TERMS AND CONDITIONS FOR THE WEBSITE USE

1. INTRODUCTION:

This Terms of Service Agreement (“Agreement”) governs Users/Visitors/Subscribers relationship with our company __________________ and our websites ______________________(“we”/ “us”) and any affiliate website and mobile application (Website). The Terms and Conditions of Agreement shall apply to you when you visit the Website and subscribe/avail of any of our Services.Please read the Terms and Conditions carefully before you start the use of this Website, whether as a guest or as a registered user.

2. ELIGIBILITY

  • a)

    You have represented and warranted to us that you do not have any legal incapacity to enter into a contract. A use or access to our Service by a minor (anyone under the age of 18) is strictly prohibited and in violation of this Agreement. You must have attended the age of majority to use our Website. By accepting this Agreement either by clicking a box indicating your acceptance or by using an availing service, you agree to the terms of this Agreement.

  • b)

    If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement. You may not continue with the Website if you do not agree with any terms of this Agreement.

  • c)

    If you do not meet the above eligibility requirements, you must not accept or use the Website services.

3. OUR SERVICES AND LIMITED LICENSE TO THE USER

  • a)

    We, the __________ provide a billing platform service to any eligible person who wants to avail our Services (You/User) to conveniently create professional invoices for their clients as per this Website Use Agreement as amended from time to time. A user can generate his/her invoice through our system, email, print and download the same. We also provide the User system to check the received amount and the outstanding amount (Services). Without any mandatory notice, we can amend, suspend, vary or withdraw the Service, subscription, these Terms and Conditions and/or its Website at any time and from time in our absolute discretion. We may update the Users regarding the modified Service from time to time through the Website.

  • b)

    We provide a limited free service to a User to try the efficiency of our Services. A User may create up to a maximum of two (2) invoices and download/print/email the same without any cost. A user has to subscribe to our Paid Services to create more than two (2) invoices and enjoy our other paid services offered by us.

  • c)

    A user has to create his/her account to enjoy our Services. While creating an account with us, a User shall select a username and password as required. We may ask a User to submit his/her email address and phone number, among other things. The User shall provide us with all information required to create a user account/subscription account (the “User Information”) in authentic, accurate, current, and complete manners. Any failure to provide such information will constitute a breach of this Agreement by the User and may result in the immediate termination of the account of the defaulting User.

  • d)

    You agree and understand that all information about you, including your User Information, any information obtained by us as a result of your use of the Websites, and any information stored or transmitted in any way on or through the use of the Websites is subject to our Privacy Policy.

  • e)

    You represent and warrant that you shall not: (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization, including the name of any celebrity, or (iii) provide your wrong location/address (iv) use wrong/false date of birth/gender and other individual-specific details. You agree that any information you provide to the Websites, including but not limited to User Information, shall be true and accurate and current. You are responsible for updating such information to keep it true, accurate, and current.

  • f)

    You must immediately notify us about any unauthorized activity on your account. We shall revoke your account immediately in case of any violation of our Terms and Conditions.

  • g)

    Suppose you create a user account with the Websites. In that case, you accept responsibility for all activities that occur under your account or password, and you agree you will not sell, transfer or assign your user account to any other person. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any password-protected portion of the Websites (including the paid membership services) using your name, user name, or password in whole or in part. We shall all the time presume that any activity done from your account has been done by you.

4. SUBSCRIPTION AND SERVICES

  • a)

    Your subscription will continue month-to-month or year-to-year until termination. To use our services, you must have internet access, a device that can run on our platform, and provide an accepted means of payment method. Unless you cancel your subscription before your monthly/yearly billing date, you authorize us to charge your subscription fee for next month or next year by using your valid payment method and requisite details.

  • b)

    You can have either a monthly or yearly billing cycle for the subscription fee. The subscription fee includes our service charge, taxes, and possible transaction fees that will be charged monthly or yearly, depending on your selection. The charging day will be the same day of the following month as the starting day of your subscription if you have a monthly subscription. The charging day will be the same day of the following year as the starting day of your subscription if you have a yearly subscription. In some cases, your payment date may change if your payment method is not successfully executed.

  • c)

    At the end of your billing cycle, your subscription will automatically renew under the same conditions after receiving due payment unless previously cancelled or changed by you.

  • d)

    If any payment is not successfully executed, we may suspend your access to the service until receiving a subscription amount. This may result in a change to your payment billing dates. For some payment methods, the issuer of your payment method may charge you specific fees, such as a foreign transaction fee or other fees relating to processing your payment. Local tax charges may vary depending on the payment method used.

  • e)

    You can cancel your subscription at any time. You will have access to our services until the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial-month subscription periods or new content.

5. REPRESENTATIONS, WARRANTEE AND COVENANTS GIVEN BY YOU

  • a)

    You have represented and warranted that you have attended the legal age to enter into a contract. Any person below the age of 18 years shall access the Website under parental control. A minor cannot be our subscriber. Parents can exercise their discretion not to allow a minor to access the Website or any particular Content of the Website.

  • b)

    You agree and acknowledge to provide your accurate details while creating an account with us by signing in to our Website or subscribing to our Services. The parties may include but are not limited to complete name, age, email address, billing address, contact number, valid payment methods, card details, etc.

  • c)

    We can revise and update this Agreement from time to time at our sole discretion. All changes are effective immediately when we post them and apply them to all access and use the Websites after that. We shall notify you of any such changes and updates in our Terms and Conditions. However, any changes to the dispute resolution provisions outlined in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Websites. Your continued use of the Websites following the revised Terms of Use posting means that you accept and agree to the changes. You are expected to go through the changes and updates notified to you from time to time; the same shall be binding on you.

6. TERMS OF SERVICE

  • a)

    All the Content (except Third Party Generated Content) on the Website including the website codes, text, literature, policies documents, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork are our propitiatory content protected by copyright laws, trademarks laws, and other intellectual property rights. You shall not do any unauthorized copy or deduction of the Content. Any concern regarding any Content present on our Website shall be subject to our Copyright Policy given under Clause 14 of this Agreement.

  • b)

    Third-Party Generated Content: All codes, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, audio-visuals, and artwork that are generated by any third party called the Third Party Generated Content. We do not own or have any control over such content. We are merely an intermediary for such Content. Hence, we shall not be liable for such content in any manner whatsoever. You acknowledge and agree that we provide access to such tools without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of any third-party content. Any use by you of the Third Party Content offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s)

  • c)

    You shall solely be responsible for making yourself aware of the terms and conditions and the privacy policy of such Third-Party content used by you. Your application of such Third-Party content shall be exclusively governed by the terms and conditions of this Website.

  • d)

    You may use the information available on the Platform only for (i) use such information only for your personal, non-commercial informational purpose and (ii) you shall not reproduce, modify, create derivative works of, publicly broadcast, download, store or transmit any material from our website.

  • e)

    You may use the Website solely for lawful purposes and in accordance with the terms and conditions of this Website. We hold the right to cancel your subscription and/or revoke your account according to clause 8 of this Agreement.

  • f)

    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Agreement.

7. ACCESS TO THE SITES AND SERVICES

  • a)

    Users are responsible for making all arrangements and payments necessary for a User to have access to our Sites and Services, including internet connections, computer equipment, and software.

  • b)

    We are not responsible for (i) the availability of the internet or any communications network; nor (ii) any malfunctions, errors, or other damage in or to connections, equipment, or software that may occur concerning your use of the Sites or Services.

8. LIMITATION OF LIABILITY

  • a)

    We have endeavored to ensure that all the information on the website is accurate and up-to-date. However, information on the Website pages may contain inaccuracies or typographical errors and may be changed or updated without notice.

  • b)

    In no event will we or our legal heirs, its affiliates, or the licensors, service providers, employees, agents, directors, be liable for any loss arising out of the use of the information on this Website. The information is provided without warranty of any kind, either express or implied. We do not accept any liability or responsibility for any loss including but not limited to any loss of a business, job, job opportunity, customers, revenue, profit, contracts, data, software or reputation, or wasted time, reputation, mental and physical discomfort, risk whether caused by tort (including negligence), breach of contract or otherwise, and even if foreseeable that may arise from any reliance on the content of this Terms and Conditions.

  • c)

    The content of this Website is for general guidance only and should not be regarded as constituting legal or business advice or opinion. Legal and business advice should be sought and taken about the specific circumstances of each case. Nothing appearing on this Website is intended to be a substitute for obtaining specific legal and/or business advice from a competent professional.

  • d)

    This website contains links to other websites. We are not responsible and cannot be held liable for the content and/or for the privacy policies of such sites.

  • e)

    If You are an advertising/promotional agency, you shall be also subject to our Advertisement Policy.

9. DISCLAIMER AND NON-WAIVER OF RIGHTS

  • a)

    We in no way represents that any content available on the Website and/or bills generated during the User’s use of the Website indicates any advice given by professionals. The User is advised to use his/her prudence and take the services of professionals including but not limited to a Chartered Accountant, Lawyer, Tax Consultant. The Website shall take no responsibility, whatsoever, for any loss incurred by the User.

  • b)

    The Services provided are on an “AS IS” and “AS AVAILABLE” basis. Your use of the Service is at your sole risk.

  • c)

    We do not represent the veracity and genuinely of the invoices generated from our Website and software.

  • d)

    The Website, its subsidiaries, affiliates, and its licensors do not warrant that:

    • a)

      The Service shall be uninterrupted, secure or available at any particular time or location;

    • b)

      Any errors or defects shall be corrected;

    • c)

      The Service shall be free of viruses or other harmful components; or

    • d)

      The result of using this Service will meet your requirement.

10. PROHIBITED USE OF THE WEBSITE:

You are prohibited from using the site or its content:

  • a)

    for any unlawful purpose or for generating any fake invoices;

  • b)

    to solicit others to perform or participate in any unlawful and fraudulent acts;

  • c)

    violates any applicable laws, state, local or international laws or regulations included but not limited to the laws of India and other countries.

  • d)

    includes exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content.

  • e)

    to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • f)

    to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  • g)

    to submit false or misleading information;

  • h)

    to upload or transmit viruses, worms, logic bombs, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

  • i)

    to collect or track the personal information of others;

  • j)

    to spam, phish, pharm, pretext, spider, crawl, or scrape;

  • k)

    for any obscene or immoral purpose; or

  • l)

    to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

  • m)

    includes use of any device, software and/or routine that interferes with the proper functioning of the Website.

  • o)

    attempts to gain unauthorized access that interferes and damages the server or any part of the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • p)

    engages in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or expose them to liability.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

11. CONSEQUENCE OF BREACH OF THESE TERMS BY USERS

  • a)

    In case, you breach or we reasonably suspect that there may be any breach of any obligations under this Agreement, we may immediately and without notice suspend your access to and use of the Websites and Services, or any part of the Websites and Services or Content and/or remove any of your Content. We may also terminate your access to the Websites and Services including your subscription. You will not be entitled to any compensation for any period of suspension. In case of any criminal breach, we reserve our right to claim damages. We also reserve our right to take requisite legal action against you.

  • b)

    You agree to indemnify us and our representatives against all claims, loss, or damage that we or they may incur as a result of a breach by you of your obligations under these terms, including any claims, losses, or damage arising from inaccurate or unlawful content which you upload, provide or transmit and perform the prohibited use of the Website.

12. TERMINATION OF THIS USER AGREEMENT

  • a)

    You can terminate the access to this Website and Services and request removal of your profile(s) at any time.

  • b)

    As a logged-in User, you shall give notice to us by email or in writing at least two weeks in advance of your proposed date for such termination and removal along with the reason for the same. This is to allow us time to remove your profile from the relevant Sites and disable your access rights and login details as required.

  • c)

    In case of any material breached of any terms and conditions of this Agreement by you, we may immediately terminate your access to the Website, without prior notice or liability, for any reason whatsoever, if you breach the terms of service.

13. CONSEQUENCE OF TERMINATION

  • a)

    You will not be entitled to any other compensation and/ or refunds of any nature for any such termination.

  • b)

    Following termination of your access to or use of any Sites and Services for any reason, we may remove your profile(s) from the Site (if not already removed) and disable your login details, including username(s) and passwords. We may however retain your profile and other personal details on our internal systems for record-keeping purposes following our privacy policy.

  • c)

    Upon expiration and/or early termination of this Agreement, all rights granted to us under this Agreement shall cease to have any force. However, the termination or expiry of this Agreement, for any reason, whatsoever, shall not affect any rights and/or obligations, which; (a) accrued before the date of such termination or expiry (b) expressed or intended to continue in force after and despite expiry or termination.

14. ANY CHANGES TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT OR ANY OTHER POLICY DOCUMENT INCLUDED WITH REFERENCE

  • a)

    We may, at any time and our absolute discretion, make temporary or permanent changes, additions, or deletions in the Terms and Conditions of this Website User Agreement and other policy documents referred herewith by reference.

  • b)

    We may on a reasonable-effort basis notify our subscribers of material changes made hereunder. It is your liability to refer to these terms regularly on our Website.

  • c)

    By continuing to use the Website and/or any of our Services after such changes, it shall deed that you agree to such changes. If you are not happy with any changes, you may terminate your use of the Sites and Services under the terms of this Agreement.

  • d)

    The Website and the Services (and any content) may also be unavailable for occasional periods for repair, maintenance or upgrading, or interruptions in the network or communications services provided to us. You agree not to hold us liable for any loss or damage caused by such occasional periods of unavailability.

15. ADVERTISEMENT AGENCY

  • a)

    Our Advertisement Policy/contract between us and the Advertisement Agency shall apply to the Advertisement Agencies.

  • b)

    Advertisement Agency shall ensure to comply with all applicable legal requirements, advertising standards, and codes of practice.

  • c)

    Advertisement Agency shall not post any advertisement for our competitors.

  • d)

    We have the right to remove an advertisement immediately that contradicts our Advertisement Policy/contract, any applicable law, and these Terms & Conditions.

16. INTELLECTUAL PROPERTY RIGHTS

Including but not limited to name “_________”, the terms, domain name, marks, logo, content and all related names, websites, logos, products, services, designs, taglines and slogan, are the intellectual property of _________. You shall not use such marks, logo, content, taglines, slogan and such other intellectual property without our prior written permission. All other names, logos, products, services, designs, taglines and slogans on the Website belonging to third parties are the intellectual property of such other third parties.

17. INDEMNIFICATION

  • a)

    You hereby defend and indemnify us and shall always keep indemnified and hold harmless the other from all claims (including third party claims), liabilities, losses, damages, costs, and expenses, including reasonable attorney’s fees and ancillary and incidental expenses, arising out of or relating to (i) the breach of any representation and warranty under this Agreement; (ii) the breach of any terms and conditions under this Agreement; (iii) breach/ violation of any applicable laws/ regulation/ rules throughout the Territory; (iv) breach/ infringement/ passing-off of any third party intellectual property rights, concerning the Content, including any portion thereof, Rights and/ or license, in any manner whatsoever.

  • b)

    Survival. This clause shall survive the early termination or expiry of this Agreement.

18. GENERAL

  • a)

    Waiver: No waiver of any provision hereof shall be effective unless made in writing and signed by the Parties;

  • b)

    Force Majeure: Neither Party shall be liable under this Agreement because of any failure or delay in the performance of its obligations under this Agreement on account of an event that prevents either party from performing any obligation under this Agreement that is beyond the reasonable control of such Party;

  • c)

    Notices: All notices under this Agreement shall be in writing in English language and shall be sent by one Party to the registered email (registered with the Website).

  • d)

    This Agreement shall be governed by the Laws of India and the courts of Mumbai shall have an exclusive jurisdiction.

  • e)

    Relationship: Nothing contained in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency, or employment between the Parties. The relationship of Parties hereto shall be that of Principal to Principal

  • f)

    Survival: All obligations under this Agreement which, by their very nature should reasonably survive the termination or expiration of this Agreement, will so survive;

  • g)

    Invalidity and severability: If any part of this Agreement is adjudged by a Court of law to be invalid or unenforceable or contrary to any applicable law or regulation;

I agree and acknowledge by continuing to use/visit the Website.