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If You do not agree with any of these Terms, You must not use or access the Site or the API Services in any way, or register as a User or check and/or click “I Agree” or any similar box or button associated with this Agreement.
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The Site is an online platform for providing information and services to Users who may be a:
(a) Developer User, who/which may
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TCS may, in its sole discretion, suspend or restrict access to all or any portion of the Site and/or the Services to (i) prevent damages to, or degradation of, the Site and/or Services; (ii) comply with any law, regulation, court order, or other governmental request; (iii) otherwise protect TCS from potential legal liability; or (iv) address a breach of this Agreement (v) repair, maintain, or the introduce new facilities or at any time. TCS shall use reasonable efforts to provide You with notice prior to or promptly following any suspension of the Site and/or Services or any portion of it. TCS will endeavour to restore access to the Site and/or Services as soon as the event giving rise to suspension has been resolved.
Once You are registered as a Publisher User, the following actions can be performed by You after login
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By publishing or making available Your Content, APIs and Solutions on or through the Site and/or Services, You agree that Your Content, APIs and Solutions may be used by TCS and other Users of the Site for Evaluation and for creation of PoC Solutions and Evaluation thereof. You acknowledge and agree that TCS and other Users may use Your Content, APIs and Solutions in combination with their own Content, APIs and Solutions or those from other Users or third parties. The PoC Solutions may be demonstrated and/or offered for Evaluation by TCS and its affiliates’ or other Users of the Site to their respective customers. Availability of Your Content, APIs and Solutions is essential for better chances of participation and subsequent business opportunities arising out of such Evaluation engagements.
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- to build PoC Solutions;
- to Evaluate Your Solutions either alone or as part of the PoC Solutions and/or grant limited sub-licences of, or make available (including as SaaS) Your Solution or its APIs, either alone or as part of the PoC Solutions to customers (including potential customers) for Evaluation; and/or
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You agree to maintain confidentiality of any such requests and business opportunities shared with You by TCS and its affiliates and information relating to Evaluation or PoC Solutions shared with You or coming to Your knowledge. You agree that You will not, and shall not permit anyone, directly or indirectly, solicit such TCS customers (including potential customers) for such business opportunities and/or PoC Solutions other than in collaboration with TCS as a prime unless otherwise agreed to in writing by TCS. Your confidentiality obligation survive any termination of this Agreement.
Publisher User Responsibilities. Each Publisher User is responsible for all support and all claims relating thereto its Content, APIs and Solutions, including but not limited to, any claims relating to intellectual property infringement, product liability, legal compliance, etc. Each Publisher User shall have adequate technical and organizational measures in place to protect the privacy of the Users and to prevent mis/overuse or unauthorized use of its API’s and Solutions such as through expiry of tokens, credentials or license keys. You specifically agree that TCS shall not be responsible or liable for any unauthorized access to or alteration or misuse or infringement of Your Content, APIs or Solutions published or provided on or through the Site and/or in the use of the Site and the Services by other Users of the Site and/or the Services.
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As a Developer User, once registered on this Site, You may subscribe and Evaluate the APIs published or provided by Publisher Users of the Site either alone or as part of PoC Solutions. By use of such APIs You agree to be governed by the terms and conditions of this Agreement. Access links to Solutions may take you out of the Site on to the Publisher User’s website and may be subject to a separate terms and conditions. You acknowledge and agree that the APIs and Solutions published and provided by Publisher Users is subject to change without notice and may differ substantially upon commercial release. You agree that nothing in this Agreement obligates TCS or any other Publisher User to enter into a separate or commercial agreement for making available its APIs or Solutions.
Presently the use of Site and/or the Services is at no cost to You, however, TCS may in future charge fees for the Services as may be set out in the Site from time to time. In the latter case, TCS reserves the right to suspend access to the Services in the event of the non-payment of fees. Fees due under this Agreement shall be exclusive, of applicable taxes.
If Your API(s) or Solution(s) are part of paid service (as and when made available) on the Site, and paid opportunity is generated through the Site, You agree that You will not bypass or circumvent Sites’ services, including but not limited to, billing, management, etc. to solicit other Users outside the Site or Site Services or leave the Site Services or obtain APIs via any non-Site source.
Your Representations and Warranties
You make the following representations and warranties:
You have good and sufficient title in the Your Content, APIs and Solutions and in every part thereof to enable You to enter into this Agreement, and You own (or have full rights to) to market, promote, offer to sell, sell, grant access to, license and distribute the Content, APIs and Solutions You list on or through the Site and grant the rights and licenses as provided herein to TCS, its affiliates, other Users of the Site and their respective customers;
All rights in or to the Your Content, APIs and Solutions or any other material or information furnished or provided by You in the performance of this Agreement are proprietary to You or used under appropriate license with appropriate authority;
You have obtained prior written permission/license from co-developer or co-owner or co-author of any of Your Content, APIs and Solutions which is jointly developed by You and any third party;
You have obtained any and all third party licenses and consents (including the right to sub-license the same to TCS and other Users of this Site and the Services) necessary to enable TCS and other Users to use third party content or software comprised within Your Content, APIs and Solutions without additional licenses or permission to be taken by TCS or other Users of the Site and/or the Services from any such third party for use in accordance with this Agreement;
Your Content, APIs and Solutions or any material or information furnished or provided by You will not infringe or misappropriate the patent, copyright, trademark, trade secret or other intellectual property rights or proprietary rights of any third party;
You shall not use or permit to be used the Site, the Content, the APIs and Solutions provided for any illegal or unlawful purpose;
All data, information, descriptions, images and facts made available by You with respect to Your Content, APIs and Solutions on the Site or via the Services are true and accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such good or service.
The execution, delivery and performance of this Agreement of access/use by You does not and will not conflict with, or constitute a breach or default under any agreement, contract, commitment or instrument to which You are a party;
Your Content, APIs and Solutions have been produced and distributed with strict procedures and best industry practices to protect them against viruses, malware, Trojans or other malicious code (“Virus”). If TCS identifies that a virus exists in Your Content, APIs or Solution, TCS may notify You and upon such notification You shall remove the virus from the Your Content, APIs and Solutions. You further warrant that You shall not introduce any malicious code or bugs or worms or Trojan horse or malware or such other code or disabling code into Your Content, APIs, Solutions, the Site and/or the APIs or Solutions provided by other Users or into the network or system of TCS or its affiliates and their respective customers. Your understand that TCS will not be able to provide any services for such Virus infected Your Content, APIs and Solutions;
There is no action or proceeding pending or, in so far as it is known or ought to known, threatened in writing against You before any court, administrative agency or other tribunal that could impact upon Your right, power and authority to enter into this Agreement, to grant the rights and licenses granted by You to TCS, its affiliates and other Users of this Site and/or the Services, or to otherwise carry out Your obligations hereunder; or might have a material adverse effect on Your business or condition, financial or otherwise that would materially impact Your ability to perform under this Agreement.
In particular, and without limitation, You represents, warrants and covenants that You shall NOT and shall not permit others to use the Site and/or the Services, directly or indirectly, including through PoC Solutions, to host, display, upload, modify, publish, transmit, store, update or share any information that —
- belongs to another person and to which You do not have any right;
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- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the messages or knowingly and intentionally communicates any information which is s patently false or misleading in nature but may reasonably be perceived as a fact; or is grossly offensive or menacing in nature;
- impersonate another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
Also, You shall NOT and shall not permit others to:
- reverse engineer, disassemble, de-compile, tamper, recreate, the Site, its Content, and the Services or any part thereof unless expressly permitted;
- remove, alter, obscure or otherwise render illegible any of TCS, its affiliates, their respective licensors or other User’s logo, trademark, copyright notice or other proprietary or confidentiality markings that may be placed on the User Content, Site or Services or any component or output thereof;
- override access authorization and access controls for Your access and Use of the Site, its Content and/or the Services as may be prescribed by TCS or Publisher Users or circumvent, bypass, delete or remove any form of protection, or usage, functionality or technical restrictions or limitations, or to enable functionality disabled by TCS or its third party service providers or Publisher Users, in connection with the Services;
- 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 Site or Services for which You have not been expressly authorized to use pursuant to this Agreement or authorized use of the Site or Services, or Content or computer systems belonging to others which is also hosted by TCS;
- interfere with or disrupt the integrity or performance of the Site or any Services or data, device, account, network or services environment, including but not limited to, by use of unreasonable amount of bandwidth;
- perform or disclose any security testing, including without limitation, penetration testing, remote access testing, network discovery, vulnerability scanning, password cracking, etc., of the Site or the Services without TCS’ prior written consent;
- use any public software or open source software in connection with the Services in any manner that requires, pursuant to the license applicable to such public or open source software, that the software be disclosed or distributed in source code form, or made available free of charge to recipients, or modifiable without any restriction by recipients;
- issue any press release or make any other public communication with respect to this Agreement or Your use of the Services without TCS’ prior written consent. However, to communicate Your presence on this Site on Your official website or social media channels, You may use the following phrase: "We are now partnering with TCS CUBO to drive our Business Ecosystem powerplay!"
- use the APIs in the production environment except where expressly permitted by the Publisher User of such APIs in writing;
- copy or modify, enhance or create derivative works of the Site or Services or any portion thereof, except as expressly permitted in this Agreement;
- sell, license, sublicense, assign, transfer, distribute or timeshare the Site and/or the Services or otherwise grant any right under this Agreement to any third party, without the prior written consent of TCS or except as may be permitted under this Agreement;
- Use the Site and/or the Services in any manner or for any purpose that violates any applicable law or the rights of others or allow the transfer, transmission, export or re-export the Content and/or the Services in violation of any applicable export control laws or regulations;
- Request, use or make available any data obtained using the Services outside any permissions expressly granted by Publisher Users;
- Use or transfer any data accessed or obtained using the Services, including any data aggregated, anonymized or derived from that data for advertising or marketing purposes including (i) targeting ads, or (ii) serving ads. For purposes of clarity, this prohibition on using such data for advertising or marketing purposes does not extend to PoC Solutions when a customer enrolls to use a PoC Solution;
- Scrape, build databases or otherwise create copies of any data accessed or obtained using the Services, except as necessary to enable an intended usage scenario permitted under this Agreement;
- Use the Services, or any data obtained using the Services, to identify, exploit or publicly disclose any potential security vulnerabilities;
- Falsify or alter any unique referral identifier in, or assigned to a project You create under Your Account for accessing or using the Services, or otherwise obscure or alter the source of queries coming from PoC Solution to hide a violation of this Agreement;
You agree to assist TCS in relation to any investigation and remedy of any claim, allegation, action, suit, proceeding or litigation with respect to alleged unauthorized access and use of the Site and its Services / Content.
Intellectual Property Rights
TCS is the sole and exclusive owner of the Site. TCS and its licensors will continue to own all intellectual property and intellectual property rights in or attached to the Site, including without limitation, in or to the code, architecture, functional and non-functional features, methods, designs, graphical user interfaces (i.e. GUIs including any graphic elements such as icons, pointers, menus, scroll bars, screen displays and any other notable component, outlays, ephemeral and animated features and effects, imagery and other visual effects of GUIs), look and feel, trade dress, and any derivative works thereof. TCS only authorizes non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use Site and the Services only in accordance with the Terms of this Agreement.
Tata Consultancy Services, the TCS logo, TCS, TCS CUBO, other marks of TCS and domain name indicated on our Site are trademarks of TCS and its affiliates. Other trademarks are intellectual property of respective owners.
All Contents included on this Site, are the intellectual property of respective Publisher Users and are protected by national and international copyright laws or other intellectual property laws. You acknowledge and agree that all the Content, APIs and Solutions listed on the Site may be protected under the copyright and other intellectual property laws and accordingly, You shall be responsible for procuring appropriate licenses from Publisher User and complying with the applicable terms and conditions of those Publisher User for using their Content, APIs or Solutions which are not licensed for use hereunder. At no time, TCS claims any kind of ownership including any right, title or interest on the Your Content except for the rights and licenses granted to TCS hereunder. TCS retains all right, title and interest in the Content published by it as a Publisher User and grants rights and licenses in accordance with these Terms.
All rights, title and interests, including without limitation, intellectual property rights, in and to PoC Solutions conceived, created, developed or reduced into practice by a Developer User and Evaluation Data shall always remain with such Developer User and except as stated herein Publisher User shall not have any rights in such PoC Solution or Evaluation Data and shall not use such Evaluation Data for any purpose except for the purpose of fulfilling its obligations under this Agreement. For removal of doubt, this shall not in any way affect Publisher User’s right, title and interest in or to Content, APIs or Solutions published or made available by a Publisher User. Each Developer User acknowledges and agrees that other Users of the Site and Services may also independently conceive, create, develop or reduce into practice same or similar PoC Solutions and nothing herein restricts Publisher User’s or other Developer Users’ independent use of such Content, APIs or Solutions or to independently create same or similar PoC Solutions without breach of any confidential obligations hereunder.
Your Content may include Your logo/ mark/ device/ brand/ heading/ label/ ticket/ name/ signature/ word/ letter/ numeral/etc. (“Marks”) which may be protected under the trademark and copyright laws and TCS claims no ownership over such Marks. You hereby grant to TCS worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute and display the Marks in the Site, our publicly-available online and printed materials identifying You and/or the legal entity You represent as a part of the Site, its Services, Evaluations and in the PoC Solutions. You also grant the rights to display Your Marks on homepage of other Publisher Users on this Site which You have connected using the Services.
The Site may provide certain features enabling You to give Your input, comments, ratings, feedback, queries and/or share and/or connect to TCS CUBO team or other Users of the Site, including but not limited to by way of chat rooms, chatbots, message board facilities, news/events, trivia, polls, rating, upload videos, milestones, quiz, video gallery and/or other similar features, etc. (“Interactive Services”). TCS shall have the right, but not any obligation, to monitor Your use of the Interactive Services, and moderate, edit, delete, remove, un-publish, publish, refuse to post/publish or use any of Your Content provided through such Interactive Services, such as communication, views, opinion, comments, ideas, documents, contents, submissions, articles, data (including personally identifiable data), text, images, posts, analysis, statistics, information, videos or photographs, etc. expressed/input/uploaded by You on or using the Site, without any further permissions or approval from You, and covenant that this will not violate your privacy rights. You agree that no remuneration or other consideration will be paid with respect to Your Content or participation in any activity on or through the Site and/or its Services. Further, You agree and acknowledged that as a user of the Site, You may be visible to other users of the Site with whom You may connect or who may connect with You using Interactive Services. Please be careful about what information, including personal information, You disclose in this way.
Such Interactive Services are provided on ‘AS IS’ and ‘AS AVAILABLE’ basis. TCS expressly excludes its liability for any and all loss or damage or injury 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.
Third Party Content and Websites
Through the use of the Site, You may access any third party Content, API’s, Solutions or content services from a third party or services provided or made available by or through a third party website, the accuracy or completeness of the materials or the reliability of the website or any advice, opinion, statement, reports, analysis, statistics, Solution or other information (collectively the “TP Content”) displayed, distributed, sold, licensed through it or otherwise made available or based on the TP Content or website, is not warranted by TCS. TCS is providing the TP Content, or link to the third party websites, if any, only for informational purpose only as an additional resource for convenience and does not provide an endorsement, sponsorship or recommendation to such TP Content, products, services or third party websites. You acknowledge and agree that the access to TP Content or such websites is governed by the terms and conditions of such third party and You undertake to abide by the same. In case any TP Content causes infringement issues, violation of copyright or anything objectionable You may accordingly coordinate with the respective TP Content originator for the same.
You acknowledge that reliance on any TP Content, product or services made available through the use of the Site, suitability for any contemplated use, manner of use and whether any intellectual property rights are infringed shall be at Your own discretion, evaluation, risk and consequences. In particular, TCS does not accept any liability arising out of, or in relation to, any TP Content or website, including without limitation, any allegation relating to TP Content accessed or purchased through the third party website, or that any TP Content infringes the intellectual property rights of any person. The aggrieved person should approach the respective source/entity if they wish to avail any legal remedy under the law. TCS should not be made party to such claims/litigation filed by the aggrieved person. TCS shall not be liable and takes no responsibility for non-compliance by the third party to take remedial actions as requested by You.
You acknowledge that the Site Services, use of APIs or Solutions for Evaluation or in PoC Solutions are not intended for use with or for processing personal or sensitive personal information, protected health information, credit card numbers, financial account numbers, or other similarly sensitive information, and that You assume all risk arising from use of any such information with the Site Services, APIs or Solutions or PoC Solutions, including without limitation, the risk of any inadvertent disclosure or unauthorized access thereto or export.
You acknowledge and agree that Site Content and Services may be subject to local and extraterritorial export controls sanction/embargo laws, rules, regulations and policies ("Export Controls"). You shall not, directly or indirectly, export, re-export, divert or transfer allow use of the Site, Services, APIs, Solutions or PoC Solutions that You create using the Services to any sanctioned, embargoed or designated individuals, entities or destinations or for prohibited purposes in violation of any applicable Export Controls, or export or re-export any Content, software, or technical or personal data (or direct products thereof) in violation of any applicable Export Controls. You represent that You, Your affiliates, respective employees and authorized users are not a person, entity or destination restricted, prohibited, sanctioned or embargoed by Export Controls or listed on list of parties of concern or other early warning systems published by various governments and agencies ("Restricted Person") to which access or use of Site and/or Services or provision of APIs or Solutions, is prohibited by the Export Controls. You are solely responsible for obtaining all necessary licenses or authorizations relating to the re-export, transfer or access of the Site, Services, APIs, Solutions or PoC Solutions, or any portion thereof or technical data (or direct products thereof) and for ensuring compliance with the requirements of such licenses or authorizations. You shall, at Your expense, defend TCS and its affiliates from any third party claim or action made against TCS or its affiliates arising out of Your violation or alleged violation of the Export Controls and shall pay any judgments or settlements reached in connection with such claim as well as TCS and its affiliates' costs of responding to such claim.
In accordance with the Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who will redress your complaints pertaining to violation of rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011:
Name: G Suresh Kumar
Grievance Officer- TCS CUBO,
TATA Consultancy Services Limited
Timings: 09:30 to 17:30
You may send Grievance Officer a notice through email with the information mentioning the disputed matter/issue in detail supported with the following documents/information:
- Document explaining the complained or disputed matter/issue or grievance in detail.
- Ownership/licensee documents, where applicable.
- Specific location, screenshot or URL of the App or Service where the complained or disputed matter/issue is located.
- Your complete mailing address with pincode/zip code, telephone number, and email address.
- Declaration stating that the disputed use is/was not authorized by the owner, its agent, or by the law, in case of violation of intellectual property rights.
- Letter stating that the claim made by You is under penalty of perjury, that the above information in your notice is accurate and have acted in lawful manner with respect to the complained matter or disputed issue; and as an owner or authorized to act on the owner’s behalf in case of violation of intellectual property rights.
Upon receiving of the notice/complaint in the format as requested above, TCS shall evaluate the details, facts and evidences to take further action if required which is appropriate in its sole discretion. You covenant to provide any further information or documents which TCS may reasonably request in order to redress your complaint. If the disputed issue/matter is other than the Terms of this Agreement, then TCS shall not be liable and takes no responsibility for any action or non-compliance to take remedial actions.
For Take-Down Notices relating to Storage of Transient or Incidental Copies of Work under Indian Copyright Act and Rules:
Under the Indian Copyright Rules, 2013 (Rule 75), TCS will accept the notice in writing under section 52(1)(c) in the format as prescribed in Rule 75 sub rule 2. On receipt of the written complaint, TCS if satisfied with the details provided in the complaint shall take measures to refrain from facilitating access for a period of 21 (twenty one) days or till TCS receives an order from the competent court refraining the access, whichever is earlier. In the event no such order is received before the expiry of twenty-one days, TCS may restore access to such content or matter.
You agree to indemnify TCS for all claims brought by a third party against TCS arising out of or in connection with the submission of the notice/complaint.
THE SITE AND THE CONTENT, INFORMATION, MATERIALS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR ERRORS. THE SITE AND THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TCS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE SITE AND ITS SERVICES / CONTENT WILL MEET YOUR REQUIREMENT, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, VIRUS-FREE OR ERROR-FREE, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TCS FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE AND/OR THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
IN NO EVENT, TCS, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS OR SERVICE PROVIDERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS (“RELATED PARTIES”) SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER FOR ANY USE OF THE SITE AND/OR THE SERVICES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST USE, DATA OR PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TCS OR ITS RELATED PARTIES IS/ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TCS shall not be liable for any failure or delay in the performance of its obligations under this Agreement for any failure or delay caused by any reason beyond its reasonable control, such as fire, flood, earthquake, epidemic, pandemic, elements of nature or acts of God, acts of state, strikes, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action (a "Force Majeure Event").
Notwithstanding anything contrary to elsewhere in this Agreement, You agree to indemnify, defend, and hold harmless TCS and its Related Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) Your use of the Site, Content or your use or attempted use of the Services in violation of these Terms; (b) Your violation of any law; (c) Your breach of Your obligations or representations and warranties; and (d) Your violation of rights of any third party including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Term and Termination
Denial Of Access And Termination Of Usage Rights
In case of non-compliance with the Terms of this Agreement or any rules and regulations for access or usage of the Site, the Content or the Services, TCS shall have the right to immediately terminate the Your access or usage rights and may remove any noncompliant information.
These Terms are effective until terminated by TCS or You. TCS, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). TCS shall not be liable to You or any third party for suspension or termination of the Site, the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site and/or the Services in any way, your only recourse is to immediately discontinue use of the Site and the Services. These Terms stand automatically terminated in case the Site or a Service stops functioning permanently or TCS decides to bring down the Site or a Service for any reason whatsoever or TCS decides to discontinue rendering Services or TCS ceases to exist under the provisions of the Companies Act or due to operation of law TCS is not allowed to render any Services under the Agreement or for any other unforeseeable and/or unavoidable circumstances. Upon termination of these Terms, you shall cease all use of the Site, the Content and the Services. Termination of this Agreement will not affect or prejudice any rights of TCS or Your obligations accruing up to and including the date of termination, under those provisions of this Agreement which, by their nature, survive termination.
Governing Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of India.
All disputes or differences whatsoever arising out of or in relation to the construction, meaning and operation or effect of these Terms or breach thereof, shall be subject matter of arbitration under the Arbitration and Conciliation Act 1996 and any subsequent amendments or re-enactments related thereto, unless settled amicably between You and TCS, be referred to arbitration and such arbitration shall be conducted in accordance with the rules of arbitration of the Bombay Chamber of Commerce and Industry ("BCCI"), which rules, as modified from time to time, are deemed to be incorporated by reference into this clause (the “Arbitration Rules”) by an arbitration panel comprising of a sole arbitrator.
The arbitration panel as referred to above shall be appointed by the BCCI. The arbitration panel shall deliver the award in the arbitration proceedings within three (3) months from reference of any dispute to arbitration. The venue of arbitration shall be Mumbai, India and the award passed by the arbitration panel shall be final and binding upon You and TCS.
Nothing herein shall prohibit TCS, its affiliates or Publisher User 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 terms and conditions and/or infringement of intellectual property rights or other proprietary rights or confidential information, or from bringing and pursuing legal action to specifically enforce the provisions of this clause.
Changes to or Discontinuation of Services: TCS may change, discontinue, or deprecate the Services or any part or portion thereof or change or remove features or functionality of the Site and/or the Services from time to time, including by providing additional Content through the Service from time to time, or introduction or discontinuance of APIs or Solutions. TCS may amend the Site from time to time to modify, add, or remove Content, Services or terms that apply to one or more of the Services.
Modifications to the Agreement: TCS may modify this Agreement (including any policies or notices) at any time by posting a revised version on the Site. The modified Terms of Service will become effective upon posting. You may be notified through the Site about updated Terms of Service and/or policies or notices at the time of next login, however, to keep abreast of Your rights and relevant restrictions, please bookmark this Agreement or the page on which this Agreement is posted and read it periodically. By continuing to use the Site and/or the Services after the effective date of any modifications to this Agreement or policies or notices, you agree to be bound by the modified terms, policies and notices. It is your responsibility to check the Site regularly for modifications to this Agreement. The date on which this Agreement was last modified is listed at the beginning of this Agreement. If you object to the modified/updated Agreement, as your exclusive remedy, you may immediately stop using the Site and its Services.
These terms and conditions form a legally binding agreement between You and TCS and are the entire agreement between You and TCS regarding access and use of the Site, the Content and the Services and supersede any prior or contemporaneous, conflicting or additional understandings or agreements or communications (written or oral). Failure to exercise or delay in exercising any right or remedy under these Terms or law by TCS 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. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not affect the other provisions of this Agreement and the unenforceable or invalid provision shall be construed to be amended in order to avoid such unenforceability or invalidity while preserving as closely as possible the intent of the parties. This Agreement shall not be construed as a teaming agreement, joint venture, partnership or other business relationship. You shall not sell, transfer or assign any right or obligation hereunder without the prior written consent of TCS. Any assignment in violation of this provision shall be void. This Agreement may be assigned by TCS without restriction or notification to You. TCS, its Affiliates and Publisher Users may be third party beneficiaries of this Agreement and entitled to enforce their rights under this Agreement. No other third party is intended to be beneficiary to this Agreement entitled to enforce its terms directly. Headings in this Agreement are for reference purpose only and shall not affect the validity or interpretation of the clauses.
API means application programming interfaces and includes specification file usually in the form of Swagger/OpenAPI specification document, including all associated tools, elements, components and executables therein, any sample code, example response definition and documentation that help enable your access to the APIs.
Content includes all data and information, including all text, sound, video, or image files, graphics, designs, logos, data compilations, links, content of any database, test data, test scripts, etc.
Evaluation means evaluation, proof-of-concept, proof-of-technology, demonstration, pilot or other testing or trial in a sandbox environment using test/dummy data for a limited period not exceeding 90 days by TCS or other Users, their affiliates or their respective customers.
Evaluation Data means any and all Content input, uploaded, stored, introduced in or processed using Publisher’s APIs or Solutions or otherwise furnished or made available to Publisher User by or on behalf of Developer User or its customers in relation to use of the Publisher User’s APIs or Solutions, and transmission, transfer, archival, conversion or use of any such Content, and any use cases, test cases, models or other information arising out of use of Publisher User’s APIs or Solutions and their derivatives or extracts.
PoC Solution means a solution created by utilizing the Content, APIs and/or Solutions made available on or through the Site, or as may be requested by TCS, either alone or as interfaced or integrated with any other systems, programs, extensions or applications by TCS or any User for Evaluation by TCS or such User, its affiliates or its/their respective customers.
Solution means computer programs and systems, whether embodied in software, firmware, interface or integration code, assembly code, microcode or otherwise, including, software compilations, software implementations of algorithms, software tool sets, compilers, assemblers, testers, and software models and methodologies (regardless of the stage of development or completion) including any and all: (a) media on which any of the foregoing is recorded; (b) forms in which any of the foregoing is embodied (whether in source code, object code, executable code or human readable form); (c) translation, ported versions and modifications of any of the foregoing and (d) technology used for any of the foregoing.
© Copyright 2023, Tata Consultancy Services Limited, All Rights Reserved.
Your privacy is important to us. We believe it is important for you to know what personal data we, Tata Consultancy Services (“TCS” or “we”), collect from you (and third parties), why we collect it, how we use it and what rights you might be entitled to as a data subject or consumer.
Please note: all information in this privacy notice is applicable to you unless otherwise indicated based on your residency status. For the additional terms which may be applicable to you based on your residency status, please refer to your country-specific terms at the end of this notice.In this notice, term “personal data” is used to represent any information relating to an identified or identifiable person; country-specific notices might adopt a different terminology.
We encourage you to read this notice, together with any additional and more specific information we may provide to you on various occasions when we are collecting or processing personal data on TCS websites, products or applications, events and initiatives so that you are aware of how and the purpose for which we are processing your personal data.(Please note: We issue a different privacy statement which applies where there is an employment relationship between TCS and its employees.)
How we will use your personal information
We may collect different kinds of personal information in a number of different ways and use it for a number of different purposes:
To ensure access to our website and online services.
In general, you can visit TCS on the World Wide Web without telling us who you are. Our web servers or Affiliates who provide analytics and performance enhancement services may collect:
- IP addresses,
- operating system details,
- browsing details,
- device and connectivity details, and/or
- language settings.
This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. TCS uses this information to measure the site usage, improve content and to ensure safety and security as well as enhance performance and user experience of the website. In few situations, you are required to register to access a reserved area of the website: in these cases, we will also collect your username and the password.
We may also obtain data from third parties including:
- Social networks, when you grant permission to us to access your data on one or more networks through our website.
- Service providers that help us determine a location based on your IP address in order to customize offerings and content to your location.
- Partners with whom we offer co-branded services or engage in joint marketing activities.
To answer your queries, support and contact requests.
If you contact us with queries, requests for more information about initiatives or products or other generic support inquiries, we will need to collect information about you such as:
- personal and contact details, like full name, company and role, email address,
- demographic data,
- qualifications and profession, and/or
- the content of your messages to us.
For information about managing your contact data, email subscriptions and promotional communications, please use the contact us form on the tcs.com or affiliate websites where you had given your Personal data.
Subscriptions to our promotional communications.
If you sign up to receive promotional communications from TCS, we may send these by email, SMS/text messages, post, telephone or any other means of communication. For information about managing your contact data, you may reach out to the contact details provided in the event privacy notice, or you may use the contact us form on the tcs.com or affiliate websites where you had given your Personal data.
To administer events and activities.
TCS frequently organizes events and initiatives, either free to join or by invitation only; in these cases, this privacy statement applies to both participants and speakers, together with any other supplementary information that is provided in relation with each event. To allow participants to join the events (including communications pre and post event), we are required to collect and process a limited amount of information, such as:
- full name,
- company, job title and business email address,
- telephone number,
- location, and/or
- pictures and video of you.
Where a hospitality service is provided, we may also collect, store and process “special categories” of more sensitive personal data(SPI), such as information regarding any dietary requirements or personal disabilities. This will be done only and to the extent permitted by the law. Events might be recorded hence pictures and video of you may be collected too; in such case, you will be informed via a specific notice at the location of recording. This material can be used later by TCS for further compatible purposes in accordance with the notices you receive. Also, during the course of the events, we may collect from you data about yourself, which we later may use to contact you again in order to receive feedback and/or provide further commercial information about TCS; this may be done with your consent, wherever necessary.
We may also obtain data from third parties including third party event organizers where the event is sponsored by TCS. Organizers might provide the attendee list. In such cases, the privacy statement of those third parties to whom you provide your personal data will apply to you.
To promote the TCS brand, products, initiatives and values with marketing communications.
TCS has a strong legitimate interest in promoting its brand, products, initiatives and values. We may send you marketing communications through different channels, such as email, texts, phone calls or regular mail; to do so, we might use your contact details which were previously collected in the context of an event, a query sent by you or through the navigation on our websites. We may also obtain your personal information from third parties, such as business partners, data brokers, social networks, publicly available sources and marketing companies. In such cases, we will also comply with any additional restrictions imposed by the region in which your data was collected as well as the source of the data. If required by applicable legislation, we will ask for your consent separately before sending any marketing communications. You can opt-out of receiving such communications at any time using the contact us form on the tcs.com or affiliate websites where you had given your Personal, writing to our Data Protection Officers or Chief Privacy Officer (see section below) or by any other given method provided from time to time (for example: unsubscribe link included at the bottom of emails).
From time to time, we may use your name, quotes, pictures or videos to promote and amplify TCS’ brand and activities. In any such case, you will receive appropriate additional information about the usage of your personal data.
To manage, administer and fulfill the obligations under contracts, and regulations
Where TCS is in a contractual relationship with you (other than an employment relationship), your employer, your company or is taking steps to enter into such a contractual relationship, we may need to process your personal information, usually limited to name, business contact details and job title in order to enter into and/or fulfill the obligations arising from the same contract, such as providing you or your employer or company with the services you have requested or make use of the services that you or your employer or company are offering to us. We will also process such personal data for ancillary tasks related to our daily business activities, such as accounting, auditing, reporting (to regulators and authorities) and to comply with applicable regulations.
If you do not provide certain information when requested, it may delay or prevent us from administering a service you have requested from us, or in replying to your queries and/or in letting you join our initiatives.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose and applicable law. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How we will share your personal information
We may share your data with third parties, including third-party service providers and other entities in the TCS Group. Please note, TCS has not in the past, nor does it currently, under any circumstances sell your personal data from or to any third party. Further, TCS does not use your personal data for any other purpose (as outlined below) unless required to fulfill a legal obligation or a legitimate business purpose where permitted by law.
Why might you share my personal data with third parties?
We may share your personal data with third parties where required by law, where it is necessary for one of the activities mentioned above or where we have another legitimate legal basis in doing so. We require third parties to respect the security of your data and to treat it in accordance with the law. Where required by the law, we will request your consent before transferring data to third parties which are not part of the TCS Group.
Which third-party service providers process my personal data?
”Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities may be carried out by third-party service providers: hosting and other internet services, data storage and analytics, marketing research and campaign management, event organizers and caterers. All our third-party service providers are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions and applicable law. We may also need to share your personal data with regulators or to otherwise comply with the law.
When might you share my personal data with other entities in the group?
We may share your personal data with other entities in the TCS Group as part of our regular reporting activities on company performance, in the context of a business reorganization or group restructuring exercise, for system maintenance support and hosting of data and when it is required to do so in order to perform one of the activities listed above (see "How we will use information about you"). Other entities in the TCS Group are required to take appropriate security measures to protect your personal data in line with our policies.
Transferring your personal data outside of your country of residence
We may transfer the personal data we collect about you to one of more countries of your country of residence or outside of the country in which you access this website, including India, in order to perform one of the activities listed above (see "How we will use information about you"). – In such cases, we have put in place the appropriate measures to ensure that your personal data will be secure according to the laws of the country in which you reside. If you require further information about these protective measures, you can request it from our Data Protection Officers (see contacts below) or send an email to email@example.com.
How we will keep your information safe
We have put in place appropriate technical, organizational and security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long we will keep your information
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal data are available in our retention policy upon request from our Data Protection Officers (see contact details below). To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you.
How to contact us
If you have a have a privacy concern, a complaint or a question regarding this privacy statement, please direct it to the Chief Privacy Officer of Tata Consultancy Services at firstname.lastname@example.org or contact us through the "Contact us" form on tcs.com or affiliate websites where you had given your Personal data indicating your concern in detail.
For the purposes of the data processed under this statement, the controller or business/service provider for the data processing of your personal data collected through our websites is Tata Consultancy Services Limited, TCS House, 2nd Floor, Raveline Street, Fort Mumbai 400 001, India. For all the other purposes indicated above, the controller or business/service provider is the same entity unless indicated otherwise in other privacy statement communicated in each situation.
Right to withdraw consent
In the limited circumstances and based on your country of residence; where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you may have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Protection Officers (see contacts below). Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legal basis for doing so.
Please find below the list of region wise Data Protection Officers
We have appointed Data Protection Officers (DPOs) to oversee compliance of TCS with applicable data protection laws and with this privacy notice. If you have any questions about this privacy notice or how we handle your personal data, please contact the DPO in your region:
|Data Protection Officer for UK and Ireland||Data Protection Officer for Canada||Data Protection Officer for Continental Europe||Data Protection Officer for the United States||Data Protection officer for Brazil||Data Protection Officer for LATAM||Data Protection Officer for APAC||Data Protection officer for South Africa|
Please refer to region specific privacy regulations below:
- EU/EEA: Click here
- US: Click here
- UK: Click here
- South Korea: Click here
- Canada: Click here
- Brazil: Click here for EnglishClick here for Portuguese
- Australia: Click here
- New Zealand: Click here
- APAC: Click here
- Argentina: Click here for EnglishClick here for Spanish
- Chile: Click here for EnglishClick here for Spanish
- Colombia: Click here for EnglishClick here for Spanish
- Ecuador: Click here for EnglishClick here for Spanish
- Mexico: Click here for EnglishClick here for Spanish
- Peru: Click here for EnglishClick here for Spanish
- Uruguay: Click here for EnglishClick here for Spanish
- Malaysia: Click here for Malay
- South Africa: Click here
- China: Click here for EnglishClick here for Mandarin
Changes to this privacy statement
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal data.