Terms & Conditions

1. Definitions

The iTrafficCop website (“Website”) is owned and operated by Perseverance IT Solutions, Pvt. Ltd., whose contact details can be found here. The terms “Perseverance IT Solutions, Pvt. Ltd.”, “we”, “us”, “our” and “ours” when used in these Terms of Use mean Perseverance IT Solutions, Pvt. Ltd. which includes its subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and designees under common ownership or control of Perseverance IT Solutions, Pvt. Ltd. The terms “you”, “your” and “yours” when used in these Terms of Use mean any user of this Website.

2. Agreement

Access to and use of this Website and the information, materials, products and/or services available through this Website are subject to all applicable laws and regulations and to these Terms of Use (which incorporate both our Privacy Policy here and Disclaimer here. By accessing this Website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please do not use this Website. These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.
Access to this website (or portions thereof) and the use of information, materials, products or services provided through this website (or portions thereof), is not intended, and is prohibited, where such access or use violates applicable laws or regulations.
You also agree
not to use the Website to distribute computer viruses or other malicious code or to attempt any unauthorised access to any; not to cause the whole or part of the Website to be interrupted, damaged, rendered less efficient or to impair the effectiveness or functionality of the Website in any way; and not to access, without authority, or interfere with, any part of our Website or any software used in the provision of our Website.

3. Registration.

You may be given the opportunity to register via an online registration form to create a user account (“Your Account”) that may allow you to receive information from iTrafficCop and/or to participate in certain features on the Site such as certain interactive areas. iTrafficCop will use the information you provide in accordance with the iTrafficCop Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or user name. You acknowledge and agree that iTrafficCop may rely on this password or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms of Use.

4. Intellectual Property

Unless otherwise indicated, the contents of this Website (including, without limitation, all names, logos, trademarks, the Website design and its ‘look and feel’, text, documents, content, selection and arrangement of elements, databases, organisation, graphics, photographs and images, compilation, magnetic translation, digital conversion, computer codes contained in the Website) (“Elements”) are owned by Perseverance IT Solutions, Pvt. Ltd. or its licensors and are protected by copyright, trademarks, database right and other intellectual property rights. You must not use any such Elements in any way other than is incidental to your use of our Website in accordance with these Terms of Use. The posting of any such Elements on this Website does not constitute a waiver of any right in such Elements and your access and use of this Website will not operate to transfer any rights in such Elements to you other than as expressly stated in these Terms of Use. Except as otherwise provided herein, none of these Elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. The iTrafficCop logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks and/or trade dress of Perseverance IT Solutions, Pvt. Ltd. (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You agree not to display or use the Marks in any manner (whether for linking, framing or otherwise) without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as expressly permitted herein, is strictly prohibited. You may print one copy, and may download extracts, of any page(s) from this Website for your own personal, non-commercial use only, provided you keep intact all and any copyright and proprietary notices. Any other use of the Elements is not allowed, unless we have provided you with our prior written permission. Any rights not expressly granted herein are reserved.

5. Hyperlink Disclaimer

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons (“third party website”). An advertisement of, or link to, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites. Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. Please ensure that you familiarize yourself with all rules, policies (including privacy policies) and operating procedures of such websites which may apply to you when accessing such websites.

6. Links from other websites

You may link to this Website, but solely in accordance with the terms of our Terms of Use. Notwithstanding authorisation to link to our Website, linking to any page other than our Website’s home page is prohibited. Persons providing access to this Website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning Perseverance IT Solutions, Pvt. Ltd. Authorisation by us to link to this website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website at any time and for any reason.

7. No warranties

Whilst we take all reasonable care in the creation, selection and assembly of the material, this site is provided on an “as is,” “as available” basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, Perseverance IT Solutions, Pvt. Ltd., its affiliates, service providers and licensors disclaim all warranties, express, implied, statutory or otherwise. Without limiting the foregoing, Perseverance IT Solutions, Pvt. Ltd., its affiliates, service providers and licensors do not represent or warrant to you or your company and Perseverance IT Solutions, Pvt. Ltd., its affiliates, service providers and licensors hereby disclaim (a) all warranties of merchantability, fitness for a particular purpose, title and non-infringement; (b) warranties relating to delays, interruptions, errors, or omissions in the operation of this site or any part of it; (c) warranties relating to the transmission or delivery of this site or its availability at any particular time or location; (d) warranties relating to the use, validity, accuracy, currency or reliability of, or the results of the use of this site or any information published on this site; and (e) warranties relating to websites to which this site is linked. Any material obtained by you through use of the Website is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or any loss of data that results from obtaining the material. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this website or any website with which it is linked. We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.

8. Exclusion of liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the access to and use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Perseverance IT Solutions, Pvt. Ltd., its affiliates, service providers and licensors under such circumstances for liabilities that otherwise would have been limited. We do not seek to exclude or limit liability for fraudulent misrepresentation. Nothing in these website terms of use shall be construed as an attempt to exclude our liability for death or personal injury arising from our negligence.

9. Indemnity and release

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including reasonable legal fees, related to your breach of these Terms of Use, the infringement by you of any intellectual property or other right of any person or entity, or any other liabilities arising out of your use of this Website or any of the information, materials, products or services available through this Website.

10. Modification and discontinuation

We reserve the right at any time and from time to time, without notice and in our sole discretion, to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) and/or to terminate your account and/or to block your use of the Website. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, discontinuance or termination of this Website.

11. Entire understanding

These Terms of Use, which include our Disclaimer and Privacy Policy, comprise the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to these Terms of Use. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.

12. Waiver

Perseverance IT Solutions, Pvt. Ltd.’s failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Perseverance IT Solutions, Pvt. Ltd. of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

13. Data protection consent

By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Policy and Disclaimer and that you agree with it. With the exception of personal data and material (as defined in our Privacy Policy), the submission of which is subject to our Terms of Use), any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary, unless stated otherwise. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our Privacy Policy. Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited or which we in our sole discretion consider unacceptable (whether for ethical reasons or otherwise). Notwithstanding the foregoing, all personal data provided to us as a result of this Website will be handled in accordance with our Privacy Policy.

14. Access to the Site and damage to its integrity

You expressly agree not to use any software or manual procedure to copy iTrafficCop Web pages or to record or collect any information disclosed on these pages without Perseverance IT Solutions, Pvt. Ltd.’s prior written consent. You expressly agree not to use any sort of device or software in order to disturb the good operation of the iTrafficCop Website. You expressly agree not to act in a way which would disproportionately overload its infrastructure. You agree not to use the Website to distribute computer viruses or other malicious code or to attempt any unauthorised access to any part or component of the Website, not to cause the whole or part of the Website to be interrupted, damaged, rendered less efficient or to impair the effectiveness or functionality of the Website in any way, and not to access, without authority, or interfere with, any part of our Website or any software used in the provision of our Website.

15. Law & Jurisdiction

The website is controlled by Perseverance IT Solutions, Pvt. Ltd. from its office in A-8, Sector-68, Noida, U.P. India. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in other locations outside India. You agree that the laws of India shall govern these Terms of Use. You consent to the non-exclusive jurisdiction of the Uttar Pradesh courts. We retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.

16. Notification of Copyright Infringement

iTrafficCop may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website, send iTrafficCop a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit iTrafficCop to contact you, such as your physical address, phone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. iTrafficCop’s contact for notice of claims of copyright infringement can be reached as follows: Perseverance IT Solutions, Pvt. Ltd.; A-8, Sector-68, Noida, U.P., India- 201301

17. Take Down Policy

iTrafficCop reserves the right to remove any material or contribution posted on the Site, if having received notice of a complaint it reasonably believes that such material or contribution is unlawful, threatening, libelous, defamatory, obscene or pornographic. If you believe that a contribution or material on the Site is in any way unlawful, threatening, libelous, defamatory, obscene or pornographic, please send iTrafficCop a notice containing; (i) a description of the material or contribution; and (ii) a description of where the material or contribution is posted or located on the Site.

18. Contacting us

If you have any questions regarding these Terms of Use or any other matter, you may contact us by e-mailing us at info@itrafficcop.in.