TERMS OF SERVICE

1. Introduction :

   1. This document titled Terms of Service (Hereinafter “Document” / “Agreement”) between SoftTech Engineers Limited, SoftTech Towers, S NO 1/1A/7 8 15 16 17 Plot No B,,D 1-Baner, Opp. Royal Enfield Showroom, Baner Road, Pune 411045 (Hereinafter “Company”) and the You / the entity that You represent (Hereinafter “You” / “User”).
   2. This Agreement arises in regards to the use of “CivitBUILD” (Hereinafter “Services”) that the User wishes to gain access to and has therefore agreed to abide by the terms of this Agreement as laid down by the Company and includes any and all subsequent amendments made hereinafter to the Agreement unless otherwise is explicitly stated.
   3. You can access the Services only if you agree to the terms and conditions as specified below in full. If there are any terms and conditions that you do not accept please do not continue to use the application of the Services.
   4. When using the application of the Services, You shall also undertake to comply with the requirements of law of the land for the time being in force, including but not limited to the Information Technology Act, 2000 and/or subsequent amendments / rules / ordinances / notifications made in regards to the same.
   5. Should you access and/or use the Services in contravention of the terms and conditions you shall bear any and all consequences / actions / damages / cost / legal issues civil and/or criminal in nature that arise from such actions.
   6. The terms and conditions as specified under this Agreement may appear as specific and/or general in nature and application. However, unless explicitly stated therein, all terms as stated and/or specified directly / indirectly under this Agreement shall be deemed to be applicable to all Users who wish to gain access to the Services.

2. Legal Recognition :

   1. This document is being published in accordance with the provisions as stated under Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require the publishing of terms of service, privacy policy and user agreement for the purposes of access and usage of the website/ application of the Services.
   2. This electronic document and any other electronic documents, policies and Guidelines incorporated herein will be:
      1. deemed to in accordance with Section 4 of the Information Technology Act, 2000 -Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is-:

         (a) rendered or made available in an electronic form; and

         (b) accessible so as to be usable for a subsequent reference.

      2. deemed for all purposes to be “ a writing” or “in writing” writing, ending all statutory, contractual, and other legal requirements for a writing;
      3. legally enforceable as a signed writing as against the parties subject to the electronic documents; and
      4. deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

3. Description of Services:

   1. The Company via the Services provides the User with a wide array of services specific to areas of industry associated with and arising from and/or in regards to the construction services. The Services provides the User with a singular platform to actively engage, administer, view, request, hire, enjoin and/or supervise various entities who are associated directly / indirectly with workings for which the User has engaged the Services. The User may refer to the User manual and / or guides part to the Services to further understand the Services.

4. Eligibility :

   1. You must be above 18 (Eighteen) years of age in order to use the Services. By accepting these terms and conditions, You are representing the following:
      1. That you are above 18 (Eighteen) years of age;
      2. That you have the capacity, authority and right to use the application in regards to the Services;
      3. That you have a complete and comprehensive understanding of the terms and conditions and agree to abide by the same;
      4. That you satisfy any and all further qualifications and requirements for the Services deemed necessary and appropriate by the Company.

5. Relationship between the parties :

   1. That the User and the Company agree that the relationship created between them as under this Agreement shall be that of two independent parties. Nothing in this Agreement shall hold / identify / deem / consider / interpret the relation between the User and the Company as that of being each other’s agents, partners, associates or that there exists any relation between them similar in any manner to that of an Employer – Employee , Master – Servant or any other relationship apart from that as laid down under this Agreement.

6. Registration and User ID :

   1. In order to utilise the Services via its application, You will be required to fill details as deemed necessary by the Company. You will have to sign up and undergo any and all processes as required for the proper functioning of the Services. You accept / agree / acknowledge that the data / information filled as part of your registration with the Services is true and to the best of your knowledge. You agree that you will not hold the Services and/or the Company liable for any and all actions, legal and/or otherwise, that may arise in regards to any incorrect / wrong / incomplete / mistaken / misspelt data and information filled by you during your registration with the Services.
   2. The Services and the Company shall not in any manner share your data / information apart from the methods/ manner / conditions as specified under this Agreement and/or other documents (including but not limited to) the privacy policy. The Company shall also take all reasonable precautions to prevent any disclosure / release of Your login details and passwords.
   3. You accept that you take sole responsibility for safely using the login and continued access details such as ID, password, recovery options, messages, OTPs, device linking etc. You shall not hold responsible the Company/Services responsible for any loss / theft / corruption of data /information and/or disclosure / release of Your password and consequential damages that might arise from such actions. You accept that you will also not hold the Company / Services responsible for any third party usage of your account with the Services and damages arising from the same.
   4. In the event that You are made aware of any unauthorised usage of / access to your account, please immediately contact the Grievance Officer as specified under this Agreement.

7. Subscription to the Beta Services :

   1. The User shall have the option in certain circumstances to subscribe to the Beta version of the Services. Users who wish to access such Beta Services shall abide by the following terms:
      1. Beta Evaluation Period

         The extent of time for which the User shall be granted access to use the Beta Version of the Services (Hereinafter “Beta Evaluation Period”) shall be determined and displayed by the Company on the Services where the User may be able to accurately discern the same.

      2. Subscription Fee and other payments:
         1. The User shall not be required to pay a subscription fee to the Company in order to engage and /or partake in the use of the Services. However, the User may be required to make certain payments as deemed necessary by the Company for additional usage/services.
         2. The Company reserves the right to charge / revise / edit / modify the payments mentioned above that it deems necessary under its sole discretion as per the terms under this Agreement and/or after the beta version of the Services is made available to the general public.
      3. Access:
         1. The User’s access to the Beta version is based upon the sole purpose of testing and providing input and other such feedback / recommendations/ requests / questions from the User and/or those deemed relevant and useful by the Company for the purposes of the Services and its working. Therefore, the Company shall have absolute discretion in regards to the extent of access to workings made available on the Beta Version of the Services;
         2. The User shall not be permitted to transfer / share / lease / rent / sell / give away their account / access details to any third party without being explicitly permitted to do so by the Company;
         3. The Access of the User can be terminated at any moment in time unilaterally by the Company for any reasons it may hold correct and reasonable. The Company may choose to inform the User of such revocation via SMS and / or emails in any manner and form it deems fit.
         4. The Company in no manner guarantees the absolute performance of the beta version of the Services. Moreover, the Company shall not in any manner be liable for any losses / damages sustained by the User during the Beta Evaluation Period.
      4. Intellectual Property:
         1. The User shall accept that the Company has the absolute and sole claim on any and all intellectual property in regards to the Beta Services and/or those arising ancillary. The User furthers agrees not to partake in any action directly / indirectly that can be interpreted / construed / understood / viewed as going against the intellectual property rights, registered and /or otherwise, of the Company in regards to the Services.
      5. User Restrictions:
         1. The User shall in no manner partake in any actions such as to lease / distribute / sell / resell / reverse engineer / steal / compete with the Services and /or infringe upon the Beta Version of the Services. Should the Company be made aware of any such actions taken directly or indirectly by the User, it shall have the absolute and sole right to revoke access to the Beta Services and take any action, including legal against the User if it deems the same to be fit.
      6. Performance Guarantee:
         1. The Company shall in no manner guarantee the User absolute working of the Beta Version of the Services and shall in no manner be held to be responsible should the User suffer any kind of loss due to any issue that may arise in the Beta Services.
      7. Confidentiality:
         1. Any and all aspects of the Beta Version of the Services that the User interacts with shall be held and considered to be confidential in nature and secrecy in regards to the same shall maintained by the User.
         2. The User shall not in any manner share / broadcast / state / sell / lease / mention / send and / or partake in any action that shall result in the release of any and all confidential information. Should the User do so, the Company shall have the absolute right to pursue all avenues under the law to take action against such individuals.

8. Access to the application of the Services :

   1. You accept that your access to the application of the Services is conditional upon the discretion of the Company and the terms of this Agreement. The Company reserves the rights to the extent of access granted to You and chose to limit/ suspend / terminate Your access even if You have accepted to abide by these the terms and conditions as specified under this Agreement. You accept that you are solely responsible for your use /conduct / decisions/ workings / creations / management when using the Services via the application. The Company / Services shall not be held liable for any and all loss suffered by you due to unauthorised access to your account for no fault of the Company / Services.
   2. You accept that the Company may terminate your access and take all preventive actions deemed necessary without prior notice if it is of the opinion that that your account is being used / misused for purposes deemed contrary / illegal / harmful / damaging under the law of the land. Should there arise any consequential damages / losses caused to the Services / Company from such unauthorised use of Your account, You shall be held responsible to the extent of your liability as deemed appropriate by the Company.
   3. In the event that there are any modifications to the terms and conditions as under this Agreement, the Company shall post such details on the application of the Website. You are encouraged to regularly check such updates. Should you continue to use the Services after such updates have been put up, it shall be deemed that you have accepted such changes in the Agreement.
   4. The Services follows all reasonable security practices as per the provisions of the Information Technology Act, 2000 and subsequent amendments, rules, regulations, notifications and / or ordinances. However this is no manner is to be construed / considered / accepted as a guarantee on part of the Services that there will be no loss / corruption / damage of data / information you have provided while interacting with the Services.

9. Obligations on receiving access to the Services :

   1. You accept that once you have registered and logged into the Services, you shall abide and accept the following obligations:
      1. The Free Plan is active only for 30 days.The company has the discretion to deactivate / discontinue your account should you choose not to access your account despite message and communications made in regards to same.
      2. You accept that the on-boarding support in regards to the Services shall be provided to the User for a maximum of 4 (Four) hours per registration.
      3. You accept that you may be allowed to add any other individuals who shall be allowed to access your account to utilise the Services. The Company retains the absolute right to deny / allow such access and further functioning of the Services when any additional User is utilising the Services.
      4. You accept that any additional space over and above the space as provided for under the Subscription Plan may be procured by You for an additional cost as deemed appropriate by the Company.
      5. You shall maintain all equipments such as devices, internet and mobile connections deemed necessary for the working of the Services. The Services shall not be held liable for any losses / damages suffered by you due to your devices / connections not working in the manner as required for by the Services.
      6. The Company shall not pay any considerations / taxes in part/ full required for the purchase and maintenance of such devices / internet connections that are required by you for proper usage of / access to the Services.
      7. You shall ensure that any and all data / information provided for by you in regards to the Services is true and correct to the best of your belief and understanding so as prevent any issues as and when you start to use the Services.
      8. You accept that any data / information submitted / filled / given or entered into the Services by any associates / individuals/ workforce / staff / employees shall be construed to have been submitted by you and that all necessary consents in regards to the submission of the same have been granted by you. You consent to such data / information being utilised by the Services in any manner deemed necessary by the Services / Company.
      9. You shall insure that you do not use the Services for any actions deemed / held / considered / construed / interpreted as being illegal / not allowed / prohibited by the law as laid down in the Republic of India.
      10. You shall take any and all steps and precautions so as to prevent potential / existing cyber incidents which may cause you to be exposed to risks of viruses and other such software / programs which can lead to damage / loss / theft / destruction of data/information and / or your system / devises.
      11. In the event you are in need of assistance arising from any issues in the Services, please contact the Grievance Officer Mrs.Aishwarya Patwardhan. The Company shall not provide any assistance for issues that arise in your own devices / system and / or third party software which have been integrated into the Services.
      12. Should such issues arise due to actions / inactions on your part and/or any third party, the Company is no manner obliged to assist unless such action / inaction can have consequential damages on the Services.
      13. You acknowledge that you are responsible for the confidentiality and protection of your login details such as Login ID, password, OTPs etc. The Company shall not bear any and all losses / damages suffered by you should you choose to share such details with any other individual / parties.

10. Restricted Actions :

    1. The User shall not use, collect, store, display, upload, modify, publish, transmit, update or share any data / information in any capacity the Services in the following manners:
       1. Other Client’s account / devices:
          1. You shall not use the Services to gain access to the account/ devices irrespective of whether such actions cause any damage / loss to them. The Company / Services takes the privacy and protection of the same extremely seriously and therefore any action made to the contrary shall be deemed to be violative of the provisions of the Information Technology Act, 2000 and any and all subsequent amendments and rules/ regulations, notifications, ordinances along with any other applicable Indian laws both Civil and Criminal in nature.
          2. Should such other client consent to you having access to their account and such action causes any consequential damages / loss to the Services and/ or to other associated individuals, then the Company shall take strict action as under this Agreement and the applicable Indian law, be it civil or criminal in nature ;
       2. Illegal Use : You shall not use the Services for any actions which are held to be illegal under the law of the land and that which is applicable to you;
       3. Violative of any law in force: You shall not use your Services in any manner that is violative of the law in force and / or effective on you;
       4. Harmful material:You shall not use the Services for any purposes in regards to data / information held to be grossly harmful , threatening, causes harassment, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, racist, hateful, ethnically objectionable, disparaging, relating to / encouraging money laundering / gambling and / or unlawful in any other nature;
       5. Minors :You shall not use the Services to harm / attempt to harm minors in any manner;
       6. Intellectual Property Rights infringement :You shall not use the Services in any manner so as transmit data / information that may cause an action of infringement to arise in regards to copyright, trademarks, patents, trade secrets and / or any proprietary rights recognised by the law of the land belonging to any third party and /or those belonging / licensed to the Company;
       7. Fraudulent Activities :You shall not use the Services in any manner to start, support, conduct, create, partake, be a member of any activity that is held by the law of the land to be fraudulent and use the same to induce, offer, sell or purchase any items, services, considerations that are part of activities such as (but not limited to) “Pyramid schemes” “Ponzi Schemes” “Chain letters” among others.
       8. Forgery / Impersonation:
          1. You shall not use the Services in any manner so as to induce / cause other individuals to be deceived via such impersonation in a manner that can be interpreted / construed/ held to be against the law of the land.
          2. Furthermore, you shall in no manner edit, replace, forge, change or modify any documents / data/ information for purposes deemed illegal / unlawful under the law of the land.
       9. Spam / Email bombing:You shall not use the Services in any manner to spam, email bombings or any other such disturbing and problematic activities. The Company shall set a limit of 10 emails / communications which can be made in a day over which it shall come under this clause of the Agreement;
       10. Unsolicited Emails / communications: You shall not use the Services in any manner to send any individual unsolicited emails / communications even if such emails are commercial in nature;
       11. Sharing Confidential Information:You shall not use the Services in any manner to share any information that has been recognised either under this Agreement or by the party you are communicating with as confidential information.
       12. Network Disruptions and Viruses: You shall not use the Services in any manner so as to cause disruptions in the networks of other clients of the Services. Furthermore, you must also not partake in any actions which lead to any harmful software, viruses or destructive programmes being attached to the Services;
       13. Third Party Accountability:You shall be held liable for any and all damages / loss / issues caused to the Services / Company / other clients / any interested individual by any third party applications / software / programmes that you have integrated into the Services without informing the Company of the same.
       14. National Security:
           1. You shall not use the Services in any manner which threatens the unity, integrity, defence, security, sovereignty, friendly relations with foreign states, public order in India and/ or leads to the incitement of commission of cognisable offences and/or insults India in any manner.
           2. Should You take part in any and all of the above actions the Company shall take any and all actions it deems appropriate to deal with such issue. Moreover, it shall have the authority to approach any law enforcement authorities and disclose any and all data / information it deems necessary for the purposes of taking legal action against You. It may do so by itself or along with any third party that has been caused any damages, loss and/or injury due to the above specified actions.

11. No professional information/opinion/advice :

    1. You acknowledge and accept that the Services / Company in no manner provide professional opinions / advice / remarks / directions as to how to conduct your business and or in areas in which it is designed to help and assist in such as (but not limited to) bidding, planning, budgeting, project cost tracking and management, BOQ generation, procurement planning, project scheduling and monitoring, billing, sites and office management, reporting and analytics dashboards.
    2. The Company shall make all reasonable efforts so to make sure that the Services function is a smooth manner. The Company may showcase information on the application and relies on third parties for a timely update in regards to such data / information. Therefore, You agree that you shall rely on such content and data / information at your own risk and in no manner hold the Services liable should it be later revealed that such data was incorrect / inaccurate / incomplete / wrong. To avoid any potential issues you shall carry out any and all required due diligence and take the assistance of qualified professionals on matters that require professional advice.

12. Repairs / maintenance of the Services :

    1. The Company may from time to time partake in actions / repairs/ maintenance / updates towards the care and management of the Services. You shall be duly notified via your preferred method of notifications in the event the Company does decide to go ahead with the same.
    2. The Company reserves the right to limit / suspend access to the Services for the duration of such repairs / maintenance. The Company shall make all possible endeavours so as to complete such repairs / maintenance within the time limit specified in the notification. In the event there arises certain special circumstances which cause there to be an extension to such time periods, the Company shall duly notify the User.
    3. You are advised to limit / refrain from using the Services while it is undergoing such repairs and maintenance. The Company shall in no manner be held liable for any and all losses and/or damages suffered by You due to your usage of the Services at the time of repair / maintenance.
    4. Should your usage of the Services during such repairs/ maintenance cause some additional issues to the Services, then you shall be held liable for the damages caused by your actions to the Services.

13. Fees and Charges :

    1. That the User on accepting the terms of this Agreement and proceeding to register themselves via the application for the purposes of using the Services shall be made aware of any and all charges / fess / considerations (Hereinafter “Subscription Fee”) that are to be paid in order to gain access to and utilize the Services.
    2. The User accepts and acknowledges that when such request for payment of Subscription Fee is made / communicated to them from the Company, they shall pay the same within the time limit and in the manner / form / method as prescribed.
    3. The Subscription Fee shall be paid in advance by the User. The User can choose to make these payments either for a period for 3 (Three) months (Hereinafter “Quarterly Payment”) or for 12 (twelve) months (Hereinafter “Annual Payment”). Once the User has finalised their preferred plan and made the payment in regards to the same, they cannot opt out of the same before the completion of the first 3 (Three) months from the date of subscription (Hereinafter “First Quarter”). In case of cancellation of subscription by the User, payment made by the User for the First Quarter will not be refunded. Any advanced payments made by the User for the period exceeding the First Quarter till the date of cancellation of subscription, shall be refunded.
    4. The details pertaining to the rate, special offers, method of payment, time limit and such details can be revised at the discretion of the Company as it deems fit and/or appropriate. Should there be any changes in such areas the Company shall make the User aware immediately via notifications / communications that are preferred by the User. The User is actively encouraged to go through the latest version of the Agreement to be aware of any such revisions that might take place.
    5. The User shall be notified of the time period for which they shall be granted access to the Services in part or full on payment of the Subscription Fees (Hereinafter SUBSCRIPTION TERM). The Company shall have the sole and exclusive right to amend, modify such Subscription Term and the terms and conditions attached with such access.
    6. The following clauses are only applicable to the User to whom the Company has notified / communicated / made aware of payment of any and all Subscription Fees that are to be paid. In the event the Company is to allow the User access to the Services in part or full without requiring any payment from them, the following clauses do not apply.
       1. Payment of Subscription Fees:
          1. The User shall pay the Subscription Fee as soon as possible and as per the directions of the Company. The Company reserves the right to deny / limit the access of the User to the Services until it is fully satisfied that the Subscription Fees have been paid. Should the User face any difficulty in accessing the Services even after duly completing the payment of the Subscription Fees and receiving due acknowledgement of the same from the Company, they shall immediately inform the Grievance Officer as specified under this Agreement.
          2. The User shall in no manner utilise methods of payment apart from those as specified by the Company. Should the User attempt to make any payments from such means or by means held to be illegal under any law, rules, notifications and/or ordinances of India, such payments shall not be accepted and furthermore the Company may take any action it deems fit against the User.
          3. The Company may retain any and all information deemed necessary as part of the transaction / payment / collection of the Subscription Fees and any other charges that the User shall pay the Company. The Company shall take all reasonable care and precaution to make sure that such data /information is protected and secure.
       2. Renewal:
          1. The Company may initiate reminders / notifications / messages / communications with the User 30 (thirty) days before the completion date of the term of their subscription. Should the User wish to renew and continue they may do so by paying the requisite Subscription Fee and any additional formalities as deemed necessary by the Company. The Company shall have the discretion to allow / deny the User’s renewal of the subscription. The User shall receive a notification from the Company once all the formalities in regards to such renewal are completed.
          2. The User shall be allowed to renew their subscription within 90 (Ninety) days from the date of completion of their prior subscription. Should the User fail to renew within the specified time limit, the User will be automatically transferred to Free Plan.
       3. Application of Taxes:
          1. The Subscription Fees shall include any and all taxes, levies, duties and/or similar governmental assessments of any nature as applicable under Indian Law, including but not limited to GST. The User shall be required to pay such charges associated with their Subscription Fee and shall not under any circumstances require the Company to bear such expenses unless the same is mandated under law.
          2. The User shall be notified on any such revision of the rates of taxation as and when such changes are introduced by the Government of India and its impact on the Subscription Fees of the Services.
       4. Invoices:
          1. The Company shall maintain any and all records, transactions details and/or invoices that are generated as when the User makes payments to the Company. The User shall be sent due notifications / communications to the User as when they shall make such payments.
       5. Overdue / Arrears:
          1. The Company shall maintain a thorough and comprehensive log / record of any and all payments / overdue charges / consideration / arrears / fees / fines that are due on part of the User to the Company as mentioned under the terms of this Agreement and /or those that the User is made aware of via notifications / communications from the Company. The User shall clear any and all such payments within the stipulated time and inform the Company of the same.
          2. The User shall be liable to pay such payments / overdue charges / consideration / arrears / fees / fines even after the expiry / termination of the Agreement. The Company shall have the authority to pursue any and all legal means and methods to collect such charges from the User.
       6. Change / modify Subscription Fees:
          1. The Company reserves the right to change / modify / increase / add / reduce and/ or make any such alterations to the Subscription Fees as deemed necessary and appropriate.
          2. In the event such changes occur during the course of the Subscription Term, the Company shall notify the User of the same. The Company shall exercise its discretion in deciding when the User shall make the relevant payment and further stipulations / conditions/obligations attached to the same. Should the User wish to raise any dispute in regards to the same, the User and the Company shall follow the Dispute resolution process / procedure as specified under this Agreement.

14. Restricted Locations:

    1. The Services are not to be accessed, viewed, downloaded, received in any country, location, area and/or place considered and held to be outside India. When you agree to the terms and conditions under this Agreement, you are accepting that you are indeed living / situated / a resident within India.
    2. Should you attempt the above specified action, it would be deemed to be a violation of the laws, rules, notifications, regulations, ordinances and /or edicts associated with such violations and the Company shall take any and all actions as specified under this Agreement and such laws, rules, notifications, regulations, ordinances and /or edicts it deems appropriate and necessary.

15. Intellectual Property rights :

    1. The User shall acknowledge and accept that the Company is the owner / licensee of any and all intellectual property arising from and in relation to the Services and the website/application and its contents.
    2. The User can in no circumstances claim to be the licensee for the intellectual property owned in full or part, as the case may be, by the Company. However, for Beta Users and Free Plan Users, the Company shall have the discretion to utilise / access / display / broadcast any and all submissions / creations made by the User while utilising the Services of the Company.
    3. You shall in no manner copy, infringe, reproduce, publish, share, post, upload, modify, pass-off in any form or by means deceptively similar or whole / part of the Company’s intellectual property without their express permission. Such actions will result in the Company taking legal action against you so as to protect its intellectual property.
    4. If you are made aware of any actions of infringement / passing off / copies of the intellectual property arising from and in relation to the Services, the application and contents therein, please inform the Company at the earliest by contacting the Grievance Officer Mrs.Aishwarya Patwardhan.

16. Third party websites/content:

    1. The User is notified that the Company may publish links in the Services to other websites / services / applications created / maintained / run by third parties. The Company explicitly states that it in no manner reviews / checks / modifies / corrects / investigates the content of the websites / services / applications created / maintained / run by third parties. The Company in no manner represents that it is responsible for such content of the third parties and shall not be party to any disputes in regards to the same.
    2. The User shall rely on such contents at their own risk and peril should they chose to do so. The User is encouraged to go through such content themselves and conduct their own due diligence before relying on such content.

17. Notifications :

    1. Once the User agrees to the terms and conditions as under this Agreement, they shall be required to share contact details such as email ID’s, phone number, mobile number, among others on which messages, communications, updates (NOTIFICATIONS) shall be sent regularly so as to keep You abreast with any and all information the Company deems necessary in regards to the Services.
    2. You agree that in order to receive such notifications you have filled in the correct contact details and in no manner are filling wrong, incorrect, erroneous details which might result in any other individual receiving such notifications. Should such individual take any action against the Company, You shall be held liable for the same.
    3. Furthermore you acknowledge and agree that the notifications you receive from the Company shall in no manner be construed as “unsolicited commercial communication” as per the guidelines of the Telecom Regulation Authority of India (TRAI). You shall indemnify the Company for any losses incurred due to actions taken by TRAI or any recognised regulatory authority on the basis of complaints filed by Your services.
    4. Should you wish to opt out / modify / change and/or edit such notifications and/or the contact details that they are shared upon with you by the Company, please contact the Grievance Officer Mrs.Aishwarya Patwardhan.

18. Reporting of violations :

    1. The Company takes all reasonable care and precautions so as to make sure that the Services in no manner violate the terms and conditions under this Agreement and the laws of the land, including but not limited to the Information Technologies Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. However there may arise certain circumstance wherein such violations do take place in regards to the Services.
    2. The Company upon obtaining information of such violations by itself or via communications from the User / an interested third party bearing their electronic signature shall try and remove / redact / delete and/ or do any such action that is deemed appropriate and necessary under the discretion of the Company and the law of the land.
    3. Should the Government / law enforcement / regulatory authorities require data / information / records of such violations, the Company shall provide the same to them at the earliest and not require to inform the User of the same. The Company may share any such communications it has had with the User / interested third party in regards to such violations with the Government / law enforcement / regulatory authorities. In the event that the User comes across any such circumstance / instances / information regarding such violations are to take place / are taking place / attempted to take place , they shall inform the Company via the Grievance Officer at the earliest with any and all details in regards to the same, including but not limited to :

       i. The date and time of the alleged violation;

       ii. The IP address used to commit the alleged violation;

       iii. Any evidence of the alleged violation;

       iv. Any other information / data that the User has in regards to the alleged violation which may help in the verification, identification, investigation , prosecution, punishment of such violations as under the law of the land and / or the prevention of such violations from taking place in the future.

    4. In the event that the User, after accepting the terms and conditions under this Agreement, does any actions that are violative of the Agreement and / or the law of the land, and in doing so obtains any data / information / materials illegally, they shall immediately notify the Company.

19. Grievance Officer :

    1. In accordance with the Information Technology Act, 2000 and the rules, regulations, notifications, ordinances, the Company shall appoint an individual who shall hold the position of a Grievance Officer. The Grievance Officer shall be responsible for receiving, addressing and acting upon any and all issues that You might have in regards to the terms and conditions as under this Agreement. Following are the contact details of the Grievance Officer under this Agreement:
       • Mrs.Aishwarya Patwardhan,
       • 9637549533,
       • aishwaryap@softtech-engr.com,
       • SoftTechEngineers Ltd, Pune

20. Limit of liability :

    1. To the fullest extent as permitted under the law of the land, the User agrees that in no event shall the Company, its employees, associates, owners, affiliates, agents, representatives, sub-contractors and/or any successors other be liable for any and all damages / losses / injuries including but not limited to those that are special / incidental / consequential in nature that arise from and in relation to the Services and/or access to the same.
    2. Furthermore the Company, its employees, associates, owners, affiliates, agents, representatives, sub-contractors and/or successors shall not be liable for any and all damages / losses / injuries including but not limited to those that are special / incidental / consequential in nature that could be reasonably foreseen by the User when using the Services .
    3. The Company, to the extent allowed under the law of the land, in NO manner warrants the following:
       1. That the Services are free of any and all operational errors / harmful components / viruses / harmful software and other such malignant parts which may cause the User any and all damages / losses / injuries including but not limited to those that are special / incidental / consequential in nature;
       2. That the Company can be held liable for any loss / theft / corruption / redaction / destruction / erasure / removal of any and all data / information that the User maintains on the Services, especially when such issues are caused by events that are beyond the reasonable care and control of the Company such as natural / man made calamities / disasters which may cause electronic / mechanical failures, equipment failures, fires, pandemics, riots, armed conflicts, lockdowns, acts of war, acts of god , other such force majeure events, governmental policies and / or cyber incidents involving hackers.
       3. That the Company shall bear limited liabilities and costs amounting to the maximum amount paid by the User in its current subscription month that the User suffers due to inability to access the Services due to any reason, especially if such reasons arise from the User’s own inability / fault / non – competence to reasonably resolve such a situation;
       4. That The Company shall bear limited liabilities and costs that the User suffers in regards to issues pertaining to their privacy setting in the Services;
       5. That the Company shall bear any and all liabilities and costs that the User suffers due to updates / repair/ maintenance / modifications of the Services , especially even after the User has been duly notified / communicated with in regards to such event;
       6. Notwithstanding anything as stated under this Agreement, the liabilities of the Company shall not exceed the Subscription Fee paid by the User to gain access to the Services;

21. Termination:

    1. This Agreement and any and all rights and claims as specified under the same shall stand in full effect until either party decide to terminate / cancel the Agreement.
       1. Termination by the User
          1. The User may cancel / end / discontinue their subscription to the Services at any time after the completion of the First Quarter. They may do so by engaging in the procedure as specified by the Company on its Services. Should the User chose to terminate their subscription prior to its completion, they shall immediately lose any and rights granted under this Agreement including but not limited to access to the Services, use of the contents of the Services and access to the data / information that was created using the Services.
          2. In the event that the User cancels / ends / discontinues the subscription before the completion of the term of the subscription, they shall be refunded the additional balance due within a reasonable time. They shall not claim any refund for the part of the fees in regards to the First Quarter.
          3. In the event that the User does not renew their subscription after the completion of the Subscription Term and does not the pay the Subscription Fee, the Company shall send them notifications / communications in regards to the User for period of 90 (Ninety) days from the date of completion of the Subscription Term. Should the User continue to not complete the payment despite such notifications / communications and not communicate any intention of doing so, it shall be considered / construed / interpreted by the Company that the User wishes to cancel / discontinue / end the Agreement and therefore shall be duly authorised to take actions accordingly.
       2. Termination by the Company
          1. The Company shall have the right to unilaterally terminate the Agreement if any of the events recognised within the Agreement and/ or at the discretion of the Company are considered as requiring termination so as to safe-guard the website/ application, the Services and/or the Company’s interests. Furthermore the Company may terminate the access of the User under this Agreement due to the following reasons:
             1. The User has breached the terms and conditions under this Agreement and failed to rectify the same within 7 (Seven) days after receiving due notifications / communications from the Company;
             2. The User has become insolvent / subject to insolvency proceedings and such proceedings have not been dismissed within 30 (Thirty) days;
             3. The User has used the Services for purposes that are ultra vires of the terms and conditions of the Agreement and are causing harm / injury / damage / loss to the Company / other clients of the Services ;
             4. The User is under investigation by the Company for being part of actions that were against the well – functioning and working of the Services;
          2. On such termination any and all rights granted to the User by the Company in regards to the Services under this Agreement and/or any such communications / notifications shall revert back into the complete and exclusive control of the Company. The terms and conditions shall be considered to have come to end barring those as specified under this clause of the Agreement. Such termination shall in no manner end / erase / take away:
             1. The rights and duties held to be exercisable by the Company in its favour or against the User under this Agreement;
             2. The liabilities and claims that shall stand against the User in favour of the Company even after the termination of the Agreement;
             3. Any and all obligations, charges, fees, payment, liabilities, consideration accrued under the terms of the Agreement during it being in effect;
          3. In the event of termination the Company shall continue to have rights against you in regards to confidential information, intellectual property, liabilities and/or claims under the dispute resolution clause of the Agreement even after it stands terminated.
          4. The Company reserves the right to delete any and all data and information after Termination. The User shall not be allowed to request / require / demand the recovery of the data / information. Furthermore, the Company shall bear no liability for any of the deleted data / information.
          5. The Company may send notifications only in regards to updates, offers and any and all information deemed necessary after you terminate under this Agreement. Should you wish to opt out of the same please send a mail to the Grievance Officer Mrs.Aishwarya Patwardhan.

22. Indemnity and Warranty:

    1. Should the User accept and agree to the terms of this Agreement, then they shall agree to indemnify, defend and hold harmless the Company, its employees, associates, owners, affiliates, agents, representatives, sub-contractors and/or successors from any and all claims / damages / losses / costs (including attorney fees and settlement costs) incurred by or arising as a result of or related in some manner to:
       1. Your access / use of the Services in breach of the terms of the Agreement and subsequently such action results in third party filing legal charges against the Company and/or the Services ;
       2. Any non-compliance to the terms and conditions as specified under this agreement when this Agreement was in effect and subsequently such action results in third party filing legal charges against the Company and/or the Services;
       3. Any third party that is associated with You and their actions which are against the terms and conditions as specified under this Agreement and subsequently such action results in third party filing legal charges against the Company and/or the Services;
    2. The User shall also accept, acknowledge and agree that the Company provides the Services “As Is” and does in no manner provide any warranty, express or implied, without limitation, any warranty for information, access, data / information that is shared, displayed and communicated, including but not limited to
       1. Warranty of availability, accuracy, usefulness, importance, contents of data / information, products or services;
       2. Warranties of title, non-infringement, merchantability, fitness for a particular purpose, any damages / injury caused to the User by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, harmful components, communication line failure, theft or destruction, unauthorised access to, alteration of, use of records, whether for breach of any contract, tort, negligence or any other cause of action.

23. Attorney Fees :

    1. In the event the Company chooses to enforce any and all rights / claims under the terms and conditions of this Agreement against the User, the Company shall be entitled to recover from the User (including but not limited to):
       1. Collection of any amounts that can be claimed by the Company against the User under the Agreement;
       2. Amounts claimable under other reliefs granted under this Agreement and / or the law of the land;
       3. Reasonable Attorney’s fees;
       4. Costs arising from and in relation to the litigation;

24. Waiver :

    1. Under this Agreement, no delay / failure / inaction by the User and / or the Company shall be interpreted / construed / considered as a waiver of the rights, powers, duties , liabilities and / or remedies in part or full under this Agreement unless such waiver has been explicitly stated by them via notice sent to each other.

25. Assignment :

    1. The User accepts, agrees and acknowledges that they shall not be allowed under this Agreement to transfer / assign any rights / duties / liabilities / terms and / or conditions which they are bound by once they agree to this Agreement.
    2. Should they wish to transfer / assign such rights / duties / liabilities / terms and / or conditions to any third party, they shall need to inform the Company of the same and can do so only if the Company agrees and accepts to the same.
    3. The Company may transfer / assign any such rights / duties / liabilities / terms and / or conditions under this Agreement after duly notifying the User of the same. However, it does not require the consent of the User for such transfer / assignment of the rights / duties / liabilities / terms and / or conditions.

26. Confidentiality :

    1. Once you agree to the terms and conditions as under this Agreement, it shall be considered that you accept, recognise and agree that any and all information / data that is shared / obtained / received / gained by You pursuant to this Agreement, working of the Services and/or identified as such shall be confidential information and the proprietary information of the Company.
    2. User shall not in any manner share, release, publish, upload, post such information without the due acknowledgement and consent of the Company. You shall maintain such secrecy and confidentiality even after the Agreement comes to an end / terminated between You and the Company.
    3. In the event You are to disclose any and all such confidential information, even after the expiry / termination of the Agreement, in any manner explicit or implied without the permission of the Company, You agree to indemnify any and all losses suffered by the Company due to such action.

27. Amending Powers :

    1. The User accepts and agrees that the Company shall have the sole and exclusive right to amend, change, redraft, add, remove, edit or modify in any manner the provisions, terms, conditions, liabilities and / or clauses under this Agreement as and when deemed necessary by the Company.
    2. The Company shall make sure to display the latest version of the Agreement on the application of the Services. The User is actively encouraged to regularly visit and go through the terms and conditions so as to be up to date with the changes that have been brought in the same.

28. Force Majeure :

    1. The User and the Company accept that the terms, conditions and respective obligations under this agreement may not be fulfilled despite their best efforts should there take place any event / calamity / disaster which may cause electronic / mechanical failures, equipment failures, fires, pandemics, epidemic, riots, armed conflicts, lockdowns, acts of war, acts of god and other such force majeure events.
    2. The Parties must inform each other at the earliest if there arises such issues and accordingly decide upon the future course of the Agreement.

29. Dispute Resolution :

    1. The User and the Company shall agree to resolving any and all disputes arising from and in relation to the terms and conditions of the Agreement via Arbitration and / or any other mode of alternate Dispute resolution.
       1. Arbitration:
          1. The User and the Company shall decide upon the individuals to be appointed as arbitrators. At that time they shall not appoint an even number and not more than 3 (three) number of arbitrators. In the event that the User and the Company are unable to appoint an odd number of arbitrators, the arbitrators so appointed shall confer and select an individual /s they deem qualified and able to conduct the proceedings in a fair manner.
          2. The seat of arbitration shall be in Pune as agreed by the User and the Company. Moreover they shall decide upon the Venue and inform the arbitrators of the same.
          3. The arbitral proceedings shall commence within 7 (seven) working days of appointing the arbitrator(s) and shall strive to resolve the said Dispute in a fair and just manner acceptable to the User and the Company. The arbitration proceedings shall be strived to be completed within 30 (thirty) working days from the start of the same. In the event the arbitrators determine that there exist special circumstances, they may extend the time period by 30 (thirty) working days.
          4. The governing law in regards to the arbitral proceedings shall be the Arbitration and Conciliation At, 1996 including any and all subsequent amendments, rules, and ordinances.
          5. The arbitrators may introduce procedures they deem fit for conducting the arbitral proceedings as long as such procedures are acceptable to the parties and do not violate any law, order, ordinance, rules and regulations followed and upheld in India.
          6. That the language of the arbitral proceedings shall be decided upon by the User, the Company and the arbitrators as per convenience.

30. Governing law :

    1. In the event that the dispute arising between the User and the Company cannot be resolved via any alternate dispute resolution methods, then the parties shall engage in litigation and shall be governed by the laws of India. The Courts of Pune shall have the jurisdiction to listen and adjudicate on matters under this Agreement unless otherwise is specified under the law of the land.

31. Severability :

    1. In the event that any provision, term, condition, liability and / or clause under this Agreement shall be held to be invalid / unenforceable under the law in effect at that time, then the validity of only that provision, term, condition, liability and / or clause shall not be considered. The rest of the Agreement which is not overtly affected by such invalidation shall continue to be in effect and enforceable.
    2. If both the User and the Company consent, the invalidated provision, term, condition, liability and / or clause can be modified, changed, redrafted as required under the current law so as to prevent overall invalidation of the entire Agreement.

32. Notices :

    1. Notices that need to be sent under this agreement shall be sent across by the User / the Company via registered post / mail to the addresses as specified under this Agreement.
    2. The User shall specify the address for such notices via mail / other modes of communication to the Company.
    3. The Company shall receive, acknowledge and collect notices and any other such legal correspondences on the following address:
       • SoftTech Towers, Baner Rd, Opp. Royal Enfield Showroom, Baner, Pune, Maharashtra 411045

33. Survival :

    1. The User agrees and accepts that any and all provisions of the Agreement that are mentioned, explicitly or implied, to be in effect even after the expiry / termination of this Agreement shall duly survive and be considered as active even after the expiry / termination of the of the Agreement.