Terms and Conditions
The use of this Website is subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before You use the Website. If You do not agree with these Terms and Conditions, You should cease using the Website immediately.
“We”, “Us”, “Our or “Ourselves”” means Avishtech, LLC, a California Limited Liability Company, its successors and assigns or any person acting on behalf of it.
“You”, “Your” or “Yourself”” means any person/s (end user) being of the legal age of eighteen (18) years.
“Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.
“Website” means the domain of www.avishtech.com.
“Personal Information” means any information that identifies or can be used to identify You, directly or indirectly.
“Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, and other mechandising information.
If You intend to transact through this Website (i.e. purchase our goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations between you and Us.
3. Compliance with Laws
You represent and warrant that Your use of this Website will comply with all applicable laws and regulations (including but not limited to, EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) and the California Consumer Privacy Act.
5. Information We Collect
When You request goods or services We may collect Personal Information supplied by You when You complete an online form in order to facilitate the purchase of goods and/or services. Such information will enable Us to process Your transactions efficiently, analyse our Website services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information to facilitate Our services and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may undertake:
1. Your name (including Your legal name, account name)
2. Your contact information (including Your email, phone number)
3. Your business information (including company name, address, Your title)
6. The Use of Your Information
We will only release information about You as authorized by Yourself, required by law or where required in order for Us to provide goods or services to Yourself e.g. to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
We will not release Your information for any purpose which You could reasonably expect us not to release the information.
Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your Personal Information will only be disclosed to those employees within Our company who have a need to know in order to ensure You are provided with information about Our products and services or to request goods and services through this Website.
7. Your Data Protection Rights
You may have the following data protection rights:
1. To access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date.
2. In addition, individuals who are residents of the European Economic Area “EEA” can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the “Questions and Concerns” section below.
3. Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.
4. The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at: EEA.
8. Questions & Concerns
If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please use Our contact form via this Website to send Us a message. You may also contact Us by sending an email to firstname.lastname@example.org.
We and Our partners may use various technologies to collect and store information when You use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behavior such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked. They also allow Us to collect information such as the recipient’s:
IP address, browser, email client type and other similar details;
Tracking Website usage and traffic;
Reports are available to Us when We send email to You, so We may collect and review that information.
10. Copyright and Trademarks
The contents of this Website are at all times the copyright or trademark property of either Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore, You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with clause.
11. Specifications and Information
Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information provided to Us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of goods or services provided through this Website in respect of the use of the goods or services or their suitability for a particular use that You contact Us or seek external professional opinion.
12. Continuous Service
Due to the inherent nature of Websites We cannot guarantee uninterrupted or continuous availability of this Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able We shall give You advanced warning of the same. We shall accept no liability in relation to Website downtime whether scheduled or otherwise.
13. Termination of Use
These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).
14. Changes to Terms and Conditions
1. The failure by the either contracting party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
2. We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).
3. This Agreement will be governed by and construed in accordance with the laws of the State of California excluding that body of laws known as conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Jose, California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You may have additional rights under law where your residence is, We do not seek to limit your legal rights in governing law and jurisdiction to any extent not permitted by law.
4. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
Simulation Platform User Terms and Conditions
Avishtech, LLC (“Avishtech”) offers its customer a platform to conduct simulation, the use of this Platform is subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before using the Platform. If You do not agree with these Terms and Conditions, You should cease using the Platform immediately.
“We”, “Us”, “Our” or “Ourselves” means Avishtech, LLC, a California Limited Liability Company, its successors and assigns or any person acting on behalf of it.
“You”, “Your” or “Yourself” means any person/s (end user) being of the legal age of eighteen (18) years.
“Terms and Conditions” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Terms and Conditions.
“Platform” means the platform provided by www.avishtech.com for You to conduct simulation.
“Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Terms and Conditions, a party’s intellectual property, data, operational information, know-how, trade secrets, financial and commercial affairs, contracts, and other merchandising information.
2. Use of Confidential Information
Except as otherwise set forth in this Terms and Conditions, We agree to use Your Confidential Information only for the purpose of (1) determining whether to enter into a business transaction with You, (2) receiving products or services supplied by You, and/or (3) providing products or fulfill services to You. All other usage of Confidential Information will be subject to Your prior written consent.
3. Responsibilities of Avishtech
Avishtech agrees (1) to hold and maintain the Confidential Information in confidence, (2) not to disclose such information to any third party, and (3) not to use such information for any purpose other than those set forth in Section 2 above.
4. Term and Expiration
Avishtech’s duty to protect the confidentiality of the Confidential Information shall continue until the Confidential Information (1) becomes a matter of public knowledge through no fault of Avishtech, (2) is rightfully received by Avishtech from a third party who is not under a duty of confidentiality, or (3) is independently developed by Avishtech without reference to Your Confidential Information as supported by sufficient written records.
5. No Additional Rights or Obligations
A. You shall retain title and complete ownership of all information disclosed to Avishtech. You are not granting to Avishtech any license or other intellectual property rights other than the right to use Confidential Information for the purposes set forth the Section 2 above.
B. Avishtech does not provide any warranty or guarantee, whatsoever, for the validity of the simulation results.
A. This Terms and Conditions does not create any partnership, joint venture, or agency between the parties.
B. This Terms and Conditions is the complete and exclusive statement of the understanding between the parties regarding the subject matter hereof, ant it supersedes all prior or contemporaneous communications. It may be amended by us from time to time.
C. This Terms and Conditions shall be interpreted and enforced according to the law of the State of California without regard to its conflict of laws principles.
D. This Terms and Conditions and Avishtech’s obligations thereunder shall be binding on the representatives and successors of Avishtech and You.