Privacy Policy

We, Novus Softwares, New Delhi, India (hereinafter referred to as “Company”), having its registered office at 1015, 10th Floor, Arunachal Building, Barakhamba Road, Connaught Place, New Delhi-110001, the creator of this Privacy Policy ensure our firm commitment to your privacy vis-à-vis the protection of your priceless information. In order to endow You with Our uninterrupted use of services, We may collect and, in some circumstances, disclose information about You. To enhance better protection of Your privacy We provide this notice explaining Our information practices and the choices You can make about the way your information is collected and used. All Users are advised to read and understand Our Privacy Policy carefully, as by accessing the Website You agree to be bound by the terms and conditions of the Privacy Policy and consent to the collection, storage and use of information relating to You as provided herein. If You do not agree with the terms and conditions of Our Privacy Policy, including in relation to the manner of collection or use of Your information, please do not use or access the Software. If You have any questions or concerns regarding this Privacy Policy, You should contact our customer support desk. ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

1. DEFINITIONS
a. “We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy. b. “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Website. c. “Software” shall mean and refer to Vakil Desk owned and operated by the Company. d. “Personal Information” shall mean and refer to any personally identifiable information that we may collect from You. “Third Parties” refer to any Website, company or individual apart from the User and the creator of the Website. e. “Website” shall mean and refer to VakilDesk.novussoftwares.com owned and operated by the Company

2. OVERVIEW
We commit to respecting Your online privacy data. Subscribers use our product to host business data and information related to their legal practice. Such information is considered confidential to our Subscribers. This privacy policy also applies to data We collect from users who are not registered as members of this site, including, but not limited to, browsing behavior, pages viewed etc. We will not review, share, distribute, or reference any such data except for the purpose of resolving a problem, providing customer support or to investigate a suspected violation of our agreement. We do share personally identifiable information as follows in order to maintain your customer account with us: All financial and billing information that we collect is used solely to check the qualifications of prospective customers and to bill for our services. We use a third-party payment processor to assist us in processing customer payments. This processing partner is not permitted to store, retain, or use the personally identifiable information provided, except for the sole purpose of processing the payment. We may occasionally also employ third parties to act on our behalf. Some examples include providing marketing support, analysis and public relations. When we employ such companies they are not permitted to retain, share, store or use personally identifiable information for any other purpose than to complete the contracted assignment. In some cases we may provide services, or sell product lines jointly with selected business partners. We DO NOT share personally identifiable information with third parties for unknown reasons.

3. NOTIFICATION OF MODIFICATIONS AND CHANGES TO THE T&C AND PRIVACY POLICY
We reserve the right to change the Terms and Privacy Policy from time to time as We deem fit, without any intimation to You, and Your continued use of the Website will signify Your acceptance of any amendment to these terms. You are therefore advised to re-read the Terms of Service and Privacy Policy on a regular basis. Should it be that You do not accept any of the modifications or amendments to the Terms, You may terminate Your use of this Website immediately.

4. INFORMATION WE COLLECT
We collect information from individuals who visit the Company’s websites (“visitors”) and individuals who register to use the services (“Subscribers” or “users”). You do not need to register in order to review the content on this Website as a visitor. Any personal information submitted to Us is optional and We use it solely for the purpose for which it is collected or for communicating with you regarding the services. At a minimum we ask for your name, email address, company, state, and contact phone number so that we may communicate with you.

5. COOKIES
We use data collection devices such as "cookies" on certain pages of our Website/Software. "Cookies" are files sited on your hard drive containing a string of characters that is sent to your computer when you visit a website. When you visit the Website/Software again, the cookie allows the Website to recognize your browser. We offer certain features that are only available through the use of a "cookie". We use Cookies to identify individual user buying pattern, overall demographics buying patter in order to help us to improve your user experience and the overall quality of our services. Cookies can also help us provide information, which is targeted to your interests.

6. OUR USE OF YOUR INFORMATION
Any of the information we collect from you may be used in one of the following ways: a. To carry out Our obligations arising from any contracts entered into between you and us or between a Subscriber and us and to provide you with the information, products and services that you or a Subscriber request from us; b. To personalize your experience (your information helps us to better respond to your individual needs) c. To improve our Website/Software (we continually strive to improve our Website offerings based on the information and feedback we receive from you) d. To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs) e. To administer a contest, promotion, survey or other site feature f. To send periodic emails. The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. We may release your personal information to a third-party in order comply with a Court Order or other similar legal procedure, or when we believe in good faith that such disclosure is necessary to comply with the law; prevent imminent physical harm or financial loss; or investigate or take action regarding illegal activities, suspected fraud, or violations of Our Terms of Use. We may disclose personally identifiable information to parties in compliance with our Copyright Policy as mentioned in the Terms of Use as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we may disclose name, address, country, phone number, email address and company name.

7. CONFIDENTIALITY
You further acknowledge that the Website may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.

8. DISCLOSURE OF YOUR INFORMATION
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse your information that they collect from our servers. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed. a. External Service Providers: There may be a number of services offered by external service providers that help you use our Services. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policy. b. Other Corporate Entities: We share much of our data, including personally identifiable information about You, with our parent and/or subsidiaries that are committed to serving your online needs and related services, throughout the world. Such data will be shared for the sole purpose of enhancing your browsing experience. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You will receive notice of such event (to the extent it occurs). c. Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

9. THIRD PARTY LINKS
Occasionally, at our discretion, we may include or offer third party products or services on our Website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

10. OPT – OUT PREFERENCES
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us.

11. ACCESSING, REVIEWING AND CHANGING YOUR PROFILE
Following registration, you can review and change the information you submitted except your username, during registration. If you change any information we may keep track of your old information. You can change your registration information such as: name, address, city, state, zip code, country, phone number, and profile. We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.

12. CONTROL OF YOUR PASSWORD
When you sign up to become a Subscriber, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. If you choose to share this information with third parties to provide you additional services, you are responsible for all actions taken with your login information and password and therefore should review each third party's privacy policy. You are responsible for all actions taken with your login information and password. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You agree to notify us immediately if you suspect any consistent unauthorized use of your account or access to your password even after changing it.

13. OTHER INFORMATION COLLECTORS
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Website or on other Website throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since we do not control the privacy policies of the third parties, you are subject to ask questions before you disclose your personal information to others.

14. SECURITY
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We do not recommend transfer of sensitive information and bank account details via the Website. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, "perfect security" does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion. All information you provide to us is stored on secure servers in a controlled environment with limited access. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

15. DISCLAIMER
We cannot ensure that all of your private communications and other personal information (including sensitive information bank account number) will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information will always remain private. As a user of the Website, you understand and agree that you assume all responsibility and risk for your use of the Website/Software, the internet generally, and the documents you post or access and for your conduct on and off the Website/Software.

16. CONTACTING US
If there are any questions regarding this privacy policy you may contact us.

17. CREDITS
1) Supreme Court of India Display Board - http://courtsdisplayboard.nic.in
2) Indian Courts - Causelists - http://clists.nic.in
3) High Court of Delhi - http://delhihighcourt.nic.in
4) Courts - Case Status - http://courtnic.nic.in
5) Madras High Court - http://www.hcmadras.tn.nic.in
6) High Court of Karnataka - http://karnatakajudiciary.kar.nic.in
7) High Court of Punjab, Haryana & Chandigarh - https://phhc.gov.in
8) High Court of Punjab, Haryana & Chandigarh - http://highcourtchd.gov.in
9) High Court of Bombay - http://bombayhighcourt.nic.in
10) Kerala High Court Advocates Association - http://khcaa.in
11) High Court of Kerala - http://highcourtofkerala.nic.in
12) High Court of Judicature at Hyderabad - http://hc.tap.nic.in
13) High Court of Judicature at Hyderabad - http://hc.ap.nic.in
14) High Court of Judicature at Allahabad - http://courtview.allahabadhighcourt.in
15) High Court of Judicature at Allahabad - http://www.allahabadhighcourt.in
16) High Court of Madhya Pradesh - http://www.mphc.gov.in
17) Rajasthan High Court - Case Status - http://rhccasestatus.raj.nic.in
18) Patna High Court - http://patnahighcourt.bih.nic.in
19) Income Tax Appellate Tribunal - http://itat.nic.in
20) Central Administrative Tribunal - http://cgatnew.gov.in
21) Debts Recovery Tribunals and Appellate Tribunals - https://www.drt.gov.in/
22) Railway Claims Tribunal - http://www.rct.indianrail.gov.in
23) Computerization and Computer Networking of Consumer Forums in Country (ConfoNet) - http://confonet.nic.in

Terms & Conditions

1. GENERAL
The following Terms of Service governs the use of the software “Vakil Desk” and services provided by Novus Softwares, New Delhi, and its subsidiaries these terms apply to the Services generally and the additional terms of service applicable to each Service offering are set forth below.

You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the Software. These terms are to be read along with the Privacy Policy and any other policies on the Software.
In terms of Information Technology statutes, this document is an electronic record, under the laws of India. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Software. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

By using the Software, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Software, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of Our Software is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Software and Software by You is governed by this policy and any policy so mentioned by terms of reference. If You do not agree with any of these terms, please discontinue using the Software.

We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Software or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Software is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.

2. DEFINITIONS
For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires i) The term “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.

ii) The term “Authorized User” shall mean an individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users.

iii) The term “Content” shall mean any information on the Software/Software or any information posted by you in connection with the Service.

iv) The term “Services” shall mean and refer to the services and software provided by Us.

v) The term “Subscriber” shall refer to the purchaser of the Services provided by Us and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf.

vi) The terms ‘Party’ &‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

vii) The terms ‘We’, ‘Us’, ‘’Our’, ‘Company’ shall mean Novus Softwares, New Delhi(A Proprietorship Firm), as the context so requires.

viii) The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services and the software provided on this Software/Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.

3. SERVICES
We offer the following Services through our proprietary software “Vakil Desk” as a service platform that we host for Our Subscribers for online legal practice management. To subscribe for a Service, You must complete the sign-up procedure for that Service. You are only entitled to use the Services for which You have subscribed and paid for. We store all Content on redundant storage servers. Subscriber is only permitted to access and use the Service if he/she is a Subscriber or an Authorized User. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by the Service. Each Subscriber will be provided with a unique Username to access and use the Service. The Username shall only be used by the Subscriber to whom it is assigned, and shall not be shared with, or used by any other person, including other Subscribers. Each subscription may designate multiple Authorized Users. Any Authorized User shall be deemed to have the authority to manage the subscription. Subscribers are responsible for all use of the Service by authorized Users on the list of active authorized Users associated with their subscription to the Service. The Subscriber shall be the originating administrator with authority to administer the subscription and designate additional Authorized Users. Each subscription may designate multiple Authorized Users as Administrator. Any Subscriber shall be deemed to have the authority to manage the subscription and any Authorized Users. The Subscriber will deactivate an active Username if he wishes to terminate access to the Service for any Authorized User. Subscribers are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service. Subscriber will be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service. Any Content uploaded or posted to the Service remains the property of the Subscriber. Upon Cancellation or Termination of Service, We shall only be responsible for the return of Content directly to the Subscriber or a designated Authorized User in the event that the Subscriber is unable to be reached. We are responsible for providing a secure method of authentication and accessing Our Service. We will provide mechanisms that: (a) allow for User password management (b) transmit passwords in a secure format (c) protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices.

4. RIGHTS AND OBLIGATIONS

a. License: Subject to this Agreement, and upon timely payment of all applicable fees set forth in the Order Form or sign-up flow, we hereby grant to you a non-exclusive, non-transferable, limited right and license to use (and permit your authorized users to use) the Services to which you have subscribed solely for your internal business purposes.

b. Authorized Users: You (i) are responsible for Your authorized users' compliance with the Agreement, and (ii) shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services and shall notify us immediately of any such unauthorized access or use. It is your responsibility to remove access to the Services if authorized status of a user or designated employee changes.

c. Your responsibilities and restrictions: You are responsible for all activities that occur under Your User accounts or by Your Authorized Users. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that You submit to the Services; (ii) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify us promptly of any unauthorized use or security breach; (iii) comply with all applicable local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services; (iv) obtain and maintain all computer hardware, software and communications equipment needed to access the Services and pay all access charges incurred by you in connection with your use of the Services.

d. Obligations: You are a restricted User of this Software.

i. You may not, and You shall ensure Your Authorized Users do not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Software. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Software is not permitted.

ii. You agree not to access (or attempt to access) the Software or Services by any means other than through the interface that is provided by the Software. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Software or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Software, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Software. You acknowledge and agree that by accessing or using the Software or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Software. Further, You may report such offensive content.

iii. In places where this Software allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:

• Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
• Engage in any activity that interferes with or disrupts access to the Software or the Services (or the servers and networks which are connected to the Software);
• Impersonate any person or third party entity, or falsely state or otherwise misrepresent your affiliation with a person or third party entity;
• Publish, post, disseminate, any information which 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 unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" under the relevant laws of India
• Post any file that infringes the copyright, patent or trademark of other legal third party entities;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Software or another's computer;

iv. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner;

v. Probe, scan or test the vulnerability of the Software or any network connected to the Software, nor breach the security or authentication measures on the Software or any network connected to the Software. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Software, or any other customer of the Software, including any Software Account not owned by You, to its source, or exploit the Software or Service or information made available or offered by or through the Software, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Software;

vi. Disrupt or interfere with the security of, or otherwise cause harm to, the Software, system resources, accounts, passwords, servers or networks connected to or accessible through the Software or any affiliated or linked sites;

vii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

viii. Violate any applicable laws or regulations for the time being in force within or outside INDIA;

ix. Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.

We have no obligation to monitor the materials posted on the Software. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SOFTWARE. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Software. You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

5. TERM AND TERMINATION
The term of the Agreement shall be in force for as long as You continue to access and use the Software. Either party may terminate the Agreement and all Service subscriptions if the other party breaches any of its material obligations under the Agreement and such breach is not cured within thirty (30) days of receipt of notice from the non-breaching party. Upon termination of the Agreement, You will immediately discontinue all use of the Services, cease to represent in any form that You are a User of the Services, and destroy all our Confidential Information in your possession. Neither party shall be liable for any damages resulting from a termination of the Agreement or any subscriptions to Services as provided for herein; provided, however, that the termination of the Agreement shall not affect any claim arising prior to such termination.

6. MANAGED BACKUP AND ARCHIVING
Our managed backup services are designed to facilitate restoration of Content to the server or device from which the Content originated in the event the primary data is lost or corrupted. We shall ensure recovery of lost or corrupted Content at no cost to you. Prior to any cancellation or termination of Service for any reason, Subscriber shall have at least ninety days to retrieve any and all Content.

7. TECHNICAL AND SUPPORT SERVICES
Technical support and training are available to Subscribers and Authorized Users with active subscriptions, and is available by telephone, email. Subscriber acknowledges and agrees that We may use Third Party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We will provide support services to assist Subscriber in resolving Errors (“Support Services”). Support Services do not include (a) physical installation; (b) visits to Subscriber’s site; (c) any electrical, mechanical or other work with hardware, accessories or other devices associated with the use of the Service; (d) any work with any Third Party equipment, software or services; (e) any professional services (“Professional Services”) associated with the Service, including, without limitation, any custom development, or data modelling.

8. PAYMENT, REFUNDS AND SUBSCRIPTION CHANGES
You are required to pay the non-refundable fees for the Services you wish to subscribe for ("Service Fees"). Service Fees are non-refundable even if you terminate your subscription early. You may incur other non-refundable fees or charges for your use of the Services in addition to those fees mentioned on the Software. The additional non-refundable fees and charges are set forth in the additional terms for the applicable Service. Subscribers with monthly/annual paying subscriptions will be charged upon the expiration of the period they have paid for. Subscriptions canceled prior to the expiration of the paid term, will not be charged. Monthly Subscribers will thereafter be charged in advance each 30 days. Annual Subscribers will thereafter be charged annually on the anniversary date of the initial subscription charge. All charges are final and non-refundable, including payments made by Annual Subscribers. You acknowledge that your failure to pay any fees or charges when due may result in suspension or termination of Your use of Our Services. If You fail to pay any of the fees or charges due hereunder, We have the right to engage a collections agency to collect the fees and charges and you shall pay all costs incurred by Us in connection with the collection of such past due amounts, including, without limitation, reasonable attorneys’ and collections agencies’ fees plus interest in an amount equal to the lesser of 1.0% per month or the maximum rate permitted by applicable law. The Subscription charges are subject to change upon notice. Such notice may be provided by an e-mail message to Subscriber, or in the form of an announcement on the Service.

9. CONFIEDENTIAL INFORMATION
Unless expressly authorized by the other party, neither party shall disclose to any Third Party any information or materials provided by the other party under the Agreement and reasonably understood to be confidential ("Confidential Information"), or use such Confidential Information in any manner other than to perform its obligations under the Agreement. The foregoing restrictions do not apply to any information that is in the public domain or already in the receiving party's possession, was known to the receiving party prior to the date of disclosure or becomes known to the receiving party thereafter from a third party having an apparent bona fide right to disclose the information, or Confidential Information that the receiving party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative subpoena, providing receiving party provides disclosing party of timely notice of such court order or subpoena. Furthermore, you will, and will ensure your authorized users will, keep in strict confidence all passwords and other access information to the Services. This Section shall survive termination or expiration of this Agreement.

10. FORCE MAJEURE
We shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, weather and other natural phenomena; riot, sabotage, labour shortage or dispute; internet interruption, technical failure, hacking, piracy, cheating, illegal or unauthorized.

11. REVIEWS, FEEDBACK AND SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the User in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or third party entity. You further agree that no Comments submitted by you on the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or third party entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit. Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.

12. INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or used in connection with the Software, as well as its selection and arrangement, is owned by Us. You may use the Content only through the Software, and solely for Your personal, non-commercial use. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Software, not to insert any code or product or manipulate the content of the Software in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method.

13. LIMITATION OF LIABILITY
a) The Software accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Software or any product purchased or service availed of by the User through the Software. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Software will not be liable to you for the unavailability or failure of the Software/Application.

b) Users may be held legally responsible for damages suffered by other Users, the Software or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Software.

c) All Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.

d) The Software expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Software and which is incurred by you in connection with the Software, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms. 

e) To the fullest extent permitted by law, the Software shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Software.

14. DISCLAIMERS OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SOFTWARE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS SOFTWARE IS ON AN "AS IS" BASIS 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. WITHOUT LIMITING THE FOREGOING, SOFTWARE MAKES NO WARRANTY THAT

a) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

b) MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

c) ANY ERRORS OR DEFECTS IN THE SOFTWARE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SOFTWARE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. SOFTWARE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR SOFTWARE WITH RESPECT TO THE THIRD PARTY SOFTWARE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

15. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS SOFTWARE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE SOFTWARE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL THE SOFTWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENODOR OR THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE 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 YOUR USE OF OR ACCESS TO THE SOFTWARE, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Mumbai, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Chennai, Tamil Nadu, India and You hereby submit to the personal jurisdiction of such courts.

17. PRIVACY
We encourage You to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to videos) which You provide on the Software are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Software. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

18. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address provided.

19. MISCELLANEOUS PROVISIONS
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

Liability: The Software and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.

Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

20. CONTACT US
If you have any questions about this Agreement, the practices of the Software, or your experience with the Service, you can contact us through e-mail.