1. General Terms
Thank you for selecting the services offered by ACCRETE INFOSOLUTION TECHNOLOGIES LLP and/or its subsidiaries and affiliates (referred to as "AITL", "We", "Our", “Suppliers”, “Company”, or "Us"). Review these terms of service ("Agreement") thoroughly. This agreement is a legal agreement between you and AITL. On accepting it electronically (for example, clicking "I agree"), installing, accessing or using the services or products, you agree to these terms. If you do not agree to this agreement, then you may not use the services.
“You”, “Customer”, "User" or "Users" shall mean anyone making use of the Services provided by the Company and/or anyone accessing the services / products / solutions of the Company for whatever purpose;
2. Trade Name
AITL, AITL Logo, the names of the individual services and their logos are trademarks of AITL. You are not entitled to display or use, the AITL trademarks without AITL's prior written permission. Doing so would constitute infringement.
3. Usage
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), which is uploaded, posted or stored through your use of the services. You grant AITL a worldwide, royalty-free, non-exclusive license to host and use the content in order to provide you with the services. You agree not to use the services for any illegal purpose or in violation of any applicable law or regulation. You are encouraged to archive your content regularly and frequently. While using the services, you are responsible for any content that may be lost or unrecoverable. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the services to share, store, or in any way distribute financial data that is not in accordance with the law.
Users who are suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions.
You agree not to store, upload, transmit virus, Trojan horse, worm or other disruptive or harmful software or data and any information, software or content which is not legally yours and may be protected by copyright or other proprietary rights, or derivative works, without permission from the copyright owner or intellectual property rights owner.
4. Parts of this Agreement
This agreement consists of the following terms and conditions (hereinafter the "general terms") and terms and conditions, if any, specific to use of individual services (hereinafter the "service specific terms"). The general terms and service specific terms are collectively referred to as the "terms". In case of a conflict between the general terms and service specific terms, the service specific terms shall prevail.
5. Services
- Scope. This agreement governs Customer’s procurement and Supplier’s provisioning of Products, Services and Third Party Products (if applicable) (collectively “Offerings”), for Customer’s own internal use.
- Products and Services. “Products” are either: (i) Supplier-branded IT hardware products (“Equipment”) or (ii) Supplier-branded generally available software, whether microcode, firmware, operating systems or applications (“Software”). “Services” are: (a) Supplier’s standard service offerings for maintenance and support of Products (“Support Services”) and (b) consulting, deployment, implementation and any other services that are not Support Services (“Professional Services”). “Third Party Products” means hardware, software, products, or services that are not “AITL” branded. Products exclude Services and Third Party Products.
- Manner of use. You may not:
- reverse engineer, decompile, disassemble or work around technical limitations in the Services, except to the extent that applicable law permits it despite these limitations;
- disable, tamper with or otherwise attempt to circumvent any mechanism that limits your use of the Services;
- rent, lease, lend, resell, transfer, or sublicense any Services or portion thereof to or for third parties, except as explicitly permitted herein or in license terms that accompany any Services component;
- use the Services for any purpose that is unlawful or prohibited by this Agreement; or
- use the Services in any manner that could damage, disable, overburden, or impair any AITL service, or the network(s) connected to any AITL service, or interfere with any other party’s use and enjoyment of any Services.
- Updates. We may make changes to the Services from time to time, including: the availability of features; how long, how much or how often any given feature may be used; and feature dependencies upon other services or software.
6. Disclaimer Of Warranties
All the users using AITL must agree that the use of the product is at their sole risk. AITL explicitly disclaims that all warranties of any kind whether expressed or understood, but not limited to, the implied warranties of merchantability and fitness for particular purpose. Services and all accompanying documentation are provided on an "as is" And "as available" Basis, without any warranties, either express, implied, or statutory, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
AITL gives no assurance or warranty that the services will be uninterrupted, timely, secure, or error-free. For instance, for any material downloaded or obtained through the use of the product/ services will be your own judgment and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. AITL will give no advice or information, whether written or oral, obtained by you, AITL employees or representatives shall create any warranty not explicitly stated in the terms.
AITL, its affiliates, and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations. You are solely responsible for ensuring that your use of the services is in accordance with applicable law. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of India and for the avoidance of doubt AITL does not exclude or limit liability for:
- Death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents
- Fraud or fraudulent misrepresentation
- Any other liability which cannot be lawfully excluded by contractual agreement of the parties.
EXCEPT AS WARRANTED IN A SEPARATE AGREEMENT, AITL AND ITS RESPECTIVE SUPPLIERS PROVIDE THE SERVICES (INCLUDING THE CONTENT AND APIS) “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. WE PROVIDE NO WARRANTIES, GUARANTEES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING APPLICATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Third party content and materials. AITL DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, INFORMATION, MESSAGES, MATERIALS, PROJECTS ACCESSIBLE FROM OR LINKED THROUGH THE SERVICES, AND, EXCEPT AS WARRANTED IN A SEPARATE AGREEMENT, AITL MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT AND SHALL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING. ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
7. Limitation Of Liabilities
Limitation. The aggregate liability of each party under this Agreement is limited to direct damages up to One Indian Rupees (1 INR).
EXCLUSION. NEITHER PARTY, NOR ITS SUPPLIERS WILL BE LIABLE FOR LOSS OF REVENUE, LOST PROFITS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF THE PARTY KNEW THEY WERE POSSIBLE.
Exceptions to Limitations. The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (1) breach of any confidentiality obligation; or (2) violation of the other's intellectual property rights.
In no event shall a disclaiming entity be liable for any lost profits, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to this agreement or the services, including without limitation the use of, inability to use, or unavailability of the AITL products and services.
In any circumstances will any of the disclaiming entities be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your AITL account or the information contained therein, or your failure to use or implement security controls that are appropriate for your business.
- The right entities assume no liability or responsibility for any
- Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the AITL services.
- Any unauthorized access to or use of servers used in connection with the AITL services and/or any and all personal information stored therein
- Any errors, inaccuracies or omissions in any content or information, for any loss or damage incurred as a result of the use of any content or information, in each case posted, emailed, stored, transmitted, or otherwise made available through the AITL services; and/or
- User content or the defamatory, offensive, or illegal conduct of any third party.
Without constraining anything to the contrary, the disclaiming entities' cumulative liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the fees paid by you to AITL for procuring a license. This limitation of liability section applies irrespective of the legal theory on which the claim is based, including without limitation contract, tort (including negligence), strict liability, or any other basis.
The foregoing will apply to the fullest extent permitted by law in the applicable jurisdiction.
AITL Services and products are controlled and operated from facilities in India. Except where expressly stated otherwise, AITL makes no representations that the Payment Gateway Services are appropriate or available for use in other locations. Those who access or use the AITL products and services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the AITL products and services from, or on behalf of persons or entities in a country embargoed by India.
Blocked or denied by the India government. Unless otherwise explicitly stated, all materials contained in the AITL Product and Services are solely directed to individuals, companies, or other entities located in India.
8. Right To Amend
The company has the right to make amendments or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the AITL products and services with or without notice that we in our sole discretion deem to be reasonable in the circumstances. Any use of the Payment Gateway Services or software after our notification through email address of any such changes will constitute your acceptance of this Agreement as modified.
Any rights or licenses granted hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without consent or other restriction upon notice to you or where substantially all of AITL assets are sold. Any attempt by you to assign this Agreement, or any rights or licenses granted herein, without AITL's express written consent will be null and void.
9. Parties
This agreement binds you and your respective representatives and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.
10. Indemnification Trademark
You agree for any damages and will hold AITL harmless, its officers, employees, suppliers and affiliates from any kind of losses, damages, fines and expenses arising out of or related to any services you have used in violation of another party's right, in violation of any law, in violation of any provisions of the terms.
11. Suspension and termination
The company has the rights to suspend any user account or temporarily disable access to whole or part of any service in case of any suspected illegal activity, breach of usage terms, extended periods of inactivity or requests by law enforcement or other government agencies.
We may suspend or terminate your use of the Services if: (1) reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a claim of alleged infringement within a reasonable time; (3) you violate this Agreement; or (4) we suspect fraud (5) non-payment to AITL or associates. We will attempt to suspend access to the minimum necessary part of the Services while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend or terminate immediately. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate this Agreement and delete your Customer Data without any retention period. We may also terminate your services/account/product if you do not come online twice a year to our mainframe services via internet.
12. Disputes: Choice of law, jurisdiction, and venue
You agree that any disputes arising out of or relating to this agreement or the AITL products and services will be resolved through arbitration and conciliation laws or litigation law, rules and regulation (as up to date and amended) governed by the Indian laws and constitution as applicable. The place of jurisdiction will be Gandhinagar, Gujarat.
This agreement is governed by the Indian laws without regard to its choice of law provisions.
Headings are included in this agreement for convenience only and will not be considered in interpreting this agreement. It will not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this agreement will not constitute a waiver of such right or provision. No waiver of any term of this agreement will be deemed a further or continuing waiver of such term or any other term.
13. Force Majeure
No party will be liable for any kind of delays in processing or other nonperformance caused by circumstances such as fires, telecommunications failures, utility failures, power failures, equipment failures, labor conflicts, violence, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations.
14. Survival
In addition to any planning that is reasonably necessary to complete or enforce the purpose of this agreement, legal to specific clauses that will survive termination of this agreement will last and remain in effect in accordance with their terms upon the termination of this agreement.
15. Termination and Other Legal Term
AITL reserves the right to terminate users account or product in event of the breach of terms and usage guidelines. We might also terminate your account if found in breach of any of clauses. You might also terminate the agreement in writing by intimation prior 7 days of termination.
16. Taxes
It is your obligation to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of AITL ("Taxes"). It is your sole duty to assess, collect, report, or remit the correct tax to the proper tax authority.
We are not supposed to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You admit that we can make certain reports to tax authorities in regards to transactions that we process and users to which we provide AITL Product and services.
17. Your Data Security Obligations
You are fully responsible for the security of data on your site, through your app/product, or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security, and dissemination of any personal, financial, card, or transaction information (defined as "user data") on your site/computer/device or through your app. While payment gateway helps to make compliance easier, you are solely responsible for compliance with any laws, regulations, or rules applicable to your business.
18. Your Privacy
Privacy and the protection of personal information are very important to us. You acknowledge that you have received, read in full, and agree with the terms of our privacy policy, linked to and incorporated into this agreement by reference, which contains your permission to our collection, use, retention, and disclosure of personal information as well as other matters. The privacy policy also explains how and for what purposes we collect, use, retain, disclose, and safeguard the personal information provided to us. You admit that we are required to provide your business name and limited information to financial services providers.
19. Authentication
AITL is liable to contact you via. Email, Call or SMS for proper authentication before using the software. Any software downloaded from any source, without proper authorization, AITL holds the rights to nullify the software license.
AITL may also ask for invoice / agreement or any other relevant document while giving support for a service taken. If required document or information is not provided we will terminate support immediately without informing you.
20. Marketing/ Newsletters
By signing in/ registering at www.accreteinfo.com or associated product websites developed by AITL, you agree to receive newsletters, marketing communication and promotional messages from ACCRETE INFOSOLUTION TECHNOLOGIES LLP.
21. No Refund
In any circumstances, you are agreeing to non-refund clause. In special cases refund is always subjected to management’s discretion.
