Terms of Service

Welcome to emSign, an online portal for Digital Certificates and for related information; an initiative of eMudhra Technologies Limited and its Affiliates.

User Agreement
You (the user) can access emSign (the "Site"), subject to the terms and conditions of use, as changed / updated from time to time entirely at the discretion of emSign CA as set out below. The term of this Agreement shall continue and would be in force till the time you access this site & its services and you agree that you are bound by the terms as mentioned herein. Nothing in these Terms of Service should be construed to confer any rights on you or any third party beneficiaries.

Eligibility
You may not use a Website in any jurisdiction where its contents or use is restricted or prohibited by law. You may not use the Website for any purpose other than learning about emSign, ordering its products and services, or maintaining your customer account.

Changes to Terms and Conditions
We reserve the right to add to or change/modify the terms of this Agreement including but not limited to suspend/cancel, or discontinue any or all service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice. Such changes will be posted to http://www.emSign.com for your convenience to understand your responsibility as a user. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. You will be deemed to have accepted such change/s if you continue to access the Site subsequent to such changes.

Privacy of Information Collected
Please refer Privacy policy

Charges and Fees
This Site reserves the right to change subscription and / or membership fees and charges in respect of any part, aspect of this Site & Service/s and/or product/s . . Such changes will be made by displaying on the site the new / revised charges for the service/s and/or product/s as offered from time to time and on such display, it will be presumed to be read by all users whether registered or not & no further notice would be required. The same will apply for any service/s or products, which are currently being offered without any charges, whenever made chargeable.

Refund Policy
The refund policy is governed by the CP/CPS published in the repository - http://repository.emSign.com

In any event, claim for refund will not be entertained in case of any wrong data entry done by the subscriber which causes incorrect or wrong data entry in certificate.

Request for refund of any payment made to emSign must be made within 5 business days of date of payment. Your request for a refund terminates your rights to use the associated emSign services and any related warranties.

Refund of the fees you paid to emSign is the maximum relief granted in any event, including but not limited to computation error, printing error, filing error, filing delay, data leakage, security breach, data loss, or non-availability of service.

Certificate Download and Certificate Delivery
Please refer CP/CPS

Appropriate Individual Registration, access & conduct of user and content for personal use only
You may not use the emSign service for any illegal or unauthorized purpose, including misusing identity of another person. International users agree to comply with all Indian laws & regulations, including laws regulating the export of data from the United States or your country of Residence or Citizenship. You are solely responsible for your conduct and any data, text, information, graphics, that you submit, & post on to emSign service.

Other examples of illegal or unauthorized uses include, but are not limited to:

  1. Modifying, adapting, translating, or reverse engineering any portion of the emSign service.
  2. Removing any copyright, trademark or other proprietary rights notices contained in or on emSign service.
  3. Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the emSign service.
  4. Creating user accounts by automated means or under false or fraudulent pretences.
  5. Creating or transmitting unwanted electronic communications such as "spam," or chain letters to or otherwise interfering with other user's enjoyment of the service by blocking.
  6. Submitting data of any third party without such third party's prior written consent.
  7. Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by emSign.
  8. Submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
  9. Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
  10. Submitting false or misleading information.

While emSign prohibits such conduct on its site, you understand and agree that you nonetheless may be exposed to such misuse or blocking by other users and that you use the emSign service at your own risk.

For certain services such as Email, contents, Online apply and others, registration by the visitor is required. By registering, you agree to the following terms in addition to any other specific terms, which shall be posted at an appropriate location of the Site. Each registration is for a single individual user. To access these services, you will be asked to enter your individual User Name, Password, Therefore, we do not permit any of the following:

  1. Any other person sharing your User Name and Password
  2. Any part of the Site being cached in proxy servers and accessed by person/s who have not registered with emSign as users of the Site & Service/s

If we reasonably believe that a User Name and Password are being used / misused in any manner as clarified above we reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of eMudhra Technologies Limited, its parent, affiliates and associates and are protected under applicable Indian laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Limited Permission to Copy
You are permitted to print or download extracts from these pages for your personal non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of this Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.

Exchange of Information, CHAT & other Community Services
All information, data, text, software, graphics, video, messages or other materials, whether publicly or privately transmitted / posted, is the sole responsibility of the person who posts such information, data, text, etc.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service.

You shall be solely responsible for all content that you upload post or otherwise transmit. emSign endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. Under no circumstances will emSign be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded. By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any person / user.

You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this site, or other user's ability to engage in real time exchanges.

Any transactions relating to sale/purchase of goods or services not directly offered by emSign are to be settled inter-se between the parties and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by this site.

Proprietary Rights of emSign
emSign reserves its right to terminate your account without any prior notice for any violation of the Terms of Use.

By submitting or furnishing any personal information, data or details on or through the emSign service/s, you automatically grant to us non-exclusive, permission & irrevocable right to hold & store your, such personal information, data or details and related information. Our use of your personal information is governed by our Privacy Policy.

It is our policy to respond to notices of alleged infringement that comply with the Copyright Act. By submitting or furnishing any content and or suggestions other than your personal information on or through the emSign service/s, you automatically grant to us a worldwide, non-exclusive, permission & irrevocable right & such content & suggestions becomes the property of emSign and you agree to grant/assign the royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Email Services
On selection of email Alert service you agree & grant non-exclusive, permission & irrevocable right to send emails & alerts by way of messages or other formats as time to time decided by us on commercial expediency prudence and that your prior permission to continue or change such method is deemed to have been agreed & granted by the user.

Disclaimer of Warranties and Liability
All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on "AS IS" basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.

eMudhra Technologies Limited, its directors, employees, agents, representatives and the authors and its parent, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions as a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

Certain links on the Site lead to resources located on servers maintained by third parties over whom emSign has no control or connection, business or otherwise as these sites are external to emSign. You agree and understand that by visiting such sites you are beyond the emSign website. emSign therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

Please additionally refer to the Disclaimers.

Privacy
Your use of this Website is subject to our Privacy policy.

Material Submitted by Users
Certain elements of The Site will contain material submitted by users (community center). emSign accepts no responsibility for the content, accuracy, and conformity to applicable laws of such material.

Advertising Material
Part of the Site contains advertising/other material submitted to emSign by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and emSign will not be responsible for any claim, error, omission or inaccuracy in advertising material. emSign disclaims all warranties relating to the advertising/other material published on the Site and shall not be responsible to any parties for any liability that may arise out of the use of such advertising / other material or in any manner relate to such advertising / other material. emSign reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to emSign's terms and conditions.

Data Protection
Please refer to Privacy policy

Force Majeure
emSign shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.

Force Majeure event shall be one when there is any cessation, interruption or delay in the performance of emSign's obligations due to causes beyond its reasonable control, including but not limited to: technical, earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, war (whether or not officially declared) or the inability to obtain sufficient supply of service, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree. Without limiting the foregoing, under no circumstances shall emSign be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning of your information and or data received and or stored or any of our service/s.

Governing Law
The Agreement shall be governed by the Laws of India. The Courts of law at Bangalore shall have exclusive jurisdiction over any disputes arising under this agreement unless it is expressly agreed otherwise.

Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

There are risks associated with utilizing internet and short messaging system (chat) based information and research dissemination services. Users/subscribers are advised to understand that the services can fail due to failure of hardware, software, and Internet connection. While we ensure that the email/messages are delivered in time to the user/subscribers, the delivery of these email/messages to the customer's email inbox or message center is the responsibility of the email/messenger's service provider Network. Email/messages may be delayed and/or not delivered to the user/subscriber's inbox or chat box on certain days, owing to technical reasons that can only be addressed by the service provider, and eMudhra Technologies Limited who owns emSign and group companies associated with it and/or its employees cannot be held responsible for the same.

emSign hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. We consider ourselves and intend to be subject to the jurisdiction only of the courts of the Bangalore in India. If you don't agree with any of our disclaimers above please do not read the material on any of our pages. This site is specifically for users in the territory of India. Although the access to users outside India is not denied, emSign shall have no legal liabilities whatsoever in any laws of any jurisdiction other than India unless it is specifically agreed otherwise.. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

YOU ARE DEEMEED HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS AND CONDITIONS MENTIONED HEREINABOVE AND HEREBY CONFIRM YOUR ACCEPTANCE TO THE SAME BY ACCESSING OR USING INFORMATION CONTAINED IN THIS WEBSITE. YOU SHALL ADHERE TO ALL THE TERMS AND CONDITIONS MENTIONED IN THIS TERM OF SERVICE.