Symilarity.com (“Symilarity”) welcomes you to our website, Ezyazz.com (“Site”). Your use and access of our Website and the Services we render shall be governed by these Terms and Conditions (“Terms”).
Our Site offers contract risk analysis (the “Services”) which you can access. By using our Site, its Services or by downloading any material available hereon or created by use of our Services, you are entering into a legally binding agreement with us. If at any stage you do not accept these Terms, we shall not be responsible towards you in any manner whatsoever. If you represent to us that you do not accept these Terms, we shall be entitled to immediately prevent your use and access of our Site and its Services.
Where you are using our Site and its Services on behalf of your employer, you agree that you have the legal authority to bound your employer to these Terms through your use.
IF YOU ARE NOT SO AUTHORIZED OR DON’T AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE AND/OR ITS SERVICES. YOUR CONTINUED USE OF OUR SITE AND/OR ITS SERVICES SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS.
1. Use of Our Services
You can use the Services offered on our Site without requiring a user account. However, while using our Site and its Services, you as a user undertake and warrant to us that:
(i) You are at least 18 years of age;
(ii) You have the right to disclose the documents being submitted for review and that you are not bound by any contract or legal obligation which prevents you from doing so;
(iii) You shall use our Site and its Services for legitimate purposes only;
(iv) You shall use our Site and its Services in complete compliance of these Terms; and
(v) Any information that you provide to us is complete and accurate.
Our Service is intended solely to provide visual displays of existing data. The Service is intended to be used for informational purposes only. Nothing contained in the commentary rendered by our Site is to be construed to be legal advice. You are advise to take independent legal advice prior to relying on the commentary being provided. When using this for operational or decision-making purposes, you are responsible for verifying the accuracy of the results produced by the Service.
You agree that the Site and the Services contain confidential and trade secret information of Symilarity and its licensors and that you may not disclose such confidential information to third parties, unless such disclosure is expressly permitted or required by law or has been expressly authorized by Symilarity in writing. Notwithstanding the foregoing, you may copy and display, to your actual and prospective customers, captures of the data displays our Service generates from content you submit; provided, however, that such copy contains the unmodified logo, corporate name or other attribution depicted on each page of the Service, or an unmodified copy of our logo accessed, is pasted on each page of the data display.
2. Code of Conduct/Right to Terminate
- You will not post or distribute any materials that are abusive, libellous, defamatory, vulgar, profane, or obscene; or that are fraudulent or deceptive; or that violate anyone’s copyrights or other intellectual property; or that violate anyone’s confidentiality or privacy; or that harass, threaten, annoy, or are otherwise inappropriate.
- You will not post or transmit any advertising, promotional materials, or other forms of solicitation; post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer; or take any action that imposes an unreasonably or disproportionately large load on our infrastructure or damages or disrupts the functioning of our systems or Services.
- You shall not sell, resell, rent or lease the Services.
- You will not upload post, transmit or otherwise make available any content or data that infringes any patent, trademark, copyright, trade secret, or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner or other legal justification to use such content or data.
- You will not upload, post, transmit or otherwise make available any content or data prohibited by applicable law.
- You will not use the Site or its Services in any manner that violates applicable local, state, national or international law.
- You will not upload any data that is libellous, slanderous or tortious nor will you use the Service, or Site in any manner that violates the privacy rights or any person.
- You will not falsely identify the source of any communications or materials, deliberately mislead anyone as to your identity (including impersonating a representative of Symilarity), and use the Site to transmit unsolicited email, disclose material, non-public information about any company or otherwise act contrary to the law.
- You agree that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audio-visual, video, artwork, graphics, messages and other content of any nature that are transmitted to or via the Site (“Content“) are the sole responsibility of the person from which the Content originated. This means, in part, that you, and not Symilarity, are entirely responsible for the Content you transmit through the Site. You also understand that by using the Site you may be exposed to Content that is offensive, objectionable or indecent and you agree not to hold us responsible for any such Content. We can terminate your access to the Site and its Services, at any time, without prior notice and at our sole discretion, (i) for failure to pay any fees or charges invoiced to you, (ii) for any other actual, apparent, threatened, or accused misconduct, (iii) in our discretion for any reason, or (iv) if you are found to be in violation of these Terms.
3. Uploaded Materials
You represent that you will have the right to post or upload to our Site any Content that you do post or upload, and you hereby license us and our Affiliates to make unrestricted and perpetual use of any such content you make available or upload on our Site. You will indemnify us and our Affiliates against any third party claims that may be instituted for infringement of intellectual property where the same is solely attributable to you.
4. Objectionable Content/Copyright Takedown
If you believe your rights have been violated by, or you otherwise object to, any posting, information or other Content on the Site, please contact us promptly so we can evaluate the claim and take appropriate action. If your objection relates to copyright infringement, please observe the following paragraph.
Copyright Policy: Without limiting the above, it is Symilarity’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Content or materials appearing on this Site contain infringements, please send a notice to us at the following address info@Symilarity.com. Your notice should contain the following:
- a physical or electronic signature of a person (i.e. claimant) authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to be infringed;
- identification of the content or material claimed to be infringing;
- a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference;
- the address, telephone number or email address of the claimant;
- a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. Third Party Sites and Products
The Site and the Service may provide you with access to a variety of third-party content (the “Third Party Content”). You understand and agree that by using the Site and its Services, you do not receive any rights, title or interests in this Third Party Content, and all such content shall be the sole and exclusive intellectual property of such Third Parties.
Our Site may also contain links to third-party websites for advertisement, marketing, or other similar purposes. You may be able to access these third-party websites by clicking the links available on our Site. Once you click on any such link, you will be re-directed to the concerned third-party website.
We do not control any of these websites or the content posted thereon. Therefore, we specifically disclaim ourselves from any liability arising out of your use of such third-party websites. In case you have any grievances regarding any third-party website, we advise you to contact the concerned third-party directly.
6. Data Storage/Security
At Symilarity we have implemented security measures to protect our systems, servers, Site, and user data. We also make reasonable attempts to backup data.
However, because the success of this process depends on equipment, software and services over which we have at best limited control, you agree that Symilarity has no responsibility or liability for the deletion or failure to store any data or other Content or communications maintained or transmitted by the Service.
You acknowledge that Symilarity may have set no fixed upper limit on the number of transmissions you may send or receive through the Site or Service or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. Symilarity takes reasonable steps to secure the data and Content transmitted by you. However, Symilarity cannot guarantee that the Content and data transmitted by you will remain secure.
There may be situations where despite our efforts, our systems, servers, Site, and/or user data may get compromised due to external cyber attacks. In such an event, we will attempt to ensure that we get back the access of our facilities as soon as possible. We will also attempt to protect your user data as much as possible. However, we do not guarantee the same and will not be liable for any such data loss.
7. Disclaimer of Warranties
Limitation of Liability:
- Our Site and its Services are provided “as-is”. Neither we nor any of our partners make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose with respect to our site, software, any content, or any of our services, tools, products, or properties. Without limiting the foregoing, neither Symilarity nor any of our partners make any warranty that the quality of any products, services, information, or other content that you purchase or obtain from the use of our services will meet your expectations or that the operation of the services will be error free or that any errors will be corrected.
- Symilarity does not warrant or make any representation regarding the use or results of the use of the services or software in terms of their correctness, accuracy, quality, reliability, appropriateness for a particular task or application or otherwise. No oral or written information or advice given by Symilarity shall create a warranty or in any way increase the scope of the warranties provided in this agreement. You expressly agree that you assume the entire risk as to the quality and performance of our services and the accuracy, timeliness or completeness of our content. Additionally, to the fullest extent permitted by law, Symilarity disclaims any liability for the security, reliability, timeliness, and performance of the services, software or site.
- Symilarity disclaims any responsibility for the deletion, failure to store, deliver, untimely delivery of any information or material. You are responsible for all actions on the Site by you or under your account.
- You agree that Symilarity and its officers and employees will have no liability to you whatsoever, direct or indirect, for any damage, loss or expense you suffer as a result of your visiting our Site and using our Services, viewing another site from ours, obtaining information, content, products or services from our affiliates, or otherwise arising from your relationship with us, even if we have been advised of the possibility of such damages. This includes, but is in no way limited to, loss or injury caused in whole or in part by our negligence or by anything beyond our control in creating or delivering any of our Content or Service, unless caused by our wilful misconduct. Such limitation shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content stored by you in connection with the service. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party Content providers will be limited to the greatest extent permitted by law.
IN NO EVENT SHALL Symilarity BE LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNTS PAID BY YOU TO Symilarity DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site or its Service (or any part thereof) with or without prior notice. You agree that Symilarity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and its Services.
In order to avail the Services on our Site, you are required to pay the fees specified on the Site. The payment you make to avail our Services are non-cancellable and non-refundable in nature. Unless otherwise stated, Symilarity fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Therefore, unless the contrary is specified on the payment page, the fees mentioned on the Site is exclusive of the applicable Taxes.
10. Invoicing & payment
We accept payments for our Services through credit card, debit card, netbanking, and other suitable payment methods mentioned on our Site. You may use any of these payment methods to complete your purchase.
For the purpose of concluding the payments, we use a third-party payments platform. Therefore, for completion of the purchase, you may be re-directed to the said third-party platform. Thus, the conclusion of the payment shall be governed by the policies of the said third-party platform.
By providing the requisite payment details, you authorize Symilarity to charge such payment method for all Services that you select to avail on our Site. Such charges shall be made in advance as per the billing frequency opted by you on our Site. You are responsible for providing complete and accurate billing and contact information to Symilarity and notifying us of any changes to such information.
The invoice for your purchase shall be shared with you at the email address you provide to us at the time of making the purchase.
11. Intellectual Property
This Site and its Services are protected by our copyrights, trade secret rights and other intellectual property laws. We own all such IP (except certain in-licensed code), which you agree not to use without our consent, except solely in conjunction with your authorized uses of this Site as permitted by these Terms. If you create derivative works of our product, despite the prohibition on doing so, you agree that we will own the intellectual property in those works and hereby assign all such IP rights to us.
All communications (except as noted under Copyright Policy) should be sent to: info@Symilarity.com.
You agree to indemnify and hold harmless Symilarity, and its parents, subsidiaries, affiliates, licensors and other partners, officers, directors, shareholders, employees, and agents from any claim, demand, or investigation, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your use of the Site and/or its Services, any alleged violation of these Terms of Service, including any applicable Symilarity policies, laws or regulations, or any alleged violation of any rights of another, including but not limited to third party intellectual property rights, privacy rights other rights in used by you in connection with the Site or Service.
Symilarity reserves the right, at its sole expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
13. Dispute Resolution and Governing Law
In case you have any issue, complaint or claim with respect to your use of our Site and/or its Services, you can write to us at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. We will try to amicably resolve your concerns in accordance with our Site policies.
Our Site and its Services are governed by the applicable laws of England. Thus, the courts of London, UK shall have exclusive jurisdiction over any claim with respect to our Site and/or its Services. While using our Site and/or its Services, you undertake and warrant that you will comply with all applicable laws, including export laws and regulations, that are made applicable in the UK.
You agree to cooperate with Symilarity (and its subsidiaries or parent) in the creation of marketing materials such as web data, case studies, articles, and podcasts regarding use of Symilarity’s tools. You agree that Symilarity may record, and publish in any media, using any distribution method, your business name, operation and logo.
In case any provision of these Terms or part thereof is held to be void, illegal or invalid by any court of competent jurisdiction, then the said provision or part thereof shall be severed from the remaining Terms and the same shall remain in full force and effect. We may make alterations to the invalid provision to make it more consistent with the law while retaining its original intent, unless the intent in itself is the cause for such invalidity.
Any failure or delay on our part to exercise any of the provisions under these Terms shall not constitute a waiver thereof. However, you shall be deemed to have waiver your rights under these Terms if they are not exercised within a period of 3 years from the arising of the cause of action.