Terms and Conditions

In using our website, you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements: “Customer”, “You”, and “Your” refers to you, the person accessing our website and using our services and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, and “Us” refer to our Company. “Party”, “Parties”, or “Us” refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer most appropriately, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Customer’s needs in respect of the provision of the Company’s stated services/products, by and subject to, prevailing Indian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they are taken as interchangeable and therefore as referring to the same.

Privacy Policy & Cookie Policy

View our Privacy Policy and Cookie Policy.

Terms of Customer Engagement Agreement

Services: The company will provide the initial outsourced marketing services (the “Service” or “Services”)

Payment Terms: Payment is billed in advance. An invoice will be sent to the customers, and payment indicates that the campaign (or the service opted for) should be started and these terms of service have been accepted.

For future orders with existing customers, it is assumed that if the customer agrees to continued campaigns either verbally or in writing, they have given The Company the right to charge the card on file and begin the campaign to ensure no delay or interruption.

If a refund needs to be administered, The Company will provide a full refund minus expenses for any work done or in progress, such as backlinks published or employee hours worked.

Intellectual Property

Intellectual Property Defined: The term “Intellectual Property” means any information, product, process, invention, discovery, technique, idea, design, machine, work of authorship, improvement or modification, computer system design, programming and documentation, experimental note and diary, audio and video recording, email, email attachment, test result, source code and object code for software, database, model, graphic or visual design, in whatever form and whether or not patentable, copyrightable or otherwise protectable under law, that is created, made, conceived, developed, expressed in tangible form or otherwise and whether or not reduced to practice.

Ownership: The Customer’s Intellectual Property to which the Company has access under this Agreement is and shall remain the Customer’s sole and exclusive Intellectual Property. Content, Graphics, and Lead lists created by the Company for the Customer shall be the Customer’s Intellectual Property. The Company may use lead data to enhance the Company’s matching and learning algorithms, provided that specifically identifiable information of the Customer and trademarks and service marks of the Customer are removed. Subject to the limited rights expressly granted hereunder, each Party reserves all of such Parties’ rights, titles and interest in and to their Intellectual Property. No rights are given or licenses hereunder other than as expressly set forth herein.

Limitation on the Delivery of Company Data: The Company will not deliver to any customer the Company unsolicited contact data acquired by the Company due to requests for contact data by the Customer. Notwithstanding the foregoing, the Company may deliver specifically requested contact data to any customer, regardless of how or for whom the Company acquired the data.

Confidentiality

Any information concerning the Customer and their respective Customer Records may be passed to third parties. However, Customer records are regarded as confidential and, therefore, will not be divulged to any third party other than our employees and, if legally required, to the appropriate authorities. Customers have the right to request sight of and copies of any Customer Records we keep on the proviso that we are given reasonable notice of such a request. Customers must retain copies of any literature issued to provide our services. Where appropriate, we shall issue Customer with appropriate written information, handouts or copies of records as part of an agreed contract for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Confidential Information Defined: The term “Confidential Information” means any confidential technical data, trade secret, know-how, or other confidential information disclosed by any Party hereunder in writing, orally, or by drawing or other forms, provided that Confidential Information shall not include information which: (1) is known to the receiving Party at the time of disclosure or becomes known to the receiving Party without breach of this Agreement; (2) is or becomes Publicly Known through no wrongful act of the receiving Party; (3) is rightfully received from a third party without restriction on disclosure; (4) is independently developed by the receiving Party; or (5) is disclosed according to judicial order, according to requirement of a governmental agency, or by operation of law. The term “Publicly Known” means information that can be obtained through a search of internet search engines, published in a book or periodical, or disclosed in a seminar or other educational event that was open to the public. Publicly Known does not include information conveyed to other individuals in a non-public manner.

Duty of Confidentiality: The receiving Party agrees that it will not disclose any Confidential Information of the disclosing Party to any third party and will not use Confidential Information of the disclosing Party for any purpose other than for the performance of the rights and obligations hereunder during the term of this Agreement and a period of five years thereafter, without the prior written consent of the disclosing Party. The receiving Party further agrees that Confidential Information shall remain the sole property of the disclosing Party and that it will take all reasonable precautions to prevent disclosure of Confidential Information. No license shall be granted, or warranty or representation is made by the disclosing Party to the receiving Party concerning Confidential Information unless otherwise expressly provided. Upon the request of the disclosing Party, the receiving Party will promptly return or delete all Confidential Information and all copies thereof.

Permitted Disclosure: Either Party may generate publicity and/or public announcements concerning the formation and existence of this Agreement and the relationship between the Parties so long as no disclosure of any of its economic terms is made. Notwithstanding the foregoing, any Party may disclose information concerning this Agreement as required by the rules, orders, regulations, subpoenas, or directives of a court, government, or governmental agency after giving prior notice to the other Party.

Equitable Remedies: Recognizing that improper use or disclosure of Confidential Information may cause the disclosing Party irreparable damage for which other remedies may be inadequate, the non-breaching Party shall be entitled to equitable relief to protect its interest therein, including but not limited to injunctive relief, as well as money damages notwithstanding anything to the contrary contained herein.

Warranties and Indemnity

Mutual Warranties and Representations: Each Party represents and warrants that:

It has validly entered into this Agreement and has the legal power to do so;
it has and shall comply with all applicable federal, state, local, or other laws and regulations applicable to the performance by it of its obligations under this Agreement;
it has and shall obtain all applicable permits and licenses (including, without limitation, patent, copyright and software licenses) required of it in connection with its obligations under this Agreement and
there is no outstanding litigation, arbitrated matter or other dispute to which it is a party which, if decided unfavourably to it, would reasonably be expected to have a potential or actual material adverse effect on its ability to fulfil its obligations under this Agreement.

Indemnity: Each Party (the “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (the “Indemnitee”) from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments (a “Claim”), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, incurred by, accrued against, charged to, or recoverable from the Indemnitee, by reason of any Claim arising out of or relating to any act, error or omission, negligence, or misconduct by or on behalf of the Indemnitor, during the performance of this Agreement, including, without limitation, Claims arising out of or relating to: (1) bodily injury (including death) or damage to tangible personal or real property; (2) any payment required to be paid to subcontractors, if any, of the Indemnitor; (3) any material misrepresentation or breach of warranty of any representation or warranty set forth in this Agreement; (4) infringement or misappropriation of any United States or foreign patent, copyright, trade secret, trademark, or other proprietary right or, (5) any material breach of any covenant set forth in this Agreement; provided, that the foregoing indemnity shall not apply to the extent that the applicable Claim resulted from the acts or omissions of an Indemnitee. This Section states the indemnified party’s sole liability to and the indemnified party’s exclusive remedy against the other party for any claim described in this Section.

Limitation of Warranty. Except for (1) the warranties expressly stated in this agreement and (2) any warranty, representation or condition to the extent the same cannot be excluded or limited under applicable law, the Company and its licensors, affiliates, agents, subcontractors and suppliers make no representations or warranties and expressly disclaim and exclude any warranties, representations and conditions, whether express or implied, whether arising by or under statute, common law, custom, usage, course of performance or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Without limiting the foregoing, except for warranties expressly stated in this agreement, the Company and its licensors, affiliates, agents, subcontractors, and suppliers do not warrant and expressly disclaim any representation or warranty that the Sales Machine Framework or other deliverables provided by or on behalf of Company will satisfy the Customer’s requirements or that their use or operation will be error or defect-free or uninterrupted or available, or that all product defects, errors or omissions will be corrected. Except for warranties expressly stated in this agreement, the Sales Machine Framework, including all content, is provided “as is,” with all faults and without any guarantees regarding quality, performance, suitability, timeliness, security, durability, integrability or accuracy, and the Customer accepts the entire risk of and responsibility for selection, use, quality, performance, suitability and results of use thereof, including all content generated through use thereof.

Limitations on Liabilities. In no event or any circumstances whatsoever shall any Party be liable for lost profits or other incidental or consequential, indirect, special, exemplary or punitive damages, even if such Party had been advised of the possibility of such damages or if they were otherwise foreseeable. Each Party’s total liability for tort, contract and other damages shall not exceed the total amount of all Monthly Subscription Fees as defined on Exhibit B paid to the Company by the Customer in the twelve months immediately preceding the date upon which a claim is first asserted, less aggregate damages previously paid by such Party under this agreement. Neither party shall be liable for any claim or demand against the other Party by any third party except for the indemnification outlined in Section 5. These limitations of liability shall apply to all claims against each Party in the aggregate (not per incident) and, together with the disclaimer of warranties, shall survive the failure of any exclusive remedies provided in this agreement.

Disclaimer

Exclusions and Limitations

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

Excludes all representations and warranties relating to our websites and its contents or which is or may be provided by any affiliates or any other third party, including about any inaccuracies or omissions in our websites and/or the Company’s literature; and
Excludes all liability for damages arising from or concerning your use of our websites. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the ordinary course of things, or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the Company’s express written consent. The Company does not warrant that the service from this site will be uninterrupted, timely or error-free, although it is provided to the best of its ability. Using this service, you indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, our web servers automatically log standard access information for systems administration, detecting usage patterns and troubleshooting purposes, including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links from our websites

We do not monitor or review the content of other third-party websites linked to our website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us, and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for these sites’ privacy practices or content. We encourage our users to be aware when they leave our sites & to read the privacy policies of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through it yourself before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Termination; Expiration of Service Term

Termination for Default: Either party may terminate this Agreement on 14 days’ notice to the other Party in the event of a breach of any provision of this Agreement by the other Party, including, in particular and without limitation, failure to make payments hereunder when due, provided that, during the 14 days, the breaching Party fails to cure such breach.

14 Days Termination: Either party may terminate this Agreement at 14 days’ notice to the other Party.

Effect of Termination: Upon the termination hereof, (1) the Company’s obligations to provide the service shall terminate, and (2) the Customers’ obligations to make payments which have not yet come due hereunder shall terminate, except as otherwise may be outlined in the payment terms.

Miscellaneous

Entire Agreement: This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements and understandings related to the subject matter hereof. No prior agreement, understanding, statement, allegation, advertisement, brochure, utterance or thought in any form, however, expressed or unexpressed, can or shall be used to modify, simplify, or aid in the interpretation of the provisions of this Agreement. There are no penumbras or emanations related to the subject matter hereof.

Amendment and Waiver: This Agreement cannot be modified except by a written agreement entered into after the date of this Agreement that all Parties shall have executed and which identifies itself as an amendment hereto. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of any Party, but only by an instrument in writing of such Party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision hereof or of the same provision on another occasion.

Construction: Each provision contained herein shall be construed (absent express provision to the contrary) as independent of each other provision contained herein so that compliance with any one provision shall not (absent such an express contrary provision) be deemed to excuse compliance with any other provision. Where any provision herein refers to an action to be taken by any person or which such person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such person. References to an Attachment, Exhibit or Schedule are unless otherwise specified, to an Attachment, Exhibit or Schedule attached to this Agreement; and references to Sections are, unless otherwise specified, references to Sections of this Agreement. The titles to the Sections of this Agreement are solely for the convenience of the parties. They shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement.

Severability: Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall (to the full extent permitted by law) not invalidate or render unenforceable, such provision in any other jurisdiction.

Independent Contractors: The Parties are independent contractors, and neither Party is an agent of the other for any purpose or has the authority to bind the other.

Third-Party Beneficiaries: This Agreement does not create third-party beneficiary rights in any individual or entity.

Governing Law: This Agreement shall be construed and enforced following, and the rights of the parties shall be governed by, laws of India and the State of Gujarat, excluding choice-of-law principles of the law of such state that would require the application of the laws of a jurisdiction other than such state.

Assignment: Consent is not required for an assignment of this Agreement in connection with a sale or other disposition of substantially all the assets of the assigning party’s business. Subject to the foregoing, this Agreement binds the successors and assigns of the Parties.

Right To Use Logo: The customer agrees to let Marastu® use their organisation’s logo in Marastu’s customer list, marketing material and at other places on its website including but not limited to www.marastu.com

Arbitration

Agreement to Arbitrate: In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the Parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate in good faith and, recognising their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within 60 days, then, except as provided in other Sections, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the Indian Arbitration and Conciliation Act, 1996. All hearings will be held in Ahmedabad and shall be conducted in English. The parties shall each appoint an arbitrator who shall then appoint a sole arbitrator to preside over the Arbitration proceedings.

Confidentiality: Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties, except to the extent necessary to enforce the award in courts and judicial bodies of competent jurisdiction.

Jurisdiction: This Agreement shall be governed in all respects, including validity, interpretation and enforcement, by the Laws of India. Any dispute between the Parties regarding this agreement shall be submitted to the exclusive jurisdiction of the competent courts of Ahmedabad, Gujarat.

Communication

All communications hereunder or in connection herewith will be in writing. Communications may be delivered by personal service, courier-certified postal mail, Indian post or email. They shall be deemed effective when delivered to the address set forth below or the recipient’s last known address. Communications delivered other than as provided herein shall have no effect.

We have several different email addresses for different queries. These, & other contact information can be found on our Contact Us on our website.

Marastu Martech Private Limited is registered in India, with a mailing address at C-507, Level 5, Dev Aurum Commercial Complex. Prahladnagar, Ahmedabad, Gujarat, India – 380015.

Reproduction

This Agreement and all documents relating hereto may be reproduced by any reasonable means. Any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original exists and such reproduction was made in the regular course of business). Nothing in this Section shall prohibit any party from contesting the accuracy or fidelity of any such reproduction.

Non-Hire

Each Party agrees not to actively solicit and hire any employees or contractors of the other Party who have directly or indirectly been involved in the Services under this Agreement without the prior written consent of such Party. Each Party’s obligations in this Agreement shall continue for two years after termination without regard to conflict of law principles.

Execution in Counterpart

This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which constitute one instrument. This Agreement and all associated documents and agreements may be executed electronically.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party, including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall inform the other Party of the same and use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

General

The laws of India govern these terms and conditions. By accessing our website, using our services, and/or buying our products, you consent to these terms and conditions and the exclusive jurisdiction of the Ahmedabad courts in all disputes arising from such access. Suppose any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to, the exclusions and limitations set out). In that case, the invalid or unenforceable provision will be severed from these terms, and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit, and your continued use of the site and our services will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made via email. Suppose there are any changes in how we use our site Customers’ Personally Identifiable Information. In that case, notification by e-mail or postal mail will be made to those affected by this change.

Effective Date

This Agreement is effective when you use our website and services and sign up with us. By using our websites and/or signing up with us, you agree to our Terms of Service.