Refund And Cancellation

Refund and Cancellation Policy Of BotsDekho SaaS Application

 Terms of Use

(Last Updated 15/07/2021)

 

These terms of use, along with the Privacy Policy, and any other specific agreement signed between the parties, constitute an agreement established by and between Girnar Software Private Limited (hereinafter referred to as “Company” or “Our”) and any user of the Website, Services and/or Platform (hereinafter referred to as "you" or "your"). Please read these terms of use (“Terms/ToU”) carefully before using www.botsdekho.com.

These terms define the terms and conditions under which You are allowed to use the Website, Platform and Services (defined below) [collectively as “Offerings”]. By using our Website, Platform or Services, You signify Your acceptance of these Terms and thereby consent to be bound by these Terms.

THESE TERMS OF USE ARE ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. These Terms apply to all users of any or all of the offerings.

  1. Acknowledgement:

Entire Agreement: These Terms together with below-listed documents/policies (without limitation) available either at Website or entered separately by Company with You, as applicable, and all other notices, rules, guidelines issued by the Company with respect to Your use of Offerings constitutes the entire agreement (“Agreement”) between Company and You.

  1. Privacy Policy
  2. Service Agreement / OTT Communications SaaS Agreement (if applicable)
  3. Service Order (if applicable)

 

You acknowledge and agree that Your usage of the Offerings is strictly regulated and governed by the terms and conditions of the Agreement.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE, CREATING YOUR ACCOUNT AS A USER, ACCESSING ANY MATERIAL, INFORMATION OR SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE OFFERINGS PROVIDED BY THE COMPANY HEREIN.

It is further acknowledged by You that Company may use third-party service providers to assist Company in improving our Offerings and to monitor Your interests and activities and thus You hereby authorize Company and/or any third-party service providers engaged by Company to collect, use, store, analyze, reproduce, publish, and adapt (either on its own or through a third-party service provider) the information in relation to You, Your use of the Offerings for data analysis, innovation opportunities, improving Your experience on the Offerings and for other internal purposes. If You do not want the Company to avail, collect, store, or transmit the personally identifiable information and information related to You, please intimate the Company via an email regarding Your choice to opt-out from such collection of data and cease using the Offerings. You further acknowledge and agree, that to improve Your experience in relation to the use of the Offerings You may be subject to additional terms and conditions of the third-party service providers, as applicable.

However, it is hereby stated that Company shall not be responsible for any service availed by You from any third parties or any payment made by You to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by You to such third parties. If you click on the links to third-party websites, you leave the Website and would be governed by the policies of such third party. Additionally, Company shall not be responsible for the content of these third-party websites or the security of Your personal information when You use the third-party websites.

Any information provided either through or at Website is only for information purpose and such information, does not substitute any specific terms and conditions of subscription and/or Agreement entered between You and Company, and shall not be used as advice and is not intended to provide You with any nature of certification, guarantee or warranty. You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website. It is further agreed that Company shall not be liable in any manner whatsoever for any decisions, obligations, costs, or expenses incurred by You by placing reliance on the information so disclosed, transmitted, received, or exchanged on the Website solely.

By accessing, browsing and using the Offerings, You agree and acknowledge that this restricted use and accessing, browsing or using the Offerings is out of Your own free will, discretion and responsibility.

  1. Eligibility:

 

Services available through or use of the Offerings is available only to persons who have attained majority (18 years of age or more) and who are legally competent to form a contract under the Indian Contract Act, 1872 (as amended from time to time), or any other act or enactments to which the person is subject.

Persons who are incompetent, to make a legal and valid contract, for any reason whatsoever (minor, lunatic,  undischarged insolvent or otherwise) are not eligible to use Our Offerings. BY ACCESSING/USING OUR OFFERINGS, YOU REPRESENT TO THE COMPANY THAT YOU ARE MAJOR AND LEGALLY COMPETENT TO FORM A VALID CONTRACT UNDER THESE TERMS.

Further to this, Compa        ny reserves its right, without assigning any reason, to restrict/limit/terminate Your access to the Offerings or any other product available through or at Website and/or Platform. This right of suspension/termination of Offerings of Company, is in addition to any other remedy available to Company, for access & usage of Our Offerings, which is in contravention of any of the terms and conditions of the Agreement or any applicable law.

  1. Definitions:

 

For these Terms:

  1. “Content” shall mean all data, information and other content in any format (including text, audio and image) provided by You (including on behalf of any third party) to be sent to End-Users via the Platform. 
  2. “Customer Support Window” means period of 24 (twenty-four) hours starting from the last WhatsApp MO Message received by You through Platform, sent by Participant using WhatsApp App.
  3. “Documentation” shall mean the standard user documentation published by the Company describing the use of the Platform and any technical documentation that describes the design of the Platform.
  4. “End-Users”  shall mean any and all persons who have properly “opted-in”, consented or subscribed to receive the applicable message and Content from You.
  5. “Highly Structured Message” or “HSM” shall mean a set of text questions or statements or templates created by or on Your behalf through Your account in order to be posed upon or displayed to the Participant(s) for initiating conversation with Participant and receiving certain text responses from or for otherwise communicating with the Participant(s) using the Services, as will be approved by WhatsApp. The definition shall modified to the extend of any changes made therein by WhatsApp from time to time.
  6. “Interaction” shall mean and include an HSM and the corresponding Session.
  7. “Participant” shall mean any such person who interacts with or uploads any information in response to, any Session created through the Services and such act of interaction or uploading of information shall be referred to as “participation”, “participating” or “participated” in the Session.
  8. “Service Agreement / OTT Communications SaaS Agreement” shall mean an agreement to cover scope of Services, subscription terms, subscription period, additional services, and such additional terms and conditions and commercials as may be mutually agreed between the parties thereto.
  9. “Service Order” shall mean a service order executed between the parties according to the Service Agreement/ OTT Communications SaaS Agreement.
  10. “Session” shall mean a communication cycle between the Participant and You through the Services comprising of series of text messages uploaded by the Participant and You proactively or in response to a question or statement while participating in a Session which communication cycle corresponds to and follows a particular HSM, provided that length of any such communication cycle does not exceed the lesser of: (a) time period between delivery of corresponding HSM and delivery of subsequent HSM, and (b) 24 (twenty-four) hours.
  11. “WhatsApp MO Message” means each message sent by the Participant using WhatsApp App through Platform to You.

 

  1. Description of Services:

 

    1. Access to Offerings:  Services shall mean software (“Platform”) as a service on a term-use basis to provide:
      1. chatbot solution, including customizations, to You with a facility of creating, operating and monitoring various text messaging-based sessions in such languages as specified in the Agreement. Company will render the aforesaid Services using software applications that run automated tasks over the internet, popularly known as BOTs using a web-based platform ‘BotsDekho’, developed, owned and managed by the Company. The Services will be provided for and the Sessions can be created on the following channels:
  1. A website duly owned by or licensed to You; and
  2. A WhatsApp Business Account registered under the Your name.
      1. (if agreed under the Agreement) WABA Management Services, to You wherein Company will facilitate creation of a WhatsApp Business Account (“WABA”) in Your name through one of its service providers (“WABA Provider”) which will enable You to Interact with the End-Users over WhatsApp App and manage WABA on Your behalf. Company will facilitate aforesaid Services through the platform developed by WhatsApp, Inc. (“WhatsApp”) that consists of a VoIP system, messaging service, groups and other means of communication which can be installed on mobile devices (“WhatsApp App”) as offered by WABA Provider. The Services provided under this para shall be subject to the terms and conditions of the agreement executed between Company and WABA Provider in this regard (“WABA Provider Agreement”) and responsibilities and obligations of service recipient under the WABA Provider Agreement shall apply to You. You also accept, acknowledge and agree to comply with the below terms as issued and amended from time to time by WhatsApp and to be also applied to Your usage of the WABA Management Solutions under the Agreement:
  1. WhatsApp Business Solution Policy (found at https://www.whatsapp.com/legal/business-solution-policy/)
  2. WhatsApp Business Solution Terms (found at https://www.whatsapp.com/legal/business-solution-terms/)
  3. https://www.whatsapp.com/legal/business-terms-for-service-providers/
  4. https://www.whatsapp.com/legal/business-terms/

The Company on Your behalf will be able to push the following types of messages using the Services through WABA:

  1. HSM that You shall use when initiating conversation with Participant. Every HSM shall be approved by WhatsApp before it can be used.
  2. A communication cycle between the Participant and You i.e. a Session which corresponds to and follows a particular HSM.

 

    1. Subject to compliance of all terms and conditions of this Agreement by You, Company shall grant You a non-exclusive, non-sublicensable, non-assignable, non-transferable access to use either of the Offerings (including requested customizations, if any) on a subscription basis for Your internal business during the subscription period and within the territory as mentioned in the Agreement. The access granted herein is contingent upon the Company’s receipt of the applicable fees and taxes due for the subscribed Offerings.

 

    1. Integration: In case expressly agreed between You and Company and subject to compliance of all terms and conditions of this Agreement by You, Company will provide You with a dashboard and an API protocol-based interface (“Interface”) to utilize the Services. You hereby agree and acknowledge to use the Services via the Interface only and shall follow usage restriction as mentioned in the Agreement. In an event of any integration of the Services with any third-party channel such as a WhatsApp to provide WhatsApp integrated chatbot solutions, all requisite cooperation, information, documents, access, and support shall be provided by You and the integration charges for integration of Services with such Channels during the subscription period shall be charged by the Company separately. All the obligations to comply with the applicable law and separate terms and condition for such third-party Channels shall be the Your sole responsibility only and no liability shall arise for the Company arising out of the use of third-party Channels by You.

 

  1. Usage Restrictions: You represent, covenant and warrant that You, directly and/or indirectly, alone or through any parent, subsidiary, affiliate, agent, user or other third parties shall not:
    1. sell, lease, rent, transfer, distribute, outsource, loan, license, sublicense, encumber or otherwise deal with any portion of Offerings and/or any documentation access whereof is provided by Company;
    2. decompile, disassemble, or reverse engineer any portion of the Website and/or Platform or attempt to discover any source code or underlying ideas or algorithms of Website and/or Platform;
    3. modify, create any derivative work based on the Offerings or any Company’s Intellectual Property Rights or Confidential Information;
    4. use the Offerings to provide processing services to third parties, commercial timesharing, rental or sharing arrangements, or on a “service bureau” basis or otherwise use or allow others to use the Offerings for the benefit of any third party;
    5. provide, disclose, divulge or make available to, or permit the use of the Offerings by persons other than authorized users without Company’s prior written consent; 
    6. use Offerings on third party’s software, tool or application without Company’s written consent;
    7. Endanger, interfere, compromise or circumvent the privacy, use, security of the Offerings, including, without limitation, submitting data or content that may contain viruses or other harmful components;
    8. Breach any duty toward, or rights of, any person including, without limitation, rights of publicity or privacy, or take actions that can otherwise result in fraud, liability, tort, breach of contract, injury, or damage or harm of any kind to any person;
    9. Use the Offerings in any manner that interferes with or disrupts the integrity or performance of the Offerings and their components;
    10. attempt to gain unauthorized access to any other user’s account, Website and/or Platform, any portion or feature of the Website and/or Platform, any other systems or networks connected to the Website and/or Platform, or any computer resource/servers, of Company connected with the Website to provide the Services.
    11. access the Offerings by hacking, password mining or any other illegitimate means including any derivates thereof through manual and/or automated means including but not limited to page scraping, data mining, data gathering, indexing, using software, devices, bots, crawlers, spiders, scripts, deep links, browser plug-ins or breach/disregard/violate any limitations/instructions in robot.txt file if any embedded in Website and/or Platform or URLs;
    12. probe, scan or test the vulnerability of the Website and/or Platform or any network connected to them, nor disrupt, interfere, breach the security or authentication measures on the Website and/or Platform or any network connected to them or cause any harm to the Website, Platform, system resources, servers of Company connected to or accessible through the Website and/or Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any other account on the Website and/or Platform not owned by You, to its source, or exploit the Offerings in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your information;
    13. use the Offerings for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
    14. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded including any copyright and proprietary notices or labels on the Website and Platform;
    15. violate any code of conduct or other guidelines, terms of this Agreement which may apply for or to any particular Service;
    16. make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name, trade name or domain name used by Company or otherwise engage in any conduct or activity that might spoil the image or reputation of Company or otherwise;
    17. store, post, distribute or transmit programs, code, agents or links of any materials which can cause harm, including viruses, worms, trojan horses and malware to computer or servers of Company;
    18. use the Offerings to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or any third party’s rights of publicity or privacy;
    19. create product/service that functions substantially the same as the Offerings and offer it for use by third parties;
    20. Allow or encourage anyone else to commit any of the actions listed herein.

 

    1. ComplianceYou shall comply with all applicable laws and the rules with respect to the Content, use of the Offerings in general and otherwise in connection with exercising/performing Your rights and obligations under Agreement. 

 

    1. User Login: In case agreed with You, the Company will create user logins (“User Logins”) for You and/or your authorized personnel to provide access to the Services. Please note that You shall not use the Offerings without any User Login generated by the Company. In such a case, subject to Your compliance with the Agreement and any other applicable law, rule, Company recognizes You as a registered user (“Registered User”) and You can log in to Your account and avail the Services and access to other features and information. If You use or access Website and/or Platform or avail any Services through or at Website and/or Platform as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your account to any other person and that any activity occurred under Your account shall be Your responsibility. You agree that when You provide Your Information while registering/creating Your account with Company, You shall not provide any information which untrue, false, inaccurate, or not current and shall not use the details of any other person, or another user’s account. Company may suspend/delete Your account or can limit/deny access to the Offerings, any time if Your information is found to be untrue, false, inaccurate, not current or pertains to another user’s account. You agree that collection, storage, sharing or disclosure of Your information that You provide to Company either as a guest user or Registered User or otherwise shall be governed by the Privacy Policy of Company, incorporated herein by way of reference. The Services can be accessed by You only through the User Logins issued by Company. Company shall not be liable for any damage caused to or suffered by You due to sharing of User Logins in an unauthorized manner. You are solely responsible for maintaining the security of all the usernames and passwords granted to You, for the security of information systems used to access the Services, and for Your compliance with the terms of this Agreement. You will immediately notify Company if it becomes aware of any loss or theft or unauthorized use of any of Your passwords or usernames. Furthermore, You assume all risk arising from the use of any sensitive information with the Services, including the risk of any inadvertent disclosure or unauthorized access thereto. You are responsible for ensuring that the use of Services follows all applicable laws and governmental regulations. Company shall not be responsible for and disclaims any liability arising out of the activities performed through Your account, whether by You or otherwise.

 

    1. Suspension of Services: Company has the right at any time to terminate or suspend Your access to the Offerings, if Company believes in good faith that such termination or suspension is necessary to preserve the security, integrity, or accessibility of Offerings and/or Company’s network. Company may, without terminating this Agreement and without any liability to You or any third party and in addition to any other rights set forth herein, immediately suspend part or all of the Services or the link between the Your system and the Company’s system for as long as Company deems reasonably necessary due to any of the conditions set forth below.  Company will notify You as soon as reasonably practicable of any such suspension.  In addition to any other suspension rights set forth elsewhere in this Agreement, the reasons for possible suspension include:
      1. Company’s belief that it is obligated to comply with an order, instruction or request of any court, administrative tribunal, governmental body or regulatory body or channel’s request.
      2. Company’s belief that the Content and/or the use of the Offerings or any part of either is violating applicable law, the rules, or the terms of this Agreement.
      3. Unauthorized or fraudulent use of Offerings, or if Your use of the Offerings is causing or may cause damage to the Platform/Website and/or a Company’s system;
      4. Your breach or suspected breach of this Agreement;

 

    1. Disclaimer for Internet Usage of the User: User’s access to the internet is not the subject of these Terms. You bear sole responsibility for the functionality of your internet access for the Offerings, including the transmission paths and its hardware.

 

    1. Use of End-User Data:  You agree that the Company may store, track and use engagement and other usage data of End Users (“End-User Data”). In particular, the Company may use End-User Data for monitoring and quality control purposes, analysis of End-User Data in aggregate, for reporting, for audience targeting based on engagements and other metrics as directed by You. Nonetheless please agree and acknowledge that Company does not maintain a backup copy of the data stored on our servers and does not guarantee the information against loss or destruction.

 

    1. Data and Content: You are solely responsible for the content of Your data, including but not limited to Content of the messages submitted to the Platform to be delivered to the End-Users, details of the End-Users etc. (collectively “Customer Data”). All Content shall be deemed be Your content for which You are solely responsible, including if provided by or for any third party. The Content shall be in line with the standards set by the Company hereinbelow or any other document/agreement signed between You and company which describe the types of Content that You may or may not send to End-Users to ensure that no Content shall include any of the prohibited content as mentioned by the Company from time to time. You shall secure and maintain all rights in Customer Data necessary for the Company to provide the Services to You without violating the rights of any third party or otherwise obligating Company to You or any third party. Company does not and will not assume any obligations concerning Customer Data or Your use of the Services other than as expressly outlined in Agreement or as required by applicable law. You acknowledge and agree that You are solely responsible for obtaining all required consents from End-Users in connection with the Services, which consent shall be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. You shall provide a clear intimation to the End-User detailing the purpose of collection of their data and the purpose of sharing the same with the Company.  You further grant the Company right to use the Customer Data and irrevocably authorize to utilize, analyze, modify, reproduce, publish, share, create derivative works of, or otherwise exercise all rights in Customer Data and any analytics, statistics or other data related to or derived from your use of the Services to provide and/or improve the Offerings, and disclose the details of the Customer Data as may be required by law or legal process with or without any notice to the User.

 

  1. Content Restrictions: You hereby undertake that You and the persons using Your account shall comply with all the terms of Agreement and all applicable laws and shall also ensure that the Content published through the Services does not infringe intellectual property rights of any person or violate any applicable laws. You hereby undertake that You and the person using Your account, specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content or that:
    1. belongs to another person and to which the You do not have any right to;
    2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever or which can cause damage to the reputation of Company;
    3. harms minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any applicable laws or regulations for the time being in force within or outside India;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
    7. impersonate another person or entity;
    8. contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
    9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
    10. is misleading in any way or shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    11. engage in any activity that interferes with or disrupts access to the Offerings and shall not attempt or involve in the transmission of “junk/phishing mail”, “chain emails/letters”, “spamming” or “unsolicited mass mailing”.

 

  1. Service Fee and Taxes: In consideration of the rights granted herein, You shall pay to Company the fee for use of the Services during the term of this Agreement and such other charges as agreed between You and Company in writing subject to terms and conditions of the Agreement (“Service Fees”). You agree to pay Company the Service Fee on or before the due date in the Agreement, for using the Services along with applicable taxes based on the payment model chosen by You at the time of ordering the Services. Company does not represent or warrant that a particular subscription plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Subscription Plan with prior notice.

 

Invoicing would be done basis the final commercial understanding agreed between the parties in the Agreement. Please note that the pricing information available on the Website is for information purpose only and the final commercial understanding might differ from the pricing structure available on the Website.

 

You shall be responsible for all Your Service Fee and payment related obligations and the Company reserves the right to suspend the Offerings/account or terminate the subscription in case You do not fulfil Your payment related obligations in full which can be reconnected at the complete repayment of the due charges along with any additional charges. We also reserve the right to take legal action in case of non-payment of Service Fees. Company, from time to time, may contact third party payment processing service providers to facilitate payment of subscription order You place via the Agreement either via online or offline mode, which includes banks, financial institution etc. You shall be responsible to abide by all rules/regulations/guidelines as issued and applicable to online payments by the Company and/or any third-party service providers facilitating the payments. When You make the payment through a third-party payment gateway, such a third party will process Your Payment to Company, provided You comply with all applicable rules and regulations. Company shall not be responsible for any failure/decline in making payment due to any reason (including without limitation exceeding the limit, wrong details etc.) as Company does not control such third parties.

 

The Service Fee becomes due in full upon start date of Your Subscription Term. The ‘Subscription Term’ shall mean the applicable initial and/or renewal subscription term as set forth in the applicable Agreement. You acknowledge and agree that You shall be responsible for all the charges incurred in reference to Service Fess along with applicable taxes. You also agree that You will be billed for and will pay any outstanding balances if you cancel your Subscription Plan or your Subscription Plan is terminated.

 

If You choose to upgrade Your Subscription Plan, any incremental Service Fee associated with such upgrade will be charged in accordance with the remaining Subscription Term.

 

Refund and Cancellation Policy: You may cancel your Subscription Plan in accordance with the terms of the Agreement, either by logging into your user account or mailing a cancellation request at contact @botsdekho.com. The cancellation of any Subscription Plan will always take effect from 1st of the next calendar month. Please note that upon cancellation, You will not be eligible for a refund  for first month’s prorate payment made by You pursuant to the Subscription Plan. In an event if the Subscription Plan is cancelled by the Company pursuant to the right of cancellation/termination reserved by the Company in the Agreement and/or breach of terms of Agreement by You, all payments made by You in lieu of the Services shall be non-refundable in nature. Furthermore, the Company reserves the right to decide the administering of refund fees in cancellation of the Subscription Plan by either Party. If the Company decides to refund the undisputed Service Fee than You will be eligible for refund after necessary deduction as stipulated by the Company in its sole discretion.  These deductions will be based on the no. of months wherefor Services are chargeable, HSM consumption and session consumption by You.

 

Service Fee for WhatsApp HSM Services: Please note that the WhatsApp HSM Services provided herein is a prepaid service. i.e. You need to purchase HSM before using the WABA Service. In an event You exceed the HSM consumption(cases where auto triggers are activated) the WhatsApp HSM amount will be added in the next month's billing cycle. The WhatsApp HSM credits are valid for one year and thus must be utilized within one year form the start date of the Subscription Term. The WhatsApp HSM credit amount is nonrefundable in nature and shall expire upon completion of one year form the start data of the Subscription Term.

 

For any additional work/customization required by You, the company will  charge on hourly basis as intimated by the Company from time to time upon request. You shall pay 50% in advance before the Company initiates any work on additional technical services/customizations as per your request. This advance cost will be calculated based on a tentative hours consumption. In an event the actual cost is more than the tentative, You shall make the payment for the difference within 15 days of the completion of the additional work/customizations.

 

Billing Information: You are responsible to ensure that the billing information you provide to the Company is accurate. You agree to promptly notify Company of any changes in your billing information.

 

Billing Errors: Subject to applicable law, you must notify Company of any billing errors within thirty (30) days of the date on which the error occurred.

 

  1. Support and Maintenance: Company shall use commercially reasonable efforts to make the Services available to You and correct errors relating to the Services or its functionality or to provide a reasonable workaround as soon as is possible using its commercially reasonable efforts during Company’s normal business hours, provided You shall provide such access, information, and support as Company may require in the process of resolving such error. Company may at its sole discretion, deliver updates to the Services that apply to the version of Website or Platform to You at no additional charges. However, in case of updates include new or enhanced features to the Offerings, Company shall deliver such updates subject to the commercial agreement with You captured in the Agreement.

 

  1. Indemnification and Limitation of Liability

 

    1. Indemnification by You: You agree to indemnify, defend and hold harmless Company, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Offerings; or (iii) any claim that any Content / Customer Data / third party content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of Company and/or any third party, including any intellectual property rights.

Company may notify You of any claims which You shall be liable to indemnify Company against. You will then be required to consult with Company regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Company without the express prior written consent of Company which can be withheld or denied or conditioned by Company in its sole discretion.

    1. Indemnification by Company: Company will at its expense, defend or settle any claim brought against You that the Offerings infringe any patent, copyright, trade secret or other proprietary rights of any third party and shall pay any final judgment awarded or settlements entered into with prior written consent of the Company; provided You give prompt written notice to Company of any such claim of infringement and gives Company the authority to proceed as contemplated herein. Company will have the exclusive right to defend any such claim and make settlements thereof at its own discretion, and You may not settle or compromise such claim, except with prior written consent of Company. You shall give such assistance and information as Company may reasonably require settling or oppose such claims. In the event any such infringement or claim is brought, Company may, at its sole option and expense:
  1. Procure for You the right to continue the use of the Services or the infringing portion thereof;
  2. Modify, amend or replace the Website, Platform or infringing part thereof with other software having substantially the same or better capabilities;
  3. You shall immediately cease using the infringing portion of the Website, Platform and will remove the same from its system and certify so to Company. Company will then give You a credit equal to the amount You paid for the returned portion of Services.

 

The foregoing obligations shall not apply to the extent the infringement arises as a result of (a) modifications to the Offerings made by any person other than Company or Company’s authorized representative, or (b) failure by You to install an update within a reasonable time of being provided access to the same by Company if such infringement would have been avoided by such installation. This section states the entire liability of Provider with respect to infringement of any patent, copyright, trade secret or other proprietary rights.

Limitation of Liability: Notwithstanding anything to contrary in the Agreement(s), in no event shall either Party, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to other Party for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, profits, whether or not foreseeable or whether or not a party has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with use of or access to the Offerings.

Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of (a) delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Offerings; (b) Any interruption or errors in the operation of the Website. Company’s entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed lesser of INR 10,000/- (Rupees Ten Thousand) or the amount of  Service Fees unless stated otherwise by the Company.

  1. Intellectual Property Right:

For the purpose of these Terms, “Intellectual Property Rights’’ shall mean any intellectual property or proprietary rights, including but not limited to copyright rights, moral rights, trademarks (including logos, slogans, trade names, service marks), patent rights (including patent applications and disclosures), know-how, inventions, rights of priority, and trade secret rights recognized in any country or jurisdiction in the world.

Company shall at all times retain ownership of all Offerings. All Intellectual Property Rights, title, interest in the Offerings whether in machine-readable (source, object code or other formats) or printed form, documentation, all related technical know-how and any copies thereof shall remain the sole and exclusive property of the Company. Company retains all ownership and Intellectual Property Rights to anything developed and delivered under this Agreement including the End-User data generated through the use of the Offerings.  To avail the Services Company grants and You receive no other rights or licenses to the Offerings, customizations, derivative works or any other Intellectual Property Rights related thereto, whether by implication, estoppel or otherwise, except those rights expressly granted by the Company. Any violation of the terms of this Agreement shall automatically revoke the license granted herein and Services will be terminated by the Company without any liabilities. Any third-party technology that may be appropriate or necessary for use with the Offerings shall always be subject to the approval of the Company. The cost and expense of such third-party technology shall be on Your account. Your right to use such third-party technology is governed by the terms of the third-party technology license or any appropriate agreement. The User acknowledges and agrees that the Services are being licensed as a service, not sold to the You by the Company.  Notwithstanding any provision of this Agreement or any other agreement between the parties to the contrary, Company shall be free to use any ideas, knowledge, concepts, design or know-how developed or acquired by Company during the performance in the Agreement and/or customizations. Nothing in this Agreement shall be construed to preclude or restrict Company from reutilizing methods, process, design, know-how, and technique whether or not developed during the provision of the Services or in connection with the customization.

All text, graphics, audio, design and other works on the Offerings are the copyrighted works of the Company or its licensors. Content on the Website and Platform is for informational use only and belong to the Company, unless permitted or expressed otherwise. Any alteration of the material or use of the material contained on the Website and Platform for any commercial purpose is a violation of the copyright of the Company and/or its affiliates or associates or its third-party information providers.

Website, Platform and Documentation (if any) may also contain certain trademarks, logos or service marks (“Marks”). These Marks are proprietary to the Company or its vendors/seller or respective third parties. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the Company or its vendor or third party that own and control the Marks.

YOU ACKNOWLEDGE AND AGREE THAT THROUGH YOUR USE OF WEBSITE, PLATFORM OR BY AVAILING ANY PRODUCT OR SERVICES THROUGH OR AT WEBSITE, NO RIGHT (EMPRESS OR IMPLIED) IS GRANTED TO YOU IN RESPECT TO SUCH OFFERINGS. THE COMPANY RESERVES THE RIGHT TO CHANGE OR MODIFY THE CONTENT OF THE WEBSITE AND PLATFORM FROM TIME TO TIME AT ITS SOLE DISCRETION.

You further acknowledge and agree that You shall not copy, reproduce, republish, upload, post, transmit or distribute, the content available on the Website, in any way without obtaining prior permission from Company or its licensors. All responsibility and liability for any damages caused by downloading of any data are disclaimed.

It is clarified that any use of the Website, Platform,  Marks or other intellectual property rights of Company, in contravention of the terms of this Agreement or any applicable law shall constitute the infringement of such intellectual property right of Company or their respective third party, upon which Company or the third party may initiate the appropriate legal proceedings against You.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark "BotsDekho", and the Website and Platform, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY TO THE COMPANY.

  1. Disclaimer of Warrant and Liability:

 

ALL THIRD-PARTY CONTENT OR INFORMATION PERTAINING TO THE WEBSITE OR ANY PRODUCT / SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF THE SERVICES DO NOT PERFORM AS WARRANTED, THE COMPANY SHALL UNDERTAKE AT ITS OWN EXPENSE TO CORRECT THE NON-CONFORMING PART OF THE WEBSITE, PLATFORM, OR IF CORRECTION IS REASONABLY NOT POSSIBLE, REPLACE SUCH NON-CONFORMING PART OF THE WEBSITE AND/OR PLATFORM. THE FOREGOING WARRANTY SHALL NOT APPLY TO THE EXTENT THAT THE OFFERING IS USED OR INTERFACED WITH OTHER SOFTWARE, DATA OR OPERATING SYSTEMS THAT ARE NOT COMPATIBLE, COMPLIANT OR IF THE OFFERING HAS/HAVE BEEN MODIFIED IN A MANNER NOT AUTHORIZED BY COMPANY.

WHEN YOU ACCESS OR USE THE OFFERINGS, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE OFFERINGS. WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS AFFILIATES, AGENTS, AND LICENSORS MAKES NO WARRANTY THAT:

A. THE OFFERINGS WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

B. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

C. THE QUALITY OF THE OFFERINGS WILL MEET YOUR EXPECTATIONS; OR

D. ANY ERRORS OR DEFECTS ON THE OFFERINGS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

E. OFFERINGS WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT OFFERINGS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. COMPANY AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE WEBSITE AND PLATFORM BY YOU OR ANY THIRD PARTY.

EXCEPT AS SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE OFFERINGS OR DOCUMENTATION, OR ANY MATERIALS OR OTHER SERVICES FURNISHED OR PROVIDED TO YOU UNDER AGREEMENT AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO OFFERINGS, CONTENT POSTED BY COMPANY, YOUR CONTENT, PRODUCT SERVICES, THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHT, LIBEL, PRIVACY PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF YOUR CONTENT AND / OR THIRD-PARTY CONTENT.

ANY MATERIAL, CONTENTS, SOFTWARE OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE IS SUBJECT TO THE AGREEMENT AND DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY IS NOT LIABLE FOR THE AUTHENTICITY OF SUCH DATA/INFORMATION.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, PANDEMIC, EPIDEMIC,  EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

IN NO EVENT WILL COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE  EMPLOYEES, AGENTS, SHAREHOLDERS, STAFF OR ITS SUBCONTRACTORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE OFFERINGS PERFORMED HEREUNDER OR ANY DELAY IN DELIVERY OF OR FURNISHING THE OFFERINGS WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF PROVIDER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Company’s warranty, support and maintenance obligations as set forth herein and/or any agreement signed between the parties, unless stated otherwise, are made to and for Your benefit and shall be enforceable against Company only if:

  1. The Offerings have been properly accessed and used at all times per the Documentation and the terms and conditions of this Agreement.
  2. All modifications, alterations or additions to the Offerings, if any, have been made by the Company; and
  3. You have not made or caused to be made modifications, alterations or additions to the Offerings that cause it/them to deviate from the documentation.

 

  1. Branding and Attribution

You agree to display any attribution(s) required by Company as described in any documentation for the Services. You agree (i) that Company may identify You as a recipient of Services and use Your logo/trademark/name in sales presentations, marketing materials and press releases, and (ii) to develop a brief customer profile for use by Company for promotional purposes. You hereby grant Company all necessary rights for these purposes.

  1. Confidentiality

For these Terms “Confidential Information” shall mean information which (a) derives actual or potential economic value from not being generally known to, and not available through proper means, by other individuals or entities who could obtain economic value from receipt or use of such information, (b) is the subject of reasonable efforts by its owner to maintain its confidentiality or secrecy, and/or (c) is by its nature confidential, trade secrets or otherwise proprietary to its owner. Confidential Information includes a party’s financial and business plans, product and service specifications, intellectual property, pricing information and the terms of this Agreement.

Each party acknowledges that the Confidential Information derives independent economic value and/or constitutes valuable trade secrets and each party agrees that it shall use the Confidential Information of the other party solely per the provisions of this Agreement and it will not disclose, or permit to be disclosed, the same directly or indirectly, to any third party without the other party's prior written consent. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. However, neither party bears any responsibility for safeguarding any information that it can document in writing (i) is in the public domain through no fault of its own, (ii) was properly known to it, without restriction, before disclosure by a party, (iii) was properly disclosed to it, without restriction, by another person with the legal authority to do so, (iv) is independently developed by receiving party without use or reference to disclosing party’s proprietary information or (v) is required to be disclosed according to a judicial or legislative order or proceeding; provided that, to the extent permitted by and practical under the circumstances, receiving party provides to disclosing party prior notice of the intended disclosure and an opportunity to respond or object to the disclosure or if prior notice is not permitted or practical under the circumstances, prompt notice of such disclosure.

In the event of an actual or threatened breach of the provisions of Agreement, Company shall be entitled to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual damage.

  1. Audit:

Company at all times reserves its right, but not an obligation, to audit Your Content or any other material or information posted/uploaded by You on the Platform. If at any time, in the sole discretion of Company, Company determines that any Content or any other material is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then Company may either remove or edit or block such material without any notice.

Though Company does not pre-screen Your Content, yet the Company and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Platform.

Notwithstanding the above-said right, You acknowledge and understand that all You, and not Company, are entirely responsible for all Content that you have provided Company with, to upload, post, transmit or otherwise make available via the Platform.

  1. Links to third-party websites and third-party content:

 

Our Website and/or Platform may contain, hyperlinks to websites and/or services integrated which are operated by parties other than Company or, third party information, and any other data made available by the third party (“Third Party Content”). The provisions of Third Party Content is for general information purpose only.


Company makes reasonable efforts to ensure that the details provided on our Website is accurate, however, Company does not control such Third-Party Content and therefore shall not be responsible for any loss or damages resulting from the use of Third-Party Content.

The inclusion of Third-Party Content to Our Website does not imply the Company’s certification or endorsement of such websites nor any association with their operators. Company or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the Third-Party Content of such other services or sites to which links are provided. A link to another service or website is not an endorsement of any products or services on such site or the Website. You shall be solely responsible for any or all the consequences that arise out of your use of such Third-Party Content or hyperlinks to other websites.

On the Website, Google, as a third-party vendor, uses cookies to serve ads. Google’s use of the DoubleClick DART Cookie enables it to serve ads to the Website’s users based on their visit to the Website and third-party websites. For more information on the DART Cookie see http://www.google.com/privacy ads.html. You may opt-out of the use of the DART cookie by Google by visiting the Google Ad and Content Network Privacy Policy at: http://www.google.com/privacy_ads.html.

You may opt-out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. You agree and acknowledge that Company is not liable for the information published in search results or by any third-party website that carries Company postings.

  1. License, Website Access & Modification

No Contents or information on the Website and Platform may be reproduced in any form or incorporated into any internet website or any other information retrieval system, either electronic or mechanical. It is a condition of Your use of this Website and Platform that You do not restrict or inhibit any other user from using this Website and Platform.

You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and/or Our affiliates without the express written consent of the Company. You may not use any meta tags or any other "hidden text" utilizing the Company’s name or trademarks without the express written consent of the Company.

Any software that is available on the Website is the property of the Company or its vendors. You may not use, download, or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of the Company. Any unauthorized use terminates the permission and the license granted by Company under this Agreement to you.

Modification: All information available on the Website and Platform is made available to You on best efforts basis, however, the Company does not guarantee nor assume any responsibility for the correctness of such information/data. Company reserves the right to modify, suspend/cancel, or discontinue any or all sections, or Service at any time without notice. In case the information (including without limitation pricing, description and any other information etc.) is found to be not up to date or incorrect, Company reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website and Platform.

You expressly agree that any information provided on the Website and Platform shall be used by You at Your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.

From time-to-time Website and/or Platform may supplement its terms of use with additional terms pertaining to specific content. Such additional terms are hereby incorporated by reference into these Terms.

  1. Report Abuse & Your Feedback:

Company advises its users, not to post or upload anything which is abuse of the Website or violate any terms of this Agreement. Company also prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

Your Feedback: When You share any feedback, it is deemed non-confidential. Company is at liberty to use any such feedback and You represent that: (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Company may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Company for the feedback under any circumstances.

  1. Miscellaneous:

 

    1. Notice: Except as explicitly stated otherwise, any notices shall be given by postal mail/email

On behalf of Company to:

Girnar Software Private Limited

Attn: Megha Jain

Address: 11th Floor, Tower B, Emaar Digital Greens, Golf Course Extension Road, Sector 61, Gurugram 122102, Haryana, India

Email: megha.jain@girnarsoft.com (with a copy marked to legal@girnarsoft.com)

On behalf of User to

All notices with respect to these Terms of Use from Company will be served to You:

By email (as provided by You at the time of Registration or communicating with Company) or by general notification on the Website.

    1. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Company’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Company to any third parties without the requirement of seeking Your prior consent. Company shall have right to transfer Your account and account information to a third party who purchases Company’s business as conducted under the Website.

 

    1. Severability: If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.

 

    1. Waiver: Any failure or delay by a party to enforce or exercise any provision of

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