Terms and Conditions
ENTIRE AGREEMENT
These terms and
conditions(("Terms",
"Terms and Conditions", "Terms of use” ) are the entire
agreement between the user( “Customer”, “Client”, ”you”, ”your”) and TATASTAR
(HONGKONG) LIMITED (“Company”, “We”, “Us” or “Service”) and supersede any prior
understandings or agreements (written or oral).
ACCEPTANCE OF THE TERMS
OF USE
These
terms & conditions govern you the permitted usage of ByteBridge
websites and services operated. If you disagree with any part of the terms then
you may not access the Service. Please read this document thoroughly before
using the websites and services.
UPDATE
These
terms shall be revised and updated from time to time. All changes are effective
immediately when we post them, and apply to all access to and use of the Website
thereafter.
Your
continued use of the Website following the posting of revised Terms&
Conditions means that you accept and agree to the changes.
WEBSITE ACCESS LICENSE
TATASTAR
(HONGKONG) LIMITED hereby grants you a non-exclusive, non-transferable,
worldwide right to access and use ByteBridge websites
and services, solely with supported browsers through the Internet for your own
internal purposes, subject to the Terms& Conditions.
Subject
to any specific exceptions or permissions granted by TATASTAR (HONGKONG)
LIMITED to any individual users, these Terms shall apply to all users to the
extent indicated. If you are accepting these Terms on behalf of a Company or
anybody corporate then you represent that you have the authority to represent
them and are duly authorized to use the services and provide information and
data to us. You warrant that you will use the dashboard for legitimate, legal,
and valid purposes that do not violate any applicable laws or our policies.
The
following persons do not and shall not have permission to use or access the
services:
Minors or persons who
cannot enter into a contract;
Persons not legally
eligible to enter into a contract;
Any individuals,
associations, or people who have been denied access to the dashboard or have
breached these terms;
Any person who is so
identified by TATASTAR (HONGKONG) LIMITED;
Any person who does not
accept these Terms;
Any person who has used
or attempted to use the Terms for any act prohibited by law;
Any person who affects
the integrity of the services;
ACCOUNT
If
you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. You may not assign or otherwise transfer your account to any other
person or entity. You acknowledge that TATASTAR (HONGKONG) LIMITED is not
responsible for third party access to your account that results from theft or
misappropriation of your account.
We
don’t knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use TATASTAR
(HONGKONG) LIMITED only with permission of a parent or guardian. You are
responsible for any and all account activity conducted by a minor on your
account.
TATASTAR
(HONGKONG) LIMITED reserves the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
INTELLECTUAL PROPERTY
RIGHTS
The
Service and its intellectual property rights, such as but not limited to the
rights in relation to the use, for any purpose, of any information, image, user
interface, logos, trademarks, trade names, Internet domain name are and will
remain the exclusive property of TATASTAR (HONGKONG) LIMITED and its licensors.
Our trademarks and trade dress may not be used in connection with any product
or service without the prior written consent of TATASTAR (HONGKONG) LIMITED.
TATASTAR
(HONGKONG) LIMITED claims no right in intellectual property on the data that
clients upload or store on the dashboard, our servers, or otherwise process
through the platform except as set out hereafter. Other than these exceptions,
all rights, titles, and responsibility with respect to the data shall remain
yours and TATASTAR (HONGKONG) LIMITED claims no right or liability with respect
to the same.
Customer
grants to Company a non-exclusive license to use, copy, store and adapt (for
technical purposes) the Customer Data for the performance of the Agreement,
subject to additional conditions depending on whether the Customer Data are
Public or Private Customer Data.
MONITORING AND
ENFORCEMENT; TERMINATION
Anything
you post, upload, share, store, or otherwise provide through the Services is
your “User Submission.
Customer
alone shall have the responsibility for the accuracy, quality, integrity,
legality, reliability, appropriateness and intellectual property ownership or
right to use of all Customer Data.
These
content standards apply to use of Interactive Services. User must in their
entirety comply with all local laws and regulations. Without limiting the
foregoing, User must not upload or store the data as below:
Any Personal Data to
which you do not have the right, license, and permission;
Contain any material
which is hateful, discriminatory, racist, libelous, defamatory, abusive,
pornographic, or threatening;
Infringe any patent,
trademark, trade secret, copyright or other intellectual property or other
rights of any other person;
Violates any law or
regulation, including, without limitation, any applicable export control laws;
Be likely to deceive any person;
“Crawls,” “scrapes,” or
“spiders” any page, data, or portion of or relating to the Services or Content
(through use of manual or automated means);
Promote any illegal
activity, or advocate, promote or assist any unlawful act.
Cause annoyance,
inconvenience or needless anxiety or be likely to upset, embarrass, alarm or
annoy any other person;
Impersonate any person,
or misrepresent your identity or affiliation with any person or organization;
Give the impression
that they emanate from or are endorsed by us or any other person or entity, if
this is not the case;
We
reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
LINKS TO OTHER WEB
SITES
Our
Service may contain links to third-party web sites or services that are not
owned or controlled by TATASTAR (HONGKONG) LIMITED. If you decide to access any
of the third party websites linked to this Website, you do so entirely at your
own risk and subject to the terms and conditions of use for such websites.
FEE
We
offers a transparent and standardized pricing for our services. Pricing will be
based on the number of tasks that needs to be completed. Please check our price
chart for more details. After your project begins, a portion of the payment
will be pre-authorized, however, actual payments will be processed only when
downloadable data (completed tasks) is produced.
Payment
= ∑ (Downloadable data files x price per task)
FREE CREDIT AND PAYMENT
When
you start your first project, you will be required to sync your credit card to
your account for verification. Once you sync your credit card, you will be
provided a $50 credit. When you start your project, the $50 credit will be used
up first. Thereafter, depending on your project scale, a certain amount of
payment will be pre-authorized (minimum: $50) where the charge will be actually
processed when downloadable data is produced.
When
you provide bank card information, account numbers, or other information
necessary to facilitate payment to us, you represent to us that you are the
authorized user of the bank card that is used to pay for the products and
services.
In
the event legal action is necessary to collect on balances due, you agree to
reimburse TATASTAR (HONGKONG) LIMITED for all expenses incurred to recover sums
due, including attorneys’ fees and other legal expenses.
You
are responsible for purchase of, and payment of charges for, all Internet
access services and telecommunications services needed for use of the Website
or Services.
You
understand that we will hold and store such bank card or payment information to
facilitate payment and deposit, damage reimbursement, and other liability
purposes.
REFUND POLICY
BALANCE
REFUND
The
amount which is pre-authorized from your credit card but not used up during
your project will remain in your account as balance. You can apply for a refund
of this remaining balance through Apply for a refund at any time. The refund
may take up to 3 business days and will be issued to your registered credit
card.
Note1:
When you apply for a refund, your ongoing project will be automatically suspended
and the fees for the completed tasks will be processed as payment.
Note2:
The $50 free credit is nonrefundable.
PAYMENT
REFUND
The
dashboard and website does not support automatic refunds for processed
payments. If you have questions or complaints about the data quality that you
received, please contact the team. We will review your case within 3 business
days. Once it is confirmed that your data is invalid, the corresponding amount
will be refunded back into your account balance. To refund this balance back
into your credit card, please read Balance refund above.
SECURITY AND
PERFORMANCE
As
a user of the dashboard, you undertake not to do any act or omission that would
restrict the performance, hamper the security or in any manner compromise the
integrity or security of the dashboard or anything associated therewith. You
undertake to ensure and represent that your workstation, desktop, computer,
mobile, or any object you use to access or operate the services is free of any
malware, viruses, corruption, or other security risks and bear the
responsibility for the same.
While
we aim to keep the dashboard downtime at a minimum, the platform will from
time-to-time be inaccessible for updates or maintenance. We will attempt to
provide due notice for the same in advance but in case of emergent cases, there
may be no notice.
You
also undertake to not copy, reverse-engineer the services, including any
graphical presentation, user interface, or workflow in any manner. You further
undertake not to use the services or any part thereof or any data from usage of
the services to create, build, author, or modify any software or work similarly
to the services or any part thereof.
CONFIDENTIALITY
Either
Party may disclose (the “Disclosing Party”) Confidential Information to the
other (the “Receiving Party ”).
The
Receiving Party will make its best effort
to take reasonable
precautions, but in no instance less precautions than the Receiving Party takes
with respect to its own Confidential Information, to protect such Confidential
Information and to maintain the security, secrecy and integrity thereof;
to promptly notify the
Disclosing Party of any misuse, misappropriation or unauthorized disclosure of
Confidential Information of Discloser which may come to the Receiving Party’s
attention;
not to use (except in
performance of the Services or as otherwise permitted herein) or divulge to any
third person any such Confidential Information;
Upon
termination Receiving Party shall delete all Confidential Information disclosed
by Disclosing Party. We reserves the right to keep Confidential Information for
the sole purpose of improving its Services and executing its Business. Company
warrants that it will take appropriate and necessary measures to prevent the
disclosure or any use of identifiable Confidential Information belonging to
Customer.
DISCLAIMER
TATASTAR
(HONGKONG) LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
NOTWITHSTANDING
ANYTHING TO THE CONTRARY, TATASTAR (HONGKONG) LIMITED AND ITS OFFICERS,
AFFILIATES, REPRESENTATIVES, AGENTS, CONTRACTORS, AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR
RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY:
(A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF
DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS
OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND TATASTAR (HONGKONG) LIMITED’S
REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS
ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO TATASTAR
(HONGKONG) LIMITED FOR THE SERVICES UNDER THIS AGREEMENT.
INDEMNIFICATION
You
agree to defend, indemnify and hold harmless the Company, its affiliates,
licensors and service providers, and its and their respective officers, such as
but not limited to directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including
reasonable attorneys’ fees) arising out of or relating to your violation of
these Terms of Use or your use of the Website, including, but not limited to,
your User Contributions, any use of the Website’s content, services and
products other than as expressly authorized in these Terms of Use or your use
of any information obtained from the Website.
GOVERNING LAW AND
JURISDICTION
These
Terms shall be governed by the laws applicable in Hong Kong. The arbitration
shall be submitted to the Grand Court of the Hong Kong. The decision and awards
of the arbitration shall be final and binding upon the parties hereto.
PUBLICITY
You
agree that we may identify you as a customer in our promotional and marketing
activities and on our website.
FORCE MAJEURE
Neither
TATASTAR (HONGKONG) LIMITED nor you shall be responsible for damages or for
delays or failures in performance resulting from acts or occurrences beyond
their reasonable control, including, without limitation: fire, lightning,
explosion, power surge or failure, water, acts of God, war, revolution, civil
commotion or acts of civil or military authorities or public enemies: any law,
order, regulation, ordinance, or requirement of any government or legal body or
any representative of any such government or legal body; or labor unrest,
including without limitation, strikes, slowdowns, picketing, or boycotts;
inability to secure raw materials, transportation facilities, fuel or energy
shortages, or acts or omissions of other common carriers.
MISCELLANEOUS
If
any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be severed and the remaining provisions shall be enforced. You
may not assign or transfer any of your rights or obligations under this
Agreement. TATASTAR (HONGKONG) LIMITED’ failure to act with respect to a breach
by you or others does not waive its’ right to act with respect to subsequent or
similar breaches.
We
don’t guarantee that it will take action against all breaches of the provisions
of this Agreement. This Agreement set forth the entire understanding and
agreement between you and TATASTAR (HONGKONG) LIMITED with respect to its
subject matter.
CONTACT US
This
website is operated by TATASTAR (HONGKONG) LIMITED.
If
you have questions about terms and conditions, please contact us at:
Company
name: TATASTAR (HONGKONG) LIMITED
Name: Brian Cheong
Telephone: +86 10 53673971
Email: [email protected]