Effective as of 4th March 2016.
Thanks for using Seshi!
The following terms and conditions (the “Agreement”) govern all use of the “Seshi” application ("Application"). The Application is owned and operated by SESHI LTD ("SESHI"). The Application is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
SESHI reserves the right to modify or replace any of the terms or conditions of this Agreement from time to time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Application following email notification of any changes to this Agreement constitutes acceptance of those changes. This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.
1. AGE RESTRICTION. User hereby certifies to SESHI that if User is an individual (i.e., not a corporation), User is at least 16 years of age. User also certifies that it is legally permitted to use the Application.
2. LICENSE. Subject to the terms and conditions of this Agreement, User is hereby granted a non-exclusive, non-transferable, non-sublicensable, terminable license to access downloads and use the Application solely for the purposes for which the Application is provided, provided that SESHI reserves the right to charge User fees for the license with advanced notices of not less than seven (7) days. This license is personal to User and User will not use the Application for any commercial purpose.
3. RESTRICTIONS. User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, SESHI shall own all titles, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.
4. FILE SHARING AND USER CONTENT. The Application allows Users to store, sync, and share documents, files, materials, content, data, and any other information User submits to, or through, the Application (User’s “Content”).
User is solely responsible for maintaining and protecting all Content that is stored, retrieved, or otherwise processed by or in connection with the Application. Without limiting the foregoing, User will be responsible for all costs and expenses that User or others may incur with respect to backing up, and restoring and/or recreating any Content that is lost or corrupted. User accesses/uses/relies on the Content of other Application users at User’s own and sole risk.
With respect to all Content, User represents and warrants that (i) User has the full right and authority to access and distribute, (ii) no such Content will infringe or misappropriate or otherwise violate the rights of any third party, (iii) no such Content will violate any law or regulation, (iv) no such Content will be disparaging or defamatory toward others, sexually explicit, or abusive, (v) no such Content will be contrary to, or inconsistent with, the social mores, ethics, or public policies, (vi) no such Content will contain any direct or indirect messages or nuances that may be seen as advocating or promoting any illegal, illicit, immoral, violent, or unethical activities or ideas, (vi) no such Content will damage or otherwise adversely affect the Application or any of the systems used by or on behalf of SESHI to host or otherwise provide the Application.
5. INDEMNIFICATION. User is responsible for all of its activity in connection with the Application, including any Contents. User shall defend, indemnify, and hold harmless SESHI , its affiliates and each of its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from or in connection with User’s (i) access to or use of the Application, (ii) Content, or (iii) violation of this Agreement.
6. WARRANTY DISCLAIMER. THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SESHI MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THE APPLICATION WILL NOT DAMAGE OR ALTER CONTENT, OR (III) THE RESULTS OF USING THE APPLICATION WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. LIABILITY. SESHI is only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. In no event shall seshi , its officers, directors, employees, agents, vendors, or suppliers be liable under contract, strict liability, negligence, or any other legal theory with respect to the application:
(i) Any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) for any damage caused to any content by the application or otherwise, (iv) or matters that are natural, which is beyond SESHI's reasonable control, (v), or if prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do.
USER understands and accepts such risk that the APPLICATION may contain bugs or similar, other technical issues such as file format compatability, cause alteration or damage to file content. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights the USER has under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit SESHI's liability to the USER for any death or personal injury resulting from our negligence.
8. THIRD PARTY RIGHTS. Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
10. LAW, JURISDICATION AND LANGUAGE. This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
11. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. SESHI shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SESHI ’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary and all other provisions of this Agreement shall otherwise remain in full force, in effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by User except with SESHI ’s prior written consent. SESHI may transfer, assign, or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the country where SESHI ’s headquarter is located. User waives any defense based on lack of personal jurisdiction, inconvenient venue, lack of notice, defect in services of court documents, forum, and any other similar doctrines. User agrees that a notice by an email specified by User constitutes a valid notice for delivery of summons and other court documents. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind SESHI in any respect whatsoever.
12. ACKNOWLEDGMENT OF COMPLETE UNDERSTANDING. By accessing, and/or using Application in any way, User explicitly acknowledges that User has read, understood, and agreed to all of the provisions of this Agreement regardless of whether User’s primary language is English or not.