Term Of Service
Term Of Service
A. General Terms
Agreement
This Agreement describes the terms governing your use of the Xuriti’s online platform provided to you on this website or as a software application on a phone, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
- Xuriti’s Privacy Statement
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
Your Rights To Use The Services
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the platform and only for the purposes described by Xuriti. Xuriti reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Xuriti grants to you a limited, nonexclusive, non-transferable right and license to use the Platform.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
- Connect the Service with any other unauthorised service, software or product,
Modification To Services.
We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined in the role selection matrix) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
Account Features.
Trial Version. If you registered for a trial use of the Services, you will have access to the Services for the specified period of the trial (“Trial Period”). You must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial.
Subscription
- Payment for Services : The Services are licensed on a monthly/quarterly/annual subscription basis. Please review all of the details of the subscription that you purchase; some subscriptions may provide access to one Service and others provide access to more than one Service.
- Cancellation of Subscription : The Administrator may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period. In the event that Xuriti does not receive the subscription in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as Xuriti is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.
Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
- XURITI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Your Personal Information.
You can view Xuriti’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Xuriti Privacy Statement, and changes published by Xuriti. You agree that Xuriti may use and maintain your data according to the Xuriti Privacy Statement, as part of the Services. You also give Xuriti permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Services. For example, this means that Xuriti may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users. You hereby agree that the “reasonable security practices and procedures” under section 43A Explanation (ii) of the Information Technology Act, 2000 means the Xuriti’s Privacy Statement and such data security procedures that Xuriti may implement from time to time and which may, in Xuriti’s discretion, be informed to you from time to time.
By accessing this terms and conditions, you understand that you are hereby given consent to Flipbill Technologies Private Limited (referred to as “Xuriti”, “we”, “our”, or “us”) for collecting and using certain personal information about you, which may include without limitation personal information such as name, e-mail address, gender, date of birth, mobile number, passwords, photograph, Aadhaar details, PAN card details, entity details and any other Officially Valid Documents prescribed in Master Direction of Know Your Customer, 2016 of RBI, business information, financial information such as bank documents, bank statements, , credit report from credit bureaus or any other agencies authorised by RBI in this behalf, POS transaction data and other relevant details (collectively referred to as “information”). You are hereby expressly authorised Xuriti/ its Partner for sharing such information to its Lenders/ Credit Information Companies/ agents/contractors/service providers for the purposes of KYC authentication, processing of Loan Application and grant of Loan, subsequent monitoring of the same and such other purpose as may be required in adherence to the Laws of India.
Content
- Fraudulent, libelous, offensive, hateful, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local or foreign law; indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, lascivious, sexually explicit, pornographic, paedophilic, abusive, threatening, menacing, misleading, derogatory, harassing, illegal or defamatory information or communication, that is likely to disturb public tranquility and peace, cause feelings of enmity, hatred or ill will between different religious, racial, ethnic, language or regional groups or castes or communities or disrupts the harmony between them or provokes disturbance, causes hurt to the religious sentiments of a community or harms minors in any way, insults the modesty of a woman or which contain false information about any person or organization or harms such persons life, reputation and/or property, or any material that interferes with the ability of others to enjoy or utilize the Services, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever. We do not tolerate harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability;
- Content or data that belongs to another person and to which you do not have any right to;
- Content or data that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor) or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Except as otherwise permitted by Xuriti in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
Xuriti may monitor your Content.Xuriti may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Xuriti or its customers, or operate the Services properly. Xuriti, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
Additional Terms
Xuriti does not give professional advice. Unless specifically included with the Services, Xuriti is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
Communications. Xuriti may be required by law to send you communications about the Services or Third Party Products. You agree that Xuriti may send these communications to you via email or by posting them on our websites.
You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Xuriti if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
Disclaimer Of Warranties
YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XURITI, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. XURITI AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
XURITI, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES ARE IN ACCORDANCE WITH APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF INDIA AND FOR THE AVOIDANCE OF DOUBT XURITI DOES NOT EXCLUDE OR LIMIT LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.
Limitation Of Liability And Indemnity.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF XURITI, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, XURITI, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET XURITI SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF XURITI AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF XURITI, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Xuriti and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Xuriti reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Xuriti in the defense of any Claims.
Changes
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Termination.
Xuriti may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Xuriti’s rights to any payments due to it. Xuriti may terminate a free or trial account at any time. Clauses 3 through 21 will survive and remain in effect even if the Agreement is terminated.
Governing Law And Dispute Resolution.
This Agreement shall be governed by, subject to and interpreted in accordance with the laws of India, and, any dispute arising out of or relating to this Agreement, or the breach thereof, whether occurring while this Agreement is in effect or thereafter, shall be resolved through binding arbitration conducted in accordance with the (Indian) Arbitration and Conciliation Act, 1996 by an arbitrator selected in accordance with such Act and agreed to by the parties. The arbitration proceeding shall take place at Bangalore, India and shall be conducted in the English language, including notices between the parties. Notices between the parties shall be by personal delivery, facsimile transmission, or certified or registered mail, return receipt requested, and shall be deemed given upon receipt at the address of the recipient party or ten (10) days after deposit in the mail. If the notice is to Xuriti, it shall be sent to hello@xuriti.io. Each party shall pay its own legal fees of and incidental to the preparation, completion and enforcement of this Agreement. In the event of any invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision. Subject to the above arbitration, the parties hereby submit to the exclusive jurisdiction of the courts of Bangalore
Language
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.
General
This Agreement, including the Additional Terms below, is the entire agreement between you and Xuriti and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Xuriti. However, Xuriti may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Xuriti or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Xuriti via an email to: hello@xuriti.io. If applicable, you agree to pay any documentary stamp fees (where applicable) and registration fees with respect to this Agreement. To the extent that this Agreement is to be registered or recorded with the competent authority under the relevant laws, You agree to be responsible to complete such registration or recordal in a timely manner.
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