Preamble / Website Content
- This website, http://www.octest.in/asm-japan/, (hereinafter referred to as “the Website”) is created and maintained by or for ASM Technologies Limited (hereinafter referred to as “ASM,” which includes its subsidiaries), having its Corporate Office at 80/2 Lusanne Court, Richmond Road, Bangalore – 560 025, Karnataka, India.
- Visitors to the Website (hereinafter referred to as “Users”) are bound by the following terms and conditions. Please read these carefully before continuing to use the Website. ASM reserves the right to revise these terms and conditions at any time.
- In no event shall ASM be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, etc,) arising out of the use of the Website or the inability to use it, or any information provided on the Website.
All materials, including illustrations, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) appearing on this website are owned or controlled by ASM and/or its subsidiaries, affiliates and content suppliers and are protected by intellectual property laws. The Content of this website, and the website as a whole, are intended solely for personal use by the users of this website. Users may not copy Content from this website, or otherwise modify, obscure or delete any copyright or other propriety notices on this website. No right, title or interest in any materials or software, if applicable, on this website is transferred to user from their use of this website. Users may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this website, or any related software without the prior written authorization of ASM.
Disclaimer of Warranties:
- While all reasonable care has been taken in preparation and providing the information on the Website, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, the ASM does not guarantee and shall not be liable for the completeness/accuracy or for any or all consequential liabilities arising out of the use of any information or content on the Website.
ASM does make no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.
- No warranty is given that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful features.
Limitation of liability waiver:
Under no circumstances will ASM be liable to the users for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the content; (c) user content; (d) use of or inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the ASM parties or law enforcement authorities regarding the use of the service by user; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other
malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the ASM parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service) in no event will the ASM parties be liable to user or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to user. Users agree that in the event they incur any damages, losses or injuries that arise out of ASM’s acts or omissions, the damages, if any, caused to user are not irreparable or sufficient to entitle user to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the ASM parties, and user will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the ASM parties by accessing the service, user understand that user may be waiving rights with respect to claims that are at this time unknown or unsuspected. ASM is not responsible for the actions, content, information, or data of third parties, and user release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim user have against any such third parties.
User/s agree to indemnify, defend and hold ASM harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees arising out of or relating to any misuse of the information or content provided on the Website by them.
Governing Law and dispute resolution:
The user agrees to resolve all disputes amicably and if not settled the same shall be resolved through legal course. The Agreement and the relationship the User and the ASM shall be governed by the laws of the Republic of India. The User and ASM agree to submit to the personal jurisdiction of the courts located within Bangalore, State of Karnataka. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The information presented on this website has been compiled by ASM from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This website may contain typographical errors, incomplete or out of date information. ASM reserves the right to change, modify or discontinue any aspect of the Website at any time, including any information or to the services described therein, or update such information at any time without notice, but ASM makes no commitment to correct or update this information or its contents or features.
ASM reserves the right to collect, analyze and disseminate the patterns of usage of the Website by all its Users. This includes sharing of information with its business associates as a general business practice. All right not expressly granted herein are reserved.
Subject to user’s compliance with these Terms, ASM grants user a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and use any content, information and related materials that may be made available through the website, in each case solely for user’s personal, non commercial use. Any rights not expressly granted herein are reserved by ASM.
Copyrights & Trademarks:
Except as otherwise stated on the Website, all information or content on the Website is the exclusive property of ASM or its subsidiaries. No information or content on the Website may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without the prior written consent of ASM, except as otherwise specifically permitted on the Website.
ASM is a registered trademark of ASM Technologies Limited. All trademarks, service marks, logos, trade names on this website, are proprietary to ASM unless otherwise stated. No use of these may be made for any purpose whatsoever without the prior written authorization of ASM.
Unauthorized use of any information or content appearing on the Website shall violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Users’ right to privacy is of paramount importance to ASM. Any personal information provided by Users or automatically imported by the Website shall be entitled to privacy and will be kept confidential. By providing personal details to ASM, Users are consenting to its use in accordance with privacy practices. While ASM assures that it will do its best to ensure the privacy and security of Users’ personal information, it shall not be held responsible in any manner whatsoever for any violation or misuse of the Users’ personal information by any person(s).
Informations collected from the user:
- User’s Account Information.User may choose to give us personal information, such as user’s name, e-mail address, company name, or telephone number that may be needed, for example, to correspond with user, to download our white papers or to provide user with a subscription. If user tell us that user do not want us to use this information as a basis for further contact with user, we will respect the wishes of the user. We intend to protect the quality and integrity of user personally identifiable information. We will make a sincere effort to respond in a timely manner to requests of the user to correct inaccuracies in the personal information of the user.
- User recognize and understand that there is no compulsion on user to provide us with the personal information of the user and any and all personal information provided by user to us is with the full consent of the user, own volition and desire to provide such personal information. User does understand that we are under no obligation to verify the source from which the personal information about user is provided to us, and they are deemed to be provided by user. ASM uses this information to get valuable feedback from the experience of the user on our Website or on our events.
- Customer Support.User may provide us with information related to use of our website and how to contact user so we can provide user customer support. For example, user may send us an email with information relating to rating our website or other issues.
Collection of personal information for propagating business:- In some circumstances, ASM may request for some personal information from user, like user’s name, e-mail address, company name, or telephone number. User is at liberty to respond or not to respond to these inquiries and any and all information provided is strictly voluntary. However, there are areas of the sites that require this information to complete certain functions, and may not be available to those choosing not to reveal the information requested.
ASM does not rent, sell, or share personal information about user with other people or non-affiliated companies except to provide products or services user has requested, when we have the permission of the user, or under the following circumstances:
- We provide the information to trusted partners who work on behalf of or with ASM under extremely strict confidentiality agreements. These companies may use the personal information of the user to help ASM communicate with user about offers from ASM and our marketing partners.
- These companies do not have any independent right to share this information We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
- We transfer information about user if ASM is acquired by or merged with another company.
Links to Third-Party Sites:
The Website may also provide links to other websites. These links are provided solely as a convenience to Users and these websites are not under ASM’s control. Each individual site has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third party links and pointers. ASM is not responsible for the privacy practices or the information or content of these websites. Users shall bear all risks associated with the use of such websites.
How We Use Information:
We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services.
- ASM may also use the personal information of the user for its other business purposes or in order to help serve user better, be it by informing user of new services, products, alliances or announcements etc that could help user in their business.
Our Privacy Statement:
ASM Technologies Limited has created this privacy statement in order to demonstrate our company’s commitment to privacy. The following discloses our information gathering and dissemination practices for our website http: //www.octest.in/asm-japan/ as well as any events or initiatives that we may participate in. In general, user can visit ASM’s websites or stalls at events without telling us who the user is and without revealing any information about them. There are times, however, when we may need information from user.
Cookies and other technologies:
We sometimes collect anonymous information (cookie) from visitors to our sites to help us provide better customer service. We ASM use these cookies to understand, secure, operate, and provide our Services For example, we keep track of the domains from which people visit and we also measure visitor activity on ASM website, but we do so in ways that keep the information anonymous. ASM or its affiliates or vendors may use this data to analyze trends and statistics and to help us provide better customer service. We maintain the highest levels of confidentiality for this information, our affiliates and vendors follow the same high levels of confidentiality. This anonymous information is used and analyzed only at an aggregate level to help us understand trends and patterns. None of this information is reviewed at an individual level. If user does not want his transaction details used in this manner, the user can either disable his cookies or opt-out at the download or request page.
How to control cookies:
To modify cookie settings of the user, in case he does not want his transaction details used in this manner, user can either disable his cookies or opt-out at the download or request page. Please note that if user set his browser or device to disable cookies, certain of our Services may not function properly.
Other Terms & Conditions:
ASM may terminate Users’ access to the Website at any time, for any reason, without giving notice. The terms regarding warranties, damages and indemnification shall survive such termination. These terms and conditions are governed by and to be interpreted in accordance with the laws of India. Nothing contained in the Website or in the aforesaid terms and conditions shall be construed to create a privity of contract between the Users and ASM. In case of any questions on the aforesaid terms and conditions, write to: email@example.com
ASM may, if user so choose to send direct mailers to user at the address given by user. User has the option to ‘opt-out’ of this direct mailer by way of links provided at the bottom of each mailer. We respect user’s privacy and in the event that user chooses to not receive such mailers, we will take all steps to remove the user from the list.
Anti Spam policy:
Closing of this Website Term Agreement:
This Agreement constitutes the entire agreement between the User and ASM with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and ASM with respect to this Web site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any right not expressly granted herein are reserved by ASM.