Buy signing up for site membership or making a purchase on IndiaGstarCAD e-store you agree to accept the following terms & conditions:
IndiaGstarCAD is an India specific website for sale and promotion GstarCAD products developed by Gstarsoft.
This is an agreement between You (Site Member) and IndiaGstarCAD (Accelty Techsolutions LLP).
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
IndiaGstarCAD offers free membership to all individuals/company representatives to create an account.
IndiaGstarCAD grants you a non-exclusive, non-transferable, revocable access and use our Website in order for you to make purchases of software (electronic downloads) and related services through our Website, strictly in accordance with our Legal Terms.
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Note: Membership benefits can be changed without prior intimation at anytime at the sole discretion of IndiaGstarCAD.
Copyrights and Trademarks:
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by IndiaGstarCAD/GstarSoft. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. IndiaGstarCAD aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of IndiaGstarCAD or any of its products, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from IndiaGstarCAD. IndiaGstarCAD prohibits use of any logo of IndiaGstarCAD or any of its affiliates as part of a link to or from any Website unless IndiaGstarCAD approves such link in advance and in writing. Fair use of IndiaGstarCAD’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Postings on our Website are made at such times as IndiaGstarCAD determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. IndiaGstarCAD does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Purchase and License Delivery Terms:
E-store is available only for customers based in India and the pricing is in INR
You understand that we offer software as electronic download, and you accept our Shipping and Refund Policy stated here under:
Electronic Delivery: The software and the license will be delivered electronically over email.
Delivery Time: The e-delivery would be done within 3 working days after successfully receiving the payment in full.
Order once placed cannot be cancelled/refunded/returned.
Any exception in this regards would be at sole discretion of IndiaGstarCAD (Accelty Techsolutions LLP).
IndiaGstarCAD is committed to protecting Your privacy and letting You know what IndiaGstarCAD will do with Your personal information. IndiaGstarCAD’s Privacy Statement sets forth
(i) how IndiaGstarCAD may collect, use, store and process personal information of or relating to You, and
(ii) how you may request deletion of Your personal information. You acknowledge that You have read and understand the Privacy Statement.
We use your personal data mindfully, and in useful ways, including:
To validate your identity as necessary to perform our contract with you
To deliver you services, products, and support as necessary to perform the contract governing your use of our applications or to communicate with you
To send you important information within the scope of our contract with you
To send you other information you requested, like when someone has "liked" one of your posts, to the extent necessary to perform our contract with you
To send you suggestions, offers, promotions, newsletters, surveys, or other information in furtherance of our legitimate interests or, where needed, with consent
To anonymize, aggregate, or de-identify your personal data so it can no longer identify you
To understand the ways our applications are used and the people using them in furtherance of our legitimate interests or, where needed, with consent
To improve our applications and your experience in furtherance of our legitimate interests (or where needed, with consent), including through the use of automated systems that analyze data using machine learning and other analytic techniques
To improve the security of and troubleshoot our applications, as necessary to perform the contract governing your use of our applications or to communicate with you
To provide promotional offers, advertising or other marketing content relevant to your interests in furtherance of our legitimate interest or, where needed, with consent
To detect, prevent, or otherwise address fraud and software piracy (e.g., to confirm that software is genuine and properly licensed) and to protect you, IndiaGstarCAD, and third parties in furtherance of our legitimate interests.
To enforce the legal terms that govern our applications
To comply with our legal obligations
To protect the rights, safety and property of IndiaGstarCAD, you, or any third party
For other purposes, for which we obtain your consent (where we rely on your consent to process personal data, you may withdraw your consent at any time by contacting us at the contact details below or as otherwise indicated to you in writing)
We disclose the categories of information described above to the following categories of persons:
Our service providers, including vendors, consultants, and other service providers who perform services or functions on our behalf, for business purposes. For example, our service providers include companies who support us with marketing, sales, consulting, communications, software maintenance and support, analytics, social media, market research, license compliance, security, user verification, localization, and payment processing. Our service providers process your information subject to contractual terms that restrict their ability to use your information
Our business partners, such as integration partners, channel partners (e.g., resellers) and IndiaGstarCAD’s App Store publishers, with whom you interact to facilitate your relationship with IndiaGstarCAD and those business partners for any of the purposes described in our or those business partners’ privacy statements
Our affiliates, for any of the purposes and uses of information described in this Privacy Statement, including providing you with integrated products and services (including administering purchases, services, and payments across our integrated products and services) in furtherance of our legitimate interests. You can find a list of IndiaGstarCAD entities here.
Social networking services and platforms through Plugins or when you use our applications to connect with or share information publicly or with your contacts on such services or platforms
Persons to whom we are required by law to provide information, such as pursuant to a subpoena or a court order
Law enforcement, legal counsel, or other reasonably necessary when we have a good faith belief that the disclosure is necessary to prevent or respond to fraud or software piracy, defend ourselves against attacks, or protect the rights, property, and safety of IndiaGstarCAD, our customers, and the public
Persons involved in the consideration, negotiation, completion of a business transaction, including the sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, and any subsequent integration
We may also disclose your personal information to other parties when we have your consent to do so or when you direct us to, for any purposes requested or permitted by you.
We may share aggregate, anonymous, or de-identified demographic, statistical, and other information regarding use of our applications with third parties for marketing and other purposes. Such information will not specifically identify any particular user.
We may change this Privacy Statement to reflect changes in the law, our data handling practices, or the features of our business. If we make material changes to our Privacy Statement, we will endeavor to provide you with notice before such changes take effect, such as through prominent notice on our website or services or by email.
Note: We do not “sell” personal information
IndiaGstarCAD may make available or deliver Offerings (or features of an Offering) labelled or offered as “not for resale,” “free,” “evaluation,” “trial,” “pre-release,” “beta” or another similar designation (collectively, “Trial Versions”). You may download, install, access or use Trial Versions only during the period and for the purpose of the trial, as expressly permitted by IndiaGstarCAD. Except as expressly set forth in the online or other Documentation for the Trial Version or applicable Special Terms,
(i) the subscription period for the Trial Version will be limited to 30 days,
(ii) Your use will be limited to non-commercial evaluation purposes with no rights to make available or distribute the Trial Version to any third party, and
(iii) the use will be only by You as an individual or, if You are a company or other legal entity, by one named employee. Notwithstanding anything contained in these Terms or otherwise,
(a) IndiaGstarCAD makes no commitments with respect to Trial Versions regarding any features, functions, service levels or data and provides no warranties of any kind with respect to Trial Versions,
(b) IndiaGstarCAD may choose not to generally release any Trial Versions or convert any Trial Version into a product offering, and
(c) Trial Versions may contain code that is not fully tested, including errors and faults that may cause total data loss or system failure. Accessing to Trial Versions do not include any other Benefits, and IndiaGstarCAD reserves the right, without any further notice, to end any Trial Versions at any time.
Limitations on use:
The Offerings are tools and are intended only to assist You with Your design, analysis, simulation, estimation, testing and other activities and are not a substitute for Your professional judgment or Your own independent design, analysis, simulation, estimation, testing or other activities, including those with respect to product stress, safety and utility. Due to the large variety of potential applications for the Offerings, they have not been designed or tested for any specific uses, and it is Your responsibility to determine whether the use of an Offering is appropriate for the purposes You pursue. IndiaGstarCAD will not be responsible or liable in any manner whatsoever for the results obtained through use of the Offerings, including any Output. You are responsible for Your (including Your Authorized Users’) use of the Offerings and any results produced by the Offerings, including any Output. Your responsibilities include, without limitation, the determination of appropriate uses for the Offerings and the selection of the Offerings and other computer programs and materials to help achieve Your intended results. You are also responsible for establishing the adequacy of independent procedures for testing the reliability, accuracy, completeness, compliance with applicable legal requirements, and other characteristics of any Output, including, without limitation, all items designed with the assistance of the Offerings. You further acknowledge that the Offerings and Output may not achieve the results You desire within Your design, analysis, simulation, estimation, testing and other constraints.
Offerings are not designed for storage of sensitive personal information
The data storage functionality associated with Offerings is NOT suitable for the storage of any confidential details, credit or debit card numbers, financial account numbers, driver’s license numbers, medical information or health insurance information; data about personal characteristics or other personal information, such as race or ethnic origin, religion or philosophical beliefs, political affiliation or opinions, genetic or biometric data, sexual orientation or trade union membership; or other information that may expose, or pose a risk of harm to, an individual if improperly disclosed or used (collectively, “Sensitive Personal Information”). Except as expressly required by IndiaGstarCAD (for example, a credit card number used to purchase a License), You will not upload or otherwise make available to IndiaGstarCAD any Sensitive Personal Information, including any files containing Sensitive Personal Information, in connection with Your use of any Offering.
Acceptable use of offerings
You will access and use (and permit access to and use of) Offerings only in conformance with (and will comply with) all applicable laws. Except as expressly authorized by these Terms, including any Additional Agreement or Special Terms, or as otherwise expressly permitted in writing by IndiaGstarCAD, You will not:
Reproduce, modify, adapt, translate, port or create derivative works of all or any portion of any Offering, except as expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary;
Sublicense, distribute, transmit, sell, lease, rent, loan or otherwise make available all or any portion of any Offering (including any functionality of any Offering) to a third party or provide any functionality of any Offering to a third party (whether on a service bureau basis or otherwise); and
Access or use any Offering on or through the internet (other than as made available by IndiaGstarCAD through the internet), any wide-area network (WAN) or any other non-local network; on or through any virtual private network (VPN); or on or through any application virtualization technology, remoting virtualization technology, web-hosting, timesharing, software as a service, platform as a service, infrastructure as a service, cloud or other web-based, hosted or similar service.
In addition, You will not:
Remove any copyright, trademark, confidentiality or other proprietary rights notice from any Offering, Documentation or related material;
Remove, disable or otherwise limit the effectiveness of any technical protection used by IndiaGstarCAD to (i) manage, monitor, control or analyze the installation of, access to, or use of any Offering or (ii) protect IndiaGstarCAD’s intellectual property rights;
Post, transmit or otherwise make available using the Offerings any information or material that is or may be:
false, libelous, defamatory, fraudulent or otherwise unlawful or tortious;
threatening, harassing, degrading, hateful or intimidating, or that otherwise fail to respect the rights and dignity of others;
obscene, indecent, pornographic or otherwise objectionable;
protected by copyright, trademark, design rights, trade secret rights, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
a national or state secret, classified information or any other information or material (including any photograph, drawing, plan or model) that is subject to official confidentiality treatment;
secret codes, countersigns, crypto-currency, passwords or other similar information;
advertising, spam, an offer to sell or buy any goods or services, a “chain letter” or any other form of solicitation; or
any malware (such as a virus, worm, Trojan horse, Easter egg, time bomb or spyware) or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, limit the use of, or monitor the use of, any hardware, software or equipment;
Use the Offerings in any way that is fraudulent or otherwise unlawful or tortious, or has any fraudulent or other unlawful or tortious purpose or effect;
Interfere with or disrupt the operation of any Offering or the servers or networks used to make any Offering available, including by hacking or defacing any portion of an Offering;
Attempt to probe, scan or test the vulnerability of any Offering or to breach or circumvent any security or authentication measures used by any Offering;
Use any Offerings as storage for “remote loading” or as a “door” or “signpost” to other web pages or internet resources, whether inside or beyond the sites through which the Offerings are provided;
Impersonate any other individual or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity;
Use the Offerings in connection with any inherently dangerous application, including any application that could result in death, personal injury, catastrophic damage or mass destruction;
Collect content or information, from or with an Offering, using automated means (such as any robot, spider, site search/retrieval application or other device to retrieve, index, “scrape,” or “data mine”);
Use any Offering or the output of any Offering in connection with the training of a neural network or machine learning, deep learning or artificial intelligence system or software;
Unbundle the component parts of any Offering for use separate from each other or on different electronic devices (except as may be expressly permitted in writing by IndiaGstarCAD); or
Use or access Software made available as part of a Web Service separately from the applicable Web Service (except as may be expressly permitted in writing by IndiaGstarCAD).
Warranty, disclaimers, limitations on liability:
IndiaGstarCAD warrants that, for any paid software, the Offering will provide the general features and functions described in the end-user Documentation for the Offering. IndiaGstarCAD’s entire obligation and liability, and Your sole and exclusive remedy, for IndiaGstarCAD’s breach of this warranty will be for IndiaGstarCAD, at its option,
(i) to attempt reasonably to remedy the breach or
ii) to terminate such license.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THE “Limited Warranty” SECTION ABOVE, AND ANY EXPRESS WARRANTIES SET FORTH AS SUCH IN ANY ADDITIONAL AGREEMENT OR SPECIAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (i) THE OFFERINGS ARE PROVIDED “AS IS,” AND (ii) IndiaGstarCAD AND ITS LICENSORS AND SUPPLIERS MAKE, AND YOU RECEIVE, NO WARRANTIES, REPRESENTATIONS, CONDITIONS OR COMMITMENTS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE OFFERINGS OR ANY OUTPUT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT OR OTHER WARRANTIES OR CONDITIONS IMPLIED BY STATUTE, OR ANY WARRANTIES OR CONDITIONS BASED ON A COURSE OF DEALING, USAGE OF TRADE OR INDUSTRY STANDARDS. Any statements about the Offerings (including any statements about their functionality or performance) or Output, or other communications with You, that are not contained in these Terms or any Additional Agreement or Special Terms are for information purposes only and do not constitute a warranty, representation, condition or other commitment. Without limitation as to the generality of the foregoing, IndiaGstarCAD does not warrant or otherwise commit that (a) the Offerings or Output, or the access thereto or use thereof, will be available, uninterrupted, error-free, secure, accurate, reliable or complete, (b) the Offerings will meet any particular performance or availability criteria, (c) Your Content will not be lost or damaged or (d) errors will be corrected or any particular support requests will be resolved to meet Your needs. Any reference to “unlimited” access, use, storage or otherwise with respect to an Offering is subject to the technical limitations of the Offering.
Limitations on liability:
Neither IndiaGstarCAD nor any of its licensors or suppliers will have any liability (directly or indirectly) for any incidental, special, indirect, consequential or punitive damages; loss of profits or revenue; business interruption or loss of use; cost of procurement of substitute goods or services or other cover; failure of or defects in the Output; loss, corruption or deletion of (or failure to delete) data or Your Content; or damages resulting from Force Majeure (in each case, regardless of the legal theory for seeking such damages or other liability). In addition, the aggregate liability of IndiaGstarCAD and its licensors and suppliers with respect to any Offering or Output thereof will in no event exceed the amount paid or payable by You for the Offering in the one-year period before the events or circumstances giving rise to the liability first occurred.
The limitations on liability in these Terms will apply to the maximum extent permitted by applicable law to any damages or other liability, however caused and regardless of the theory of liability, whether based on contract, tort (including negligence and strict liability), indemnification, recourse, statute or otherwise, even if IndiaGstarCAD has been advised of the possibility of the liability and regardless of whether the limited remedies in these Terms fail of their essential purpose.
You acknowledge that the amounts payable for the Offerings are based in part on and reflective of the disclaimers of warranties and limitations on liability in these Terms and that such disclaimers and limitations are an essential element of the bargain between You and IndiaGstarCAD.
Nothing in these Terms purports to restrict or exclude IndiaGstarCAD’s liability for
(i) death or personal injury caused by IndiaGstarCAD’s willful intent or gross negligence or
ii) Your damages or losses caused by IndiaGstarCAD’s fraud.
Relationship to applicable law:
IndiaGstarCAD does not seek to limit Your warranties, Your other rights and remedies, or the liability of IndiaGstarCAD for damages or losses to the extent the limits are not permitted by applicable law (such as statutory warranties, conditions, remedies or liabilities that cannot be excluded by applicable law). Nothing in these Terms restricts the effect of warranties, the liability of IndiaGstarCAD for damages or losses or other terms that cannot be excluded or otherwise modified under applicable law notwithstanding a contractual restriction to the contrary. These Terms give You specific legal rights, and You may also have other legal rights, which vary from jurisdiction to jurisdiction. For example, some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to You.
You will indemnify and hold harmless (and, at IndiaGstarCAD’s request, defend) IndiaGstarCAD against any and all losses, liabilities, expenses (including reasonable attorneys’ fees) suffered or incurred by IndiaGstarCAD by reason of any claim, suit or proceeding (“Claim”) arising out of or relating to
(i) Your Content;
(ii) Your (including Your Authorized Users’) use of Offerings, including any Output or other results produced by such use; and
(iii) Your (including Your Authorized Users’) breach of these Terms (including any Additional Agreement, any Special Terms or any other applicable terms), including a Claim that asserts or purports to be based on IndiaGstarCAD negligence.