Terms of use
The following Terms of Use (“Terms”) together with the Privacy Policy
govern the access or use by you (hereinafter referred to as the “User” or “You” or “Your”) of the proprietary mobile applications, platform, website, (collectively “Company Systems”) of Perfios Software Solutions Private Limited (“Company”) accessed or used via any mobile phone handset, tablet or other communication device.
The Company is engaged in providing to banks, financial institutions, corporates and individuals, cloud-based software services. You will also be subject to the terms and conditions of any such third- party customers of the Company in addition to these Terms.
By accepting the terms herein, or by accessing, viewing or using the Company Systems, You agree to be bound by these Terms and Privacy Policy and this constitutes Your binding, legal obligations towards the Company. These Terms may be modified at any time by the Company. You agree that it shall be Your responsibility to ascertain the changes to the Terms by reviewing the Terms from time to time. If You do not agree to the Terms, You should not access, view or use the Company Systems.
PART A – REGISTRATION AND USE
1. Access
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You agree and understand that You are entitled to access the Company Systems pursuant to these terms herein. You acknowledge that Your access and use of the Company Systems (including the nature, type and extent of such access and use) will always be subject to these terms and may be altered as and when deemed fit by the Company.
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You represent that You access and use the Company Systems pursuant to valid authorization provided to You. Should the Company discover that You do not have valid authorization then it shall suspend Your access and use of the Company Systems and take appropriate action against You for improper use of the Company Systems.
2. User information
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You represent that You have the rights and authorizations required to upload, generate or publish all User Information through use of the Company Systems.
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All User Information will be used and processed in accordance with these Terms and the Privacy Policy (which is deemed to be part of these Terms). “User Information” means any information, image, content, file, list, web-link or such other material that is uploaded, generated or encountered by You through use of the Company Systems;
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You agree that the User Information uploaded by You can be used and viewed by other third parties who access and Use the Company Systems.
3. Permitted use
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You are permitted to use the Company Systems in accordance with the authorization and instructions provided to You and in accordance with these Terms.
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The Company is incorporated in India with headquarters in Bangalore, Karnataka. Access to the Company System may be restricted or prohibited in certain geographies. If You access the Company System from outside India, You acknowledge to do so on Your own will and You shall be solely responsible for compliance with the applicable laws as applicable in Your jurisdiction.
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You will use the Company Systems in accordance with all applicable laws and regulations.
4. Prohibited use
In relation to the use and access of the Company Systems, You agree and undertake not to:
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Re-sell the functionalities or services provided by the Company Systems;
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Use the Company Systems to host, display, upload, modify, publish, transmit, update or share any information, material or content that does not belong to You;
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Use the Company Systems to host, display, upload, modify, publish, transmit, update or share any information, material or content which is grossly harmful, harassing, defamatory, blasphemous, offensive, obscene, pornographic, pedophilic, libelous, invasive of others’ privacy, hateful, racially or ethically objectionable, disparaging, relating or encouraging gambling, money laundering or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex or is otherwise unlawful in any manner;
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Use the Company Systems (including by hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information, material or content) to harm or attempt to harm minors in any way;
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Use the Company Systems to create, host, publish, share or transmit material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party;
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Use the Company Systems to host, display, upload, modify, publish, transmit, update or share any information, material or content for unlawful purpose;
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Use the Company Systems (including by hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information, material or content) to impersonate another person;
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Use the Company Systems to host, display, upload, modify, publish, transmit, update or share any information, material or content that contains software viruses or any other computer codes, files or programs designed to harm or interrupt, destroy or limit the functionality of any computer resource;
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Use the Company Systems to host, display, upload, modify, publish, transmit, update or share any information, material or content that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
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Use the Company Systems in any manner which is not permitted under these Terms;
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Use the Company Systems for any unauthorized marketing purposes or for sending any unsolicited materials or advertisements.
PART B - INTELLECTUAL PROPERTY
1. Intellectual property. You agree and understand that:
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The Company Systems including but not limited to the Company information, logos, designs, databases, arrangement of databases, features, functionality, user interfaces, response formats, software, audio, pictures, logos, icons incorporated therein are the sole property of the Company or its licensors. All intellectual property in and to the Company Systems and its contents and functionalities shall vest solely with the Company or its licensors.
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Save for the limited right to access and use the Company Systems in accordance with the Terms, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Company Systems or any of its contents and functionalities.
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Notwithstanding anything to the contrary in these Terms or elsewhere, You must not reproduce, distribute, modify, create derivative works display/perform publicly, republish, store or transmit any of the information and/or material made available on the Company System for any commercial purposes other than for the purpose of Your legitimate personal uses for which the Company System is intended for consumers (whether as a registered user or a guest), subject to these Terms.
PART C – INDEMNITY & LIMITATION OF LIABILITY
1. Indemnity:
You agree to indemnify and hold harmless the Company, its directors, shareholders, officers, employees, suppliers, channel partners, vendors, agents, against any claims, losses, damages or costs arising from (i) Your use of the Company Systems and its contents, or (ii) Your breach of these Terms.
2. Limitation of Liability
The Company shall not be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages. In no event shall the Company or its affiliates be liable on any theory of liability, whether in an equitable, legal, or common law action arising hereunder for contract, strict liability, indemnity, tort (including gross negligence), or otherwise, for damages which, in the aggregate, exceed the amount of INR 1,00,000 (Indian Rupees One Lakh).
PART D – MISCELLANEOUS
1. User postings
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The Company System may contain on its website, messaging / chat rooms, web pages or forums or the like to facilitate the users to post, submit, publish, display, transmit or share with other users or other persons feedback along with ratings and reviews, surveys, and other communicative features (collectively, "Communicative Features") on or through the Company System (collectively, "User Postings"). Such User Postings must comply with the Standard Compliance set out in Section 7 herein below. Such User Postings will be considered non-confidential and non-proprietary and shall be displayed to the public on the Company’s website. By posting any User Postings on the Company Website, the Company and its affiliates and service providers get a deemed right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
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You agree and acknowledge that it is Your sole responsibility for any and all of the content, reliability, legality, accuracy and appropriateness of User Postings uploaded and submitted on the Company System.
2. Standard Compliance
You acknowledge and agree that the use of Communicative Features and User Postings shall comply all applicable federal, state, local and international laws and subject to, without limitation, the following requirements that such User Postings and/or Communicative Features should not,
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contain any kind of defamatory, libelous, slanderous, abusive, discriminatory, offensive, or otherwise any objectionable material;
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endorse violence, sexually explicit or pornographic substance;
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promote, support or encourage any illegal activity or any kind of discrimination based on, without limitation, race, sex, religion, nationality, disability;
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result in any third party infringement of patent, trademark, trade secret, copyright or other intellectual property;
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misguide by way of impersonation or otherwise misrepresent Your identity;
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lead to distress, annoyance, inconvenience to any other user or third party.
3. Disclaimers
The Company does not represent or warrant in any manner:
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The Company Systems will be available at all times and will operate error free or that there will be uninterrupted access and service;
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The integrity of the User Information will be maintained;
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The Company Systems are free from viruses or other malware;
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The Company does not recommend or supply any third party, including without limitation, vendor, suppliers, Company’s channel partners images, makes no warranties pertaining to its ownership, and expressly disclaim any responsibility with respect to any accuracy, rights to use or verification of the ownership of, including without limitation, images, graphics, photographs, videos, illustrations, on the Company System.
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The Company shall not in any manner be liable to You for any loss, damage, liability, expense or claim suffered by You in any manner by Your Use of the Company Systems. You expressly release the Company, its director, officers, employees, suppliers, channel partners, vendors and representatives from any loss, damage, liability, expense, claim or other consequence of any use by You of the Company Systems.
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The Company hereby disclaims and expressly waives all other conditions, representations and guarantees, whether express or implied, arising by law, custom, oral or written statements of Licensor or third parties including, but not limited to, any warranty of merchantability, non-infringement or fitness for particular purpose or of error-free and uninterrupted use of the Company Systems.
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The Company tries to make available all the information on the Company System as accurate as commercially possible; nonetheless, sporadically changes and errors may occur, in which case the Company reserves the right to make appropriate corrections. It is Your responsibility to check the tariff and other details relating to the Fixed Collections that you intend to avail.
PART E - GENERAL
1. Links to Third Party Websites:
Links to external, or third-party websites, may be provided solely for Your convenience. Such links from the Company to an external website does not imply or mean that the Company endorses or accepts any responsibility for the content or the use of such website. The Company does not give any representation regarding the quality, safety, suitability, or reliability of any external websites or any of the content or materials contained in them. It is important for You to take necessary precautions, especially to ensure appropriate safety from viruses, worms, Trojan horses and other potentially destructive items. Further, You agree that hyperlinks and hypertext links are provided on the Company Systems to promote easy access to the variety of information and services provided. The Company accepts no liability, whatsoever, arising out of the use of such links.
2. Termination
The Company reserves the rights to terminate Your access to the Company Systems at any time if You are in breach of these Terms. You acknowledge the Company’s rights set out in this Section 12(a) and waive any claim that You may have arising from such termination. Notwithstanding the termination of Your access to the Company Systems, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.
3. Force majeure
In no event shall the Company be liable for failure or delay that is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond the Company’s control.
4. Waiver
No waiver of any provision of these Terms shall be binding on the Company unless executed and notified by the Company in writing to You. No waiver of any of the provisions of these Terms by the Company shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver.
5. Entire Agreement
These Terms read along with the Privacy Policy shall constitute the entire agreement between You and the Company for the Your access and use of the Company Systems.
6. Severability
If any provision of these Terms is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms, which shall remain in full force and effect.
7. Governing law
These Terms are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction and venue of the competent courts located in Bangalore, Karnataka for all disputes arising out of or relating to these Terms. Any difference or dispute or claim arising out of or in relation to these Terms, shall be resolved by a single arbitrator to be mutually agreed upon within 30 (thirty) days of the dispute and appointed by the parties failing which an arbitrator shall be appointed by the Company in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration proceeding shall be Bengaluru, India. All proceedings shall be in English. The award of the Arbitrator shall be final and binding on the parties.
END OF TERMS & CONDITIONS
