since the Website is in operation in India, while using the Website, you shall agree to comply with laws that apply to India and your own country (in case of you being a foreign national). We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the Website. Techmantra does not provide any Service to individuals resident in the European Union, European Economic Area, Switzerland, Guernsey and Jersey.
You are prohibited from posting or transmitting to or through this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
- PRIVACY POLICY
By using the Website, you hereby consent to the use of your information as we have outlined in our Privacy Policy.
- OUR PARTNERS
Display of information on the Website does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of Techmantra in favour/against such third parties or their products. You agree that Techmantra is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from the third parties.
Your interaction with any third party accessed through the Website is at your own risk, and Techmantra will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
- DISCLAIMER OF WARRANTY
The Website and all content and Services provided on the Website are provided on an “as is” and “as available” basis. Techmantra expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Techmantra makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) The Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.
- LIMITATION OF LIABILITY
Techmantra (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website. The Website may provide links to other third-party websites. However, since Techmantra has no control over such third-party websites, you acknowledge and agree that Techmantra is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party websites. You further acknowledge and agree that Techmantra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites. Such third-party website may have separate terms and conditions and privacy policy, and which are independent of Techmantra and therefore, we advise you to read the terms and conditions available on such website before you access any such third-party website.
- INDEMNITY
You agree to indemnify and hold Techmantra (and its officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms, your violation of any law or the rights of a third party, or your use of the Website.
- WAIVER
Any failure or delay by Techmantra to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by Techmantra of that provision or right. The exercise of one or more of Techmantra’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Techmantra under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of Techmantra.
- FORCE MAJEURE
If performance of Services/Website by Techmantra is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Techmantra and could not have been prevented by reasonable precautions, then Techmantra shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by Techmantra of its obligations herein or incur any legal liability on Techmantra.
- ADDITIONAL TERMS
You may not assign or otherwise transfer your rights or obligations under these Terms. Techmantra may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to you. If we fail to act on your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. The laws of India, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of the same. If you take any legal action relating to your use of the Website or these Terms, you agree to file such action only in the courts located in Delhi, India. In any such action that we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that you have read and have understood these Terms and that these Terms have the same force and effect as a signed agreement. This paragraph shall survive termination of this agreement.