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* Terms of use
* Privacy policy
* Version 1.2.18
© Copyright 2021 - Tata Consultancy Services
PRIVACY POLICY AND TERMS OF USE
|
PRIVACY POLICY
Page Title
(Last updated: 16-Oct-2017)
BY ACCESSING AND/OR USE OF THE PLATFORM, YOU AGREE TO COLLECT, PROCESS AND USE
OF PERSONAL INFORMATION BY THE TCS AMERICA AS SET FORTH IN THIS PRIVACY POLICY.
IF YOU DO NOT AGREE WITH THESE PRIVACY POLICY, YOU ARE PROHIBITED FROM USING OR
ACCESSING THE PLATFORM.
TCS AMERICA AT IT'S OWN DISCRETION MAY ALTER, CHANGE, MODIFY, ADD / OR REMOVE
AND / OR OTHERWISE UPDATE / REVISE THIS PRIVACY POLICY FROM TIME TO TIME,
WITHOUT PROVIDING ANY PRIOR NOTIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK FOR
UPDATES AND YOUR CONTINUED USE THE PLATFORM AFTER THE POSTING OF THESE CHANGES
SHALL MEAN YOUR ACCEPTANCE OF SUCH CHANGES.
Capitalized Terms not defined herein shall have their meaning described to in
the Terms of Use of the Platform
This Privacy Policy defines the ways in which the Personal Information of the
user is collected, held and used. A user may be both a Study Doctor and staff at
the study site as well as representatives of a Sponsor of a Clinical Trial that
may visit this Platform.
Information we collect
You shall be able to access and use the Platform via unique user id and password
provided to You by the Sponsor. The user details of authorized user created by
the Sponsor will be stored and used only for the purpose of authentication and
for providing services. We may collect certain information (that is, gathered
without your actively providing the information), using various technologies.
TCS America and our third party service providers passively collect and use
information in a variety of ways.
Via browser: For example: Your Media Access Control (MAC) address, computer type
(Windows or Macintosh), operating system version, and Internet browser type and
version.
IP address: Your IP Address is automatically assigned to the computer that you
are using by your Internet Service Provider. An IP Address is identified and
logged automatically in our server log files whenever a user visits the
Platform, along with the time of the visit and the page(s) that were visited.
TCS America uses IP Addresses only for purposes such as calculating Platform
usage levels, helping diagnose server problems, and administering the Platform.
Cookies: Platform uses HTML 5 Session Storage type cookie. The session storage
is strictly necessary for proper operation of our Platform. It allows us to
ensure the security and efficient delivery of our Platform. The session storage
we set for this purpose is automatically removed from your device when you log
out from the application or close the browser. The session storage cannot be
read or tracked by our servers.
Privacy: Any personal information that TCS America processes on behalf of the
Sponsor when performing its obligations providing Platform services shall be in
accordance with this Privacy Policy, the Parties record their intention that the
Sponsor shall be the data controller and TCS America shall be a data processor
and in any such case:
* You acknowledge and agree that Your personal information may be transferred
or stored outside or accessed from outside the country where the You are
located in order to carry out the services and TCS America's other
obligations under the Sponsor Agreement. The Platform is currently hosted in
the United States of America but may be transferred to another country or
site subject to prior consent via intimation or notice to the Sponsor of such
transfers. Sponsor has signed the Standard Contractual Clauses with TCS
America to address cross border transfer restrictions that may apply. The
updated information of which shall be posted here;
* You ensure that You are entitled to transfer the relevant personal data to
TCS America so that TCS America may lawfully use, process and transfer the
personal data in order to provide Platform services. Further, Sponsor agrees
that the Sponsor shall not input, upload or transfer the Data in jurisdiction
where there is restricted transfer to other regions. Sponsor shall be
responsible for complying with the applicable law and exporting the Data in
such jurisdictions;
* Sponsor and user's authorized by it shall ensure that the relevant third
parties or data subjects have been informed of, and have given their consent,
as required per applicable legislation to, such use, processing, and transfer
as required by all applicable data protection legislation. You shall solely
be responsible for security, control, accuracy of uploaded / input data,
complying with applicable law and regulation of the country and updating of
the Personal Information only for the purposes for which it was collected;
* TCS America shall process the personal data only in accordance with any
lawful and prior written instructions reasonably given by the Sponsor from
time to time in writing;
* Each Party shall take appropriate technical and organizational measures
against unauthorized or unlawful processing of the personal data or its
accidental loss, destruction or damage. Sponsor shall at all times take
reasonable steps / measures for information security against unauthorized
access in order to prevent the loss, destruction, falsification, fabrication,
distortion and leakage of personal information. TCS America may assist the
Sponsor to take reasonable measures and steps to protect the Personal
Information from loss, misuse, unauthorized access, disclosure, alteration,
duplication or destruction which is currently hosted on data centers located
in US.;
* Upon prior written consent from the Sponsor, TCS America may disclose your
personally identifiable information and Participant's Data:
* to our affiliates and third party service providers and sub-contractors
with whom TCS America engages for the purposes of providing services
hereunder;
* to a third party in the event of any reorganization, merger, sale, joint
venture, assignment, transfer, or other disposition of all or any portion
of our business, assets, or stock (including in connection with any
bankruptcy or similar proceedings).
* In addition, information collected through the Platform may be used as may
be necessary or appropriate: (a) as permitted by applicable law, including
laws outside your country of residence; (b) to comply with legal process,
including without limitation, necessary in support of any criminal or
other related legal investigation or proceeding; (c) to respond to
requests from public and government authorities, including public and
government authorities outside your country of residence; (d) to enforce
our terms and conditions; (e) to protect our operations or those of any of
our affiliates; (f) to protect our rights, privacy, safety, or property,
and/or that of our affiliates, you, or others; and (g) to allow us to
pursue available remedies or limit the damages that we may sustain.
* You may request that your account identifier be deleted permanently from the
Platform database you may do so by contacting the Sponsor. Sponsor is
responsible for responding to any request from any authorized user regarding
use of Platform, such as a request to correct, amend or delete your Data.
Please be aware of that in case there is a legal or regulatory requirement to
retain certain data, the Sponsor may not be able to delete such data.
* You shall not initiate or participate in discussions w.r.t this Platform on
any social media, conferences or provide comments blogs with respect to this
Platform or any Personal Information uploaded by Sponsor or its Authorized
Users on this Platform.
You must comply with, and will ensure all of authorized Users comply with,
all laws and regulations applicable to its access and use of the Platform and
services environment, including without limitation laws and regulations
related to privacy, data protection, electronic communications, export and
confidentiality. Sponsor is responsible for determining whether the Platform
is appropriate for its purposes, storage and processing of information
subject to any specific law or regulation for respective jurisdiction. TCS
America is not responsible for compliance with any laws or regulations
applicable to You or Your industry that are not generally applicable to
platform service providers. TCS America does not determine whether Your Data
includes information subject to any specific law or regulation.
You must comply with, and will ensure all of authorized Users comply with,
all laws and regulations applicable to its access and use of the Platform and
services environment, including without limitation laws and regulations
related to privacy, data protection, electronic communications, export and
confidentiality. Sponsor is responsible for determining whether the Platform
is appropriate for its purposes, storage and processing of information
subject to any specific law or regulation for respective jurisdiction. TCS
America is not responsible for compliance with any laws or regulations
applicable to You or Your industry that are not generally applicable to
platform service providers. TCS America does not determine whether Your Data
includes information subject to any specific law or regulation.
Retention period:
TCS America may retain your personal information only for the term of its
Agreement with the Sponsor.
Age limits:
The service is intended only for users 18 years of age and older. You shall not
knowingly collect, use or disclose personal information from a minor under the
age of 18, without obtaining prior informed consent from a person who is the
guardian or respective parent of the minor through off-line contact.
You shall always provide the parent and/or the guardian with the following
(i) notice with respect to specific types of personal data that is being
collected from the minor,
(ii) an opportunity to object to any further collection, use, or storage of such
information.
Sponsor at all times shall abide by laws to protect children and illegal use of
minor's Personal Information.
Links:
This Privacy Policy will only applies to this website
https://jnj.connectedclinicaltrials.com/ui/ and CCT Terms of Use.
Get in touch:
If You have any questions or require any clarification about this Privacy Policy
or if you would like to provide any feedback, recommendations or comments,
please contact us by e-mail at LSPCCT.Support@tcs.com.
Sponsor, which controls Your personal information and data can be contacted at
email iSTEP@stefanini.com.
Copyright © 2019 Tata Consultancy Services Limited. All Rights Reserved.
|
TERMS OF USE
Page Title
(Last updated: 16-Oct-2017)
Access and use of Connected Clinical Trials ('CCT') platform ('Platform') is
subject to the following terms and conditions (hereinafter 'Terms'):
About the platform:
CCT Platform is a 'Software as a Service' (SaaS) platform designed to be used by
pharmaceutical companies that sponsor clinical trials ("Sponsor") to automate
certain aspects of the clinical supply process while engaging with various stake
holders such as patients, doctors and other authorized users of the Sponsor
during the drug development process.
This is a legal agreement between (a) You as a Sponsor or a user authorized by
Sponsor ("You" or "Your") and (b) TATA America International Corporation ("TCS
America") that governs your use of Platform.
BY ACCESSING AND/OR USE OF THE PLATFORM, YOU AGREE TO THESE TERMS AND ALL
APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS,
YOU ARE PROHIBITED FROM USING OR ACCESSING THIS PLATFORM.
Software as a service: Subject to the conditions and limitations set forth
herein, TCS AMERICA hereby authorizes You, access and use of the Platform as
hosted by TCS America [or its affiliate or subcontractor], which TCS America may
make available by telecommunication over the Internet to You solely for Your
non-commercial use in connection with a clinical trial.
In order to enable access and use of the Platform, You may be required to
download and/or install enabling software or apps provided or directed by TCS
America or any third party.
If such software or app is provided by TCS America, and Sponsor maintains its
current authorization to access and use the Platform, TCS America hereby grants
a non-exclusive, non-transferable, non-sublicensable, limited license, to permit
You to use the enabling software or app in object code form only solely in
connection with Your use of the Platform. You agree not to use such software for
any purpose other than to facilitate or enable Your access to and use of the
Platform in accordance with these terms.
If such software is provided by a third party, the usage shall be governed by
the terms and conditions of such third party.
If such software is required to integrate and/or configure the Platform with any
third party software applications outside the Platform hosted environment, You
shall be responsible for procuring appropriate licenses for such third party
software applications and complying with the applicable terms and conditions of
respective third parties.
Your obligations: You shall be responsible for all physical, administrative and
technical controls, screening and security procedures and other safeguards
necessary to: (a) securely administer the distribution and use of all access
credentials and protect against any unauthorized access to or use of the
Platform; (b) control the content and use of Your Data, including without
limitation the uploading, transmission or other provision of Your Data for
processing by or through the Platform; (c) the security of Your information
systems used to access and use the Platform, the enabling software or apps, and
SaaS, and (d) for Your compliance with these terms. Sponsor shall designate one
or more system administrators. System administrators shall be responsible for
managing user access, including adding and subtracting authorized users. The
system administrator shall ensure that multiple users do not share a password or
user name. You acknowledge and agree that sharing passwords and/or user names is
prohibited.
You shall not, and shall not permit any party or person to, access or use the
Platform except as directed by the Sponsor as part of a clinical trial. Without
limiting the generality of the foregoing, You shall not, and shall not permit
any party or person to:
1.a) use the access rights granted herein to gain or attempt to gain
unauthorized access to other computer systems accessible via the Internet, any
portion of the Platform for which You have not been expressly authorized to use,
or software or computer systems belonging to others which is also hosted by TCS
America;
1.b) access or use the Platform, the enabling software or apps, or the SaaS
provided hereunder, to store or transmit malicious code, files, scripts, agents
or programs intended to do harm, including without limitation viruses, worms,
time bombs and Trojan horses;
1.c) interfere with or disrupt the integrity or performance of Platform, device,
data, account, network, or SaaS;
1.d) interface or link or include, without express written permission, the
Platform with any other systems or applications or services;
1.e) access or use the Platform, the enabling software or apps, or the SaaS
provided hereunder, in any manner or for any purpose that violates any
applicable law or the rights of others;
1.f) access or use the Platform, in any manner or for any purpose in a way that
could harm the service or impair anyone else's use of it;
1.g) reverse engineer, disassemble, de-compile, recreate, copy or reproduce the
Platform or perform any modifications, customizations, enhancements or other
derivative works (without TCS America' prior written consent);
1.h) circumvent, bypass, delete or remove any form of protection, or usage,
functionality or technical restrictions or limitations, or to enable
functionality disabled by TCS America, in connection with the Platform or SaaS;
1.i) rent, lease, lend, sublicense, distribute, publish, display, post,
transmit, timeshare, host, frame, resell, reproduce, assign, transfer the
Platform, or use the Platform to provide application service provider services
or business processing services or as a service bureau or software as a service
or otherwise to provide commercial hosting services with the Platform;
1.j) perform or disclose any security testing, including without limitation,
penetration testing, remote access testing, network discovery, vulnerability
scanning, password cracking, etc. of the Platform or services environment
without TCS America' prior written consent;
1.k) access or use the Platform for purposes of competitive or comparative
analysis, the development, provision or use of a competing software service or
product or any other purpose that is to the TCS America's detriment or
commercial disadvantage;
1.l) interface or link or combine any open source software with the Platform in
such a way that could cause or could be interpreted or asserted to cause the
Platform to become subject to any encumbrance or terms and conditions of any
open source license;
1.m) to, remove, alter or otherwise render illegible any of TCS America's logo,
trademark, copyright notice or other proprietary or confidentiality markings
that may be placed on the Platform or components thereof or documentation
provided to You hereunder.
You have and will retain sole responsibility for: (a) all Your data, including
without limitation its security, storage, content and use; (b) all information,
instructions and materials provided by or on Your behalf in connection with the
Platform ("Your Data"). You undertake that any or all Your Data will not
infringe the intellectual property rights or privacy rights of any third party.
You shall have sole responsibility for the accuracy, quality, integrity,
legality, reliability, appropriateness, and intellectual property ownership or
right to use of all Your Data. The Platform or services environment do not
replace the need for You to encrypt, mask, secure Your Data and maintain regular
data backups or redundant data archives. TCS shall not be responsible or liable
for the deletion, correction, destruction, damage, loss, corruption, failure to
store or recovery of any Your Data, except as specifically required by the
Sponsor Agreement. You agree that all Your Data will be provided in required
format compatible with the Platform and services environment. You acknowledge
and agree that Your Data may not be fully recoverable beyond the last
restoration archive point or permitted storage where Platform permits uploading,
copying, archiving or storage of Your Data in the services environment. You
shall ensure that the Your Data does not have any racial, illegal, obscene,
indecent, libellous, defamatory, falsehood or inappropriate content at any level
or otherwise violate applicable laws, ordinances and regulations. You are
responsible for any security vulnerabilities and the consequences of such
vulnerabilities arising from Your Data, including without limitation any
viruses, Trojan horses, worms or other programming routines contained in Your
Data that could harm or limit the functionality of a computer or that could
damage, intercept or expropriate data. TCS shall not access Your user accounts,
or Your Data, except (i) in the course of data center business operations if
required, (ii) in response to service environment or technical issues, or (iii)
at Your specific request as reasonably required in the provision and support of
services. You acknowledge and agree that TCS may use the Your Data and any
comments or feedback that You provide regarding the Platform for improving the
Platform or developing the Platform without any restriction, payment or
accounting to You, including without limitation, in future Platform releases or
further developments.
You must comply with, , all laws and regulations applicable to Your access and
use of the Platform and services environment, including without limitation laws
and regulations related to privacy, data protection, electronic communications,
export and confidentiality. The Sponsor of the clinical study in which this
Platform is being used is responsible for determining whether the Platform is
appropriate for such purpose, storage and processing of information subject to
any specific law or regulation. TCS America does not determine whether Your Data
includes information subject to any specific law or regulation. Sponsor is
responsible for responding to any request from a third party regarding use of an
SaaS, such as a request to take down content relating to Your Data under the
U.S. Digital Millennium Copyright Act or other applicable laws.
TCS America may, directly or indirectly, suspend, terminate or otherwise deny
You, any authorized user's or any other third party's access to or use of all or
any part of the Platform , without incurring any resulting obligation or
liability, if: (a) TCS America believes, in its good faith and reasonable
discretion, that: (i) You have failed to comply with, any terms, or accessed or
used the Platform, the enabling software or apps, or SaaS provided hereunder,
beyond the scope of the rights granted or for a purpose not authorized or in any
manner that does not comply with any instruction or requirement of the
documentation; (ii) You or any authorized user is, has been, or is likely to be
involved in any fraudulent, misleading or unlawful activities; (b) TCS America
receives a judicial or other governmental demand or order, subpoena or law
enforcement request that expressly or by reasonable implication requires TCS
America to do so. This section does not limit any of TCS America's other rights
or remedies, whether at law, in equity or under this Agreement.
Intellectual property rights: TCS America is the sole and exclusive owner of the
Platform. All intellectual property rights in the Platform and its services /
content, including but not limited to copyright, trademarks, patents, trade
secrets and design of the Platform and its services / content provided by TCS
America and/or its licensors. Any use of the Platform and its services /
contents, including copying, publishing, distributing, downloading,
transmitting, storing, archiving whether in whole or part, other than for
permitted use is prohibited without the express consent of TCS America. You are
prohibited from copying, modifying, transmitting, distributing, selling,
displaying, communicating, publishing, posting, creating derivative works of,
licensing or reproducing or in any way exploit any content including text,
images, graphics, user and visual interfaces, trademarks, logo, computer code,
documentation and other content, opinions, analysis, statistics, information or
photographs made available through or on this Platform without written
permission from TCS America or by the owners of that content. Nothing herein
will have the effect of granting any right, title or interest in the Platform
and its services / content or in or any intellectual property rights therein in
Your favor.
Notice/s:
DMCA policy:
You may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by sending notification at LSPCCT.Support@tcs.com. with the following
listed information in writing (see 17 U.S.C 512(c)(3) for further details):
- An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright's interests
- A description of the copyrighted work that You claim has been infringed,
including the URL (i.e., web page address) of the location where the copyrighted
work exists or a copy of the copyrighted work
- Identification of the URL or other specific location on the Service where the
material that You claim is infringing is located
- Your address, telephone number, and email address
- A statement that You have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law
- A statement by You, made under penalty of perjury, that the above information
in Your notice is accurate and that You are the copyright owner or authorized to
act on the copyright owner's behalf.
Upon receiving of the Notice in the format as requested above for the infringing
material or by court orders, TCS America shall immediately notify the Sponsor of
the Notice along with the evidence provided by the party providing the notice
and shall expediently remove or disable the access to the content on the
Platform within 10 to 14 days. The third party or Sponsor shall be responsible
for responding to such notices or court orders within the prescribed time limit
or any reasonable time period under the law. TCS America upon receipt of the
counter notice shall inform the aggrieved user of such counter notice within 10
business days from the receiving of the counter notice from the third party or
Sponsor. If the third party or Sponsor fails to provide a counter notice or does
not respond to the notice, TCS America shall evaluate the alleged infringement
and may remove, block or disable access to material on the Platform permanently
at its own discretion and shall make a good-faith attempt to restore the rights
of the person or entity who submitted or provided the affected material in
accordance with the DMCA.
Open source components: The Platform and its services/content may contain open
source components ("OSS").You hereby agree and acknowledge that any use of the
OSS items are provided 'AS IS' without any warranty whatsoever from TCS America
and shall always be governed by and subject to the terms and condition of the
relevant OSS license agreement. In the event of any conflict between these Terms
of Use and those in the relevant OSS license agreement, the terms of the OSS
license agreement shall prevail with respect to use of that relevant OSS.
Changes: TCS America reserves the right to withdraw, amend, suspend or terminate
the Platform and/or service / content or any part thereof provided on or through
the Platform without notice. TCS America aims to update the Platform regularly
and may change, alter, modify or delete the content and/or its features or
services or any part thereof at any time, including without limitation, for each
operating system / platform or version thereof on which the Platform is made
available, or for different versions of the Platform, at its sole discretion and
the same shall be binding on You. You agree and understand that services /
content / features may differ for each operating system / platform or versions
thereof on which the Platform is made available or different versions of the
Platform. TCS America may change the Terms of Use from time to time without
notice which become effective as soon as they are posted on this page. It is
your responsibility to check for updates and Your continued use the Platform
after the posting of these changes shall mean Your acceptance of such changes.
The date of the latest update of the Terms of Use will be stated at the top of
the Terms of Use.
Termination: The license granted herein is effective until terminated or expiry
of the Sponsor Agreement or relevant statement of work. TCS shall at its sole
discretion be entitled at any time without any notice withdraw access and/or
terminate any permission(s) or license granted to You. If You breach the
provisions of the Terms of Use or violate any law, rule or regulation of United
States or any other country, Your access and use of the Platform is
automatically terminated and any subsequent access and use is unauthorized. TCS
shall have the right, but without any obligation, to restrict access to and/or
immediately remove or block any and all contents uploaded by the user that
violates these terms and conditions or is non-compliant in TCS' sole discretion
and TCS shall have the right to take appropriate measures available to it under
the applicable law. TCS and all its Related Parties described hereinabove stand
indemnified by You from and against all liabilities, costs or consequences
arising out of proceedings or matters arising thereto resulting from Your access
and use of the Platform and its services / content and/or breach of the terms
and conditions specified herein. On termination, You must destroy any
content/materials downloaded immediately and on request provide TCS with the
declaration of destruction of such contents that have been used/accessed before
the termination of this T&C.
Interactive services: This Platform provides interactive features enabling the
user to receive and interact using patient's personal and medical information
for the purpose of conducting clinical trials by the user ("Interactive
Services"). TCS America and its Related Parties shall not be responsible for use
of personal information by any third party which You may make available. If such
Interactive Services are provided by or through a third party website/service,
You agree to abide by the terms and conditions of such third party website.
Such Interactive Services are provided on 'AS IS' and 'AS AVAILABLE' basis and
only on select operating system(s) / platform(s) and versions thereof. You
represent, warrant and covenant that You will not upload, post, transmit,
distribute, or otherwise publish through this Platform or any Interactive
Service provided hereunder any materials/content which, are unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit, or indecent; constitute or encourage
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate law; violate, plagiarize or infringe the rights of any
third party including, without limitation copyright, trademark, patent, rights
of privacy or publicity, or any other right of any third party; contain a virus
or other harmful or potentially harmful component; contain any information
advertising of any kind; constitute or contain false or misleading indications
of origin or statements of fact; or restrict or inhibit any other user from
using and enjoying the Platform and/or its services or content. TCS America
expressly excludes our liability for any loss or damage arising from the use of
any Interactive Service by You or any other person in contravention of these
Terms, whether the service is moderated or not.
Hosting: The Platform is currently hosted on data centers located in US. You
acknowledge and agree with TCS America to the store personally identifiable data
provided or controlled by You to be hosted on the above mentioned servers. The
hosting is governed by adequate safeguards such as the Standard EU Contractual
Clauses and TCS America may sign an agreement referring to Standard EU
Contractual Clauses to address cross border transfer restrictions that may
apply. TCS America will use reasonable organizational, technical, and
administrative measures to protect Your Data. Unfortunately, no data
transmission over the Internet or data storage system can be guaranteed to be
100% secure. If you have reason to believe that your interaction with us is no
longer secure (for example, if you feel that the security of any account you
have with us has been compromised), please immediately notify us of the problem
by contacting us in accordance with the "Contacting Us" section below..
Cellular or wireless service: The Platform may receive data via Your wireless
carrier or accessible Wi-Fi network. TCS America is not responsible or liable
for any data charges associated with the use of Platform or any of its features.
The service may occasionally be restricted, interrupted or discontinued due to
conditions such as, but not limited to: Platform design, network coverage,
government regulation, or other situations beyond TCS America's control.
Disclaimer and limitation of liability: The Platform and its services/content is
provided on and "AS IS" and "AS AVAILABLE" basis. TCS America and any other
parties involved in the creation, production or delivery of the Platform and its
services / content, expressly disclaim any and all warranties, express and
implied, including but not limited to any warranties of accuracy, reliability,
availability, title, merchantability, non-infringement, fitness for a particular
purpose, or that the Platform and its services / content will meet Your
requirement, or will be uninterrupted, timely, secure, accurate, complete,
virus-free or error-free. You acknowledge and agree that Your decision to access
and use any information, services or products made available by or through this
Platform or to take any action or refrain from taking any action as a result of
Your use of this Platform and its services/content will be Your discretion and
decision alone, based solely on Your own evaluation. Neither this Platform nor
any information/content provided by or through this Platform constitute an offer
or solicitation to sell any product or service. In no event shall TCS America or
any of its affiliates, subsidiaries, licensors, suppliers and their respective
employees, officers, directors, and agents ("Related Parties") be liable for any
direct, special, consequential, incidental or indirect damages whatsoever
arising out of the access and use of or inability to use, reliance on, the
Platform and its services/content, and arising from third party's access to
personal information input in or through the Platform, even if the TCS America
is aware of the possibility of such losses, damages and known defects.
Force majeure: Neither party shall be in breach of this agreement nor liable for
delay in performing, or failure to perform, any of its obligations under this
agreement if such delay or failure result from force majeure or events,
circumstances or causes beyond its reasonable control.
Jurisdiction and applicable law: hese Terms of Use shall, without reference to
conflict of law rules, be governed by and construed in accordance with the laws
of State of New York, United States of America. and You agree that subject to
dispute resolution provisions below, the Courts in the State New York shall have
the exclusive jurisdiction over any matters arising out of, or in relation to,
the Platform or Your use of the Platform. Notwithstanding the dispute resolution
provisions below, TCS may seek injunctive or other relief in any state, federal,
or national court of competent jurisdiction for any actual or alleged
infringement of intellectual property or other proprietary rights of TCS, it
affiliates and/or their respective licensors. The parties hereby agree that the
United Nations Convention for the International Sale of Goods shall not apply to
this agreement. The parties agree for "No Jury" proceedings in any state,
federal, or national court of competent jurisdiction.
Dispute resolution: Unresolved disputes, controversy or claim arising out of or
relating to this Agreement, or the breach thereof, shall be settled by
arbitration administered by the American Arbitration Association ("AAA") in
accordance with its Commercial Arbitration Rules. Judgment on the award rendered
by the arbitrators may be entered in any court having jurisdiction thereof.
Claims shall be heard by a panel of three arbitrators. Within thirty (30) days
after the commencement of arbitration, each Party shall select one person to act
as arbitrator and the two selected arbitrators shall select a third arbitrator
within thirty (30) days of their appointment. If the arbitrators selected by
each Party are unable or fail to agree upon the third arbitrator, the third
arbitrator shall be selected by the AAA. The arbitrators shall be neutral and
shall be attorneys with at least fifteen (15) years experience or a former
judge. The place of arbitration shall be New York, NY. The arbitrators will have
no authority to award punitive or other damages not measured by the prevailing
Party's actual damages. Neither a Party nor an arbitrator may disclose the
existence, content, or results of any arbitration hereunder without the prior
written consent of both the Parties. Nothing herein shall prohibit TCS America
from seeking a temporary restraining order, preliminary injunction or other
provisional relief if, in its judgment, such action is necessary to avoid
irreparable damage, to preserve the status quo or to prevent or stop the
violation of these term and conditions and/or infringement of intellectual
property rights or other proprietary rights of TCS America, its affiliates
and/or their respective licensors. Neither a Party nor an arbitrator may
disclose the content, or results of any arbitration hereunder without the prior
written consent of both the Parties.
Entire agreement: These Terms of Use form a legally binding agreement between
You and TCS America and are the entire agreement between the user and TCS
America regarding access and use of the Platform and supersede any prior or
contemporaneous, conflicting or additional understandings or agreements or
communications (written or oral). These Term of Use may be translated in
different languages for your convenience. In case of any conflict or
inconsistency between the translated version and the English version, the
English language version shall prevail which is available on Terms of Use.
Waiver: Failure to exercise or delay in exercising any right or remedy under
these Terms of Use or law by TCS America will not constitute a waiver of rights
or remedy nor shall it prevent exercising that right or remedy in whole or in
part in future.
Severability: If any provision of these Terms or Use or part thereof is held to
be invalid, unenforceable or illegal the other provisions shall remain
unaffected and shall remain in force.
Headings: The clause headings are for the purposes of convenience/ease of
reference and are not to be used in interpretation of these Terms.
Contacting us: If you have any questions about this terms and conditions, please
contact us by e-mail at LSPCCT.Support@tcs.com.
Copyright © 2019 Tata Consultancy Services Limited. All Rights Reserved.
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