This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and the rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- General Terms
- Application Overview
- Payment Gateway
- Limitation of Liability
- User Obligations and Formal Undertakings as to Conduct
- Suspension of user Access and Activity
- Intellectual Property Rights
- Disclaimer of Warranties and Liabilities
- Force Majeure
- Dispute Resolution and Jurisdiction
- Miscellaneous Provisions
- Entire Agreement
- Contact us
For the purpose of these Terms, wherever the context so requires, “you”, “your”, “yourself”, “user” shall mean and refer to natural and legal individuals who shall be users of this Application and who is competent to enter into binding contracts, as per Indian laws.
“Third Parties” refer to any Application, Application or individual apart from the users and the creator of this Application.
“Application” refers to this Application created by us.
All services and information displayed on this Application constitute only an “invitation to offer”. your purchase through the Application constitutes an “offer” which shall be subject to the terms and conditions as listed under this Terms or in any other documents listed on the Application. We reserve the right to accept or reject an offer through this Application.
The headings of each section in these Terms only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Application and its services.
your use of this Application is solely governed by these Terms that may be uploaded on the Application and any modifications or amendments made thereto by us from time to time is at our sole discretion. If you continue to access and use this Application, you are agreeing to comply with and be bound by the following terms.
you unequivocally agree that these Terms constitute a legally binding agreement between you and us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Application, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same. you acknowledge and agree that no signature or express act is required to make these Terms binding on you and that your act of visiting any part of this Application constitutes your full and final acceptance of these Terms.
We reserve the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Application at once. your continued use of the Application will signify your acceptance of the changed terms.
The Application is a Bookkeeping App that let you manage and also helps you keep a record for all your businesses such as income, expenses, salaries, orders, customer details etc. Furthermore, you can also manage all personal as well as household record such as grocery list, budget, travel plan, personal documents etc.
Registration is mandatory for all users of the application. The Registrations shall be deemed complete only upon the user’s authentication and verification of the user’s details through the mobile and OTP authentication. Furthermore, users can also log in using google account.
- you further represent that you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
- you shall not use the Application if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the third parties and we have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Application.
All the content displayed on the Application is subject to copyright and shall not be reused by you or a third party without prior written consent from the copyright owner.
We bear no liability whatsoever for any feedback or comments made by the users or made in respect of any of the content on the Application. Further, we reserve our right to suspend the account of any user for an indefinite period to be decided at the discretion of the Application or to terminate the account of any user who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. you shall be solely responsible for making good any financial or legal losses incurred through either the creation/sharing/submission of content or part thereof that is deemed to be untrue/inaccurate/misleading.
you have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Application. you shall not copy, adapt, and modify any content without written permission from us.
- your use of the Application,
- your violation of these Terms;
- your violation of any rights of another;
- your alleged improper conduct according to these Terms;
- your conduct in connection with the Application;
you agree to fully cooperate in indemnifying us at your expense. you also agree not to settle with any party without consent from us.
In no event shall we be liable to compensate you 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, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Application and/or the services or materials contained therein.
LIMITATION OF LIABILITY
- The Founders/ Promoters/ Directors/ Associated people are not responsible for any consequences arising out of the following events:
- If the Application is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If you have fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by us;
- If there is a failure in the functioning of any other service provided by us.
- The Application accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any third party, resulting from the use or misuse of the Application or any service availed of by us through the Application. 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. We will not be liable to you for the unavailability or failure of the Application.
- To the fullest extent permitted by law, We 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 Application.
- These Terms shall continue to form a valid and binding contract between you and us and shall continue to be in full force and effect until you continue to access and use the Application.
- We may terminate these Terms and close your account at any time without notice and/or suspend or terminate your access to the Application at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
- It is also hereby declared that we may discontinue the Application without any prior notice.
- We reserve the right, in its sole discretion, to unilaterally terminate your access to the Application, or any portion thereof, at any time, without notice or cause.
- We also reserve the universal right to deny access to you, to any/all of are on its Application without any prior notice/explanation to protect the interests of the Application and/or other users to the Application.
- We reserve the right to limit, deny or create different access to the Application and its features concerning different users, or to change any of the features or introduce new features without prior notice.
- You shall continue to be bound by these Terms, and it is expressly agreed to by you that you shall not have the right to terminate these Terms till the expiry of the same.
By using this Application and providing your identity and contact information to us through the Application, you agree and consent to receive calls, e-mails or SMS from us and/or any of its representatives at any time.
You can report to “email@example.com” if you find any discrepancy with regard to Application or content-related information and We will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
you agree and acknowledges that you are a restricted user of this Application and you:
- Agree to provide genuine credentials during the process of registration on the Application. you shall not use a fictitious identity to register. We are not liable if you have provided incorrect information.
- Agree to ensure the Name, Email address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
- you agree that you are solely responsible for maintaining the confidentiality of your account password. you agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Understand and acknowledge that the data submitted is manually entered into the database of the Application. you also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the Services through the Application.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Application. Any such use/limited use of the Application will only be allowed with the prior express written permission.
- Agree not to access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface provided by the Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application will lead to suspension or termination of your access to the Application. We disclaim any liabilities arising concerning such offensive content on the Application.
- Expressly agree and acknowledge that the Content generated/uploaded by the users and displayed on the Application is not owned by us and that We are in no way responsible for the content of the same. you may, however, report any offensive or objectionable content, which We may then remove from the Application, at our sole discretion.
you further undertake not to:
- Engage in any activity that interferes with or disrupts access to the Application or the Services provided therein (or the servers and networks which are connected to the Application);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. The user may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Application, or any other viewer of the Application, including any user account maintained on the Application not operated/managed by the user, or exploit the Application or information made available or offered by or through the Application, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Application or any affiliated or linked Applications.
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the Application;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Commit any act that causes us to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Application;
- you hereby expressly authorize us to disclose any and all information relating to you in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. you further understand that the Application might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- By indicating your acceptance to use any services offered on the Application, you are obligated to complete such transactions after making payment. you shall be prohibited from indicating your acceptance to avail services where the transactions have remained incomplete.
- you agree to use the services provided by us, our affiliates, consultants and contracted companies, for lawful purposes only.
- you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar you from using the Application without prior intimation whatsoever.
- you agree not to post any material on the Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Application, and/or refuse to the usage of the Application, without being required to provide you with notice or cause:
- If you have provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other users or us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the Application’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Application and other distinctive brand features of the Application are the property of the Application or the respective copyright or trademark owner. Furthermore, concerning the Application, we shall be the exclusive owner of all the designs, graphics and the like, related to the Application.
You shall not use any of the intellectual property displayed on the Application in any manner that is likely to cause confusion among existing or prospective users of the Application, or that in any manner disparages or discredits the Application, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. you are aware that we merely provide the Application through which you can communicate with other users and the Application does not own any of the intellectual property relating to the independent content displayed on the Application, apart from created graphics and specified content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- You further agree and undertake that you are accessing the Application at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Application or accessing/using any information displayed thereon.
- You agree that any kind of information, resources, activities, recommendations obtained/availed from the Application, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
- We do not guarantee that the features and content contained in the Application will be uninterrupted or error-free, or that the Application or its server will be free of viruses or other harmful components, and you hereby expressly accepts any associated risks involved with your use of the Application.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city Jaipur, Rajasthan, India.
Any and all communication relating to any dispute or grievance experienced by you may be communicated to us by emailing to firstname.lastname@example.org
Grievance Officer: In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Anupam Vijayvergia
- Contact us: If you have any questions about these Terms, the practices of the Application, or your experience, you can contact us at email@example.com or you can address the notices at the following address.
M/s Swific Technology Pvt Ltd