MACHIVA Solutions PVT Ltd. provides this service to you, subject to the following Terms of Service Agreement ("TOS") that may be updated by us from time to time without notice to you. In addition to this, you shall be subject to the operating rules / policies applicable to the membership plans on Machiva.com which may be posted from time to time.
Machiva.com ("MACHIVA", "we", or "us") provides this web site (the "Site") to provide information, recommendations and Virtual Assistant services (the "Services"). The term 'Remote' to indicate anything that can be handled through the Internet, phone, email or fax.
The terms, conditions and guidelines associated with use of the Services, the Site and any content (collectively, the "Content") available on the Site are set forth in this Terms of Service Agreement ("TOS"). Please read this TOS carefully before you use the Services or the Site. By using the Services or the Site you ("you" or "your," as appropriate) agree to abide by the terms, conditions, and guidelines set forth in this TOS.
Except as is provided in the MACHVA privacy policy, MACHIVA may update or change this TOS from time to time without notice. Such changes will be effective on the date that such modified TOS is posted on the Site, which is located at Terms of use. Use of the site or services after such changes have taken effect constitutes acceptance of all changes.
Please also note that if MACHIVA determines at any time that you have abused or violated any of these terms, conditions and guidelines, MACHIVA reserves the right to terminate your access to the Site and Services immediately without notice.
The Virtual Assistant's comments and recommendations presented on the Site or through email or on phone or through fax, are based on research and opinions collected by the Virtual Assistants, and are indicative and subject to change at any time.
You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify MACHIVA of any unauthorized use of your user name and Password or any other breach of security related to the Site. MACHIVA will not be liable for any loss or damage arising from your failure to adequately safeguard your username and/or password or to otherwise comply with this section.
The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a services agreement with MACHIVA or one of its distributors. Without limiting the foregoing, the Services and the site are not available to individuals under the age of eighteen (18). If you do not qualify, you may neither use the Services nor the Site.
MACHIVA knows how important privacy is to you and is committed to honoring your privacy. You can review MACHIVA's privacy policy, which is incorporated by reference into this TOS, at Privacy In order to ensure that MACHIVA is able to provide high quality services that have response to customer needs, MACHIVA employees may need to access your accounts, card information on a regular basis and pertinent records on a case to case basis to investigate complaints or other allegations or abuses. MACHIVA shall not disclose the existence or occurrence of such an investigation unless required by law.
Some of the links on the Site may allow you to leave MACHIVA.com Site. Third-party sites to which the Site may link ("Third-Party Linked Sites") are not in any way under MACHIVA's control, and MACHIVA Does not assume any responsibility or liability for any information, content, communications, services, goods or other materials available on such third-party linked sites or for any changes or updates to such sites. MACHIVA does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only.
The site including, all third party linked sites and all services, content and materials provided in the site, are provided to you on an "As is, with all faults" basis, and your use of such sites, services, content and materials is at your own risk. MACHIVA disclaims all warranties whether express or implied including without limitation to the warranty of merchantability, fitness for particular purpose, title, infringement, and quiet enjoyment.
In no event will MACHIVA and/or, any of its partners, providers, affiliates, including their respective officers, directors, employees or representatives, be liable for any indirect, incidental, special, consequential, reliance, compensatory, or punitive damages or damages resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the site. The services available on the site, any websites linked to the site, the materials or information contained at the site or the foregoing limitations of liability constitute a fundamental basis of this TOS and MACHIVA would not have permitted you to use the site or the services absent such limitations.
As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to
MACHIVA, in its sole discretion may terminate the Services and access to this Site at any time without prior notice to you. In the event of termination, the Links to Third-Party Sites, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws and General Terms Sections set forth in this TOS shall still survive. Users who violate this TOS may additionally incur criminal and/or civil liability. MACHIVA may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
Software: You acknowledge and agree that the Service and any software used in connection with the Service ("Software") contain proprietary rights and confidential information that is protected by applicable intellectual property and other associated laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the web interface or via email or telephone / fax access numbers that may be provided by MACHIVA for use in accessing the Service.
You agree to indemnify, defend at your expense and hold harmless to MACHIVA, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents (if any), from all and any third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to
All notices to a party shall be in writing and shall be made either via e-mail or fax. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, to you at the address provided by you upon registration and to MACHIVA at the address set forth below
MACHIVA Solutions PVT LTD
#62, 4thCross, Bhattra Halli, K R Puram, Bangalore, Karnataka, India 560049.
USA: +1 303 952 0245 ; IND:+918792278535
Attn.: Chief Operating Officer
MACHIVA reserves its right to change, suspend or discontinue any aspect of the Services in part or in whole at any time, including the availability of any of the Site features, delivery services, databases or its Content thereof. MACHIVA may also impose limits on features or restrict access to all or certain parts of the Site.
You agree and submit yourself to the jurisdictional statutes and laws of India, without regard to the conflicts of law principles, will govern all matters relating to this TOS or to your use of the Site. MACHIVA makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal or prohibited. Those who choose to access the Site shall be doing so on their own initiative and shall be solely responsible for compliance with their local laws.
You agree and submit yourself to the jurisdictional statutes and laws of India, without regard to the conflicts of law principles, will govern all matters relating to this TOS or to your use of the Site. MACHIVA makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal or prohibited. Those who choose to access the Site shall be doing so on their own initiative and shall be solely responsible for compliance with their local laws. This Agreement is in person to person basis and is non-transferable, and you may not assign your rights or obligations to any third party on your behalf.
If any provision(s) of the TOS is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. MACHIVA's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes 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. Any waiver of any provision of the TOS will be effective only if unambiguously made in writing and signed by MACHIVA.
