1. Your Acceptance
2. MarkTeQ WMS Service
These Terms of Service apply to all users of the MarkTeQ WMS Service. Information provided by our users through the MarkTeQ WMS Service may contain links to third party websites that are not owned or controlled by MarkTeQ. MarkTeQ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MarkTeQ will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that MarkTeQ shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. MarkTeQ WMS Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide MarkTeQ with your mobile phone number and other personal and company contact information. You expressly acknowledge and agree that in order to provide the Service, MarkTeQ may periodically access your GPS coordinates/ mobile device information to keep track of mobile phone users to satisfy MarkTeQ WMS feature. When providing your mobile phone number, other personal and company details, you must provide accurate and complete information. You hereby give your express consent to MarkTeQ to access your GPS coordinates/ mobile device information in order to provide and use the Service. You must notify MarkTeQ immediately of any breach of security or unauthorized use of your mobile phone. Although MarkTeQ will not be liable for your losses caused by any unauthorized use of your account even after enough security measures has been provided, you may be liable for the losses of MarkTeQ or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request services to the MarkTeQ WMS servers in a given period of time than a human can reasonably produce in the same period by using a MarkTeQ WMS application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, MarkTeQ WMS grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials or other private documents/information. MarkTeQ reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by MarkTeQ WMS clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the MarkTeQ WMS Service along with MarkTeQ created text, scripts, graphics, interactive features and the trademarks, service marks and logos are owned by or licensed to MarkTeQ, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. MarkTeQ reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution for any commercial purposes.
5. User Task/ Documents/ Photos/ Notes Data Submission
A. The MarkTeQ WMS Service allows MarkTeQ WMS users to submit work details, documents, photographs, audio recording, and other communications submitted by you, as well as the automatic submission of your GPS coordinate (collectively, the "GPS Submissions"). These GPS Submissions may be hosted, shared with limited group of users as a part of MarkTeQ WMS service, and/or published privately to group of users as part of the MarkTeQ WMS Service, and may be visible to other users who have a rights to see the location. MarkTeQ WMS will not be liable of any lose of data stored on MarkTeQ WMS servers, we have a backup system which secures tasks the data but documents/photos/recordings currently will not be backup by MarkTeQ WMS.
B. Adult content must be identified as such. MarkTeQ WMS does not access your data, if any feedback or complain from any clients of MarkTeQ WMS, MarkTeQ WMS will take that request into consideration and will have rights to access the and remove improper content from the software.
C. Any Scripts/ harmful content for MarkTeQ WMS submitted by any of the users will be blocked in our system, account will be re-activated only after written acknowledgement that such activity will not be performed again.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MARKTEQ WMS SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKTEQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MARKTEQ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MARKTEQ WMS SERVICE. MARKTEQ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MARKTEQ WMS SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER TASK SUBMISSION OR OTHER POSSIBLE METHOD, AND MARKTEQ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT MARKTEQ SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by MarkTeQ from its facilities in the India. MarkTeQ makes no representations that the MarkTeQ WMS Service is appropriate or available for use in other locations. Those who access or use the MarkTeQ WMS Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless MarkTeQ, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MarkTeQ WMS Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the MarkTeQ WMS Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MarkTeQ without restriction.