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Terms
These terms of use ("Terms") set out the terms and conditions
for your use of the Saral Retail offered by Saral Retail
Solutions or its
related companies ("we" or "Saral Retail"). The person or organisation
entering into these Terms as a user of the Saral Retail,
together with all individual users accessing the Saral Services
on that person's behalf (together, "you" or "Users") accept and
agree to be bound by these Terms. Saral Retail grants you a limited,
non-exclusive, non-transferable, revocable licence to use the
Saral Services (subject to your account type) in accordance with
these Terms.
In these Terms, "Saral Retail" means Saral Retail's
point of sale and inventory management products and services,
and any features, technologies or functionality provided by
those products or services, offered by us from time to time,
including the Saral Retail windows application and
saralretail.com ("Website").
If you do not agree to any of these Terms, then you should
not use the Saral Retail. All rights not expressly granted to
Users in these Terms are reserved by Saral Retail.
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Amendments
We may change these Terms from time to time, and will
endeavour to notify you of such changes via email or by
displaying a message when you next use the Saral Retail. If you
continue to use the Saral Retail, your use will be governed by
the updated Terms.
From time to time, we may add, make changes to or remove
altogether features or functionality of the Saral Retail. If
you're using an App, you may need to install a new or updated
version before you can receive the benefit of those changes. We
may also decide to cease providing all or some of the Saral
Retail at any time, and nothing in these Terms is to be taken
as a guarantee that the Apps or any Saral Retail will always be
available, either in its current form or at all, or that we will
support, maintain or continue to offer the Saral Retail, or the
Apps or any version of them.
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Account information
You must be 18 years or older in order to access and use the
Saral Retail. You agree to provide true, accurate, current and
complete account information, and to maintain and promptly
update your account information in order to ensure that it
remains true, accurate, current and complete.
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Cancellation of accounts
We can cancel or suspend your account at any time if, in our
sole discretion, you have committed a material or persistent
breach of these Terms or any other terms applying to your use of
the Saral Retail.
You are entitled to cancel your account with Saral Retail at any
time. You may cancel your account by following the prompts when
you are logged into your account through the Apps or the
Website. If you cancel your account before the end of your
current paid up month or year, your cancellation will take
effect immediately and you will not be entitled to any refund of
Fees paid in advance (unless we agree otherwise).
If your account is cancelled: (a) your account will be
deactivated or deleted; (b) all of your rights granted under
these Terms will immediately come to an end; and (c) all of your
data and content may be deleted from our systems immediately.
Your content cannot be recovered once your account is cancelled.
We are not liable for any loss or damage following, or as a
result of, cancellation of your account, and it is your
responsibility to ensure that any content or data which you
require is backed-up before cancellation.
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Fees and taxes
The fees charged for use of the Saral Retail are set out on
the Website ("Fees") and are subject to change. We will endeavour to notify you (by email or by displaying a message
when you next use the Saral Retail) at least 30 days before
increasing the Fees. Fees are charged in advance on a monthly or
annual basis and are non-refundable, including if you only use
part of a month or year's subscription for the Saral Retail.
Unless required by law, we will not provide refunds in
connection with the Saral Retail.
All Fees are exclusive of tax, and you indemnify and hold
Saral Retail harmless against any
claims by any other tax authority for any underpayment of any sales,
use, goods and services, value added or other tax or levy, and
any penalties and/or interest.
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You may upgrade or downgrade your account at any time
You may upgrade or downgrade your account (for example, from
Standard to Premium, or from Premium to Elite) at any time by
following the prompts when you are logged into your account.
The upgrade or downgrade may take one working day.
If you downgrade your account, no refunds will be paid in
respect of any unused portion of any higher account offering. If
you upgrade your account, the balance already paid for the rest
of the term will be credited to your account. We will then
immediately charge you for any net amount due as a
result of the upgrade and your account renewal date will be
reset to the next available billing day.
Downgrading your account may cause the loss of content, or
features of capacity of your account. If you choose to downgrade
your account, Saral Retail does not accept any liability for the
resulting loss of data, content, features or capacity.
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Data Ownership
We respect your right to ownership of content created or stored by you.
You own the content created or stored by you. Unless specifically permitted by you,
your use of the Services does not grant Saral Retail the license to use, reproduce, adapt,
modify, publish or distribute the content created by you or stored in your user account
for Saral Retail's commercial, marketing or any similar purpose. But you grant Saral Retail permission
to access, copy, distribute, store, transmit, reformat, publicly display and publicly
perform the content of your user account solely as required for the purpose of providing
the Services to you.
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Saral Retail are provided "as is"
The Saral Retail are provided on an "as is" and "as
available" basis, and your use of them is at your sole risk. We
will try to promptly address (during normal business hours) all
technical issues that arise in connection with the Saral Retail.
You acknowledge that Saral Retail may use third party suppliers to
provide hardware, software, networking, connectivity, storage
and other technology in order to provide the Saral Retail. The
acts and omissions of those third party suppliers may be outside
of Saral Retail's control, and Saral Retail does not accept any liability for
any loss or damage suffered as a result of any act or omission
of any third party supplier.
On behalf of itself and such third party suppliers, Saral
Retail
excludes any other warranties that may be implied or otherwise
apply under statute or other applicable law, to the maximum
extent permitted by law.
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Our liability is limited
To the maximum extent permitted by law, Saral Retail shall not be
liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited
to, damages for loss of profits, business, goodwill, use, data
or other intangible losses (even if Saral Retail has been advised of the
possibility of such damages), resulting from: (a) the use or the
inability to use the Service (in whole or in part) or any
technical malfunctions; (b) the cost of procurement of
substitute goods and services; (c) unauthorised access to, or
alteration of, your communications or data; (d) statements or
conduct of any third party regarding the Saral Retail; or (e)
any other matter relating to the Saral Retail.
In any case, Saral Retail's maximum aggregate liability under or in
connection with these Terms or your use of the Saral Retail is
limited to the amount of Fees paid by you in the past 6 months.
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You are responsible for your use of the Saral Retail and you
indemnify us
You are responsible for all activity that results from use of
the Saral Retail through your account. You are responsible for
maintaining the security of your account and password. Saral
Retail will
not be liable for any loss or damage that may result from any
failure to keep User names and passwords secure.
You indemnify Saral Retail against all forms of liability, actions,
proceedings, demands, costs, charges and expenses which Saral
Retail may
incur or suffer as a result of use of the Saral Retail through
your account or as a result of your failure to comply with these
Terms.
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No malicious or illegal use
You must not: (a) use the Saral Retail in any unlawful
manner, for any unlawful or fraudulent purpose, or in any manner
inconsistent with these Terms; (b) infringe our intellectual
property rights or those of any third party in relation to your
use of the Saral Retail; (c) transmit any material that is
defamatory, offensive or otherwise objectionable in relation to
your use of the Saral Retail; (d) use the Saral Retail in a
way that could damage, disable, overburden, impair or compromise
our systems or security or interfere with other users; (e)
collect or harvest any information or data from the Saral Retail or our systems or attempt to decipher any transmissions
to or from the servers running any Saral Retail; (f) disclose
or distribute information relating to another User of the Saral
Retail to any third party, or use any other User's information
for any marketing purposes unless you have that User's express
permission to do so; or (g) access or register User logins via
bots or other automated methods.
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Reasonable use policy
You agree to use the Saral Retail in a reasonable way. If we determine that your use of the
Saral Retail is not reasonable or that your use is causing degraded
performance of the Saral Retail for you or for other Users, we
may impose limits on your use of the Saral Retail. Where
possible, we will endeavour to give you at least 24 hours prior
notice and request that your usage is reduced before imposing
any limits.
Limits on your use of the Saral Retail may include (but are
not limited to) the quantities and volumes of the following
parameters, per retailer: (a) storage required to host retailer data; (b) sales transactions per calendar month;
(c)
bandwidth usage per twenty four (24) hour period; (d) support
tickets opened per calendar month; or (e) outlets, registers,
users, products and customers.
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Intellectual property
You agree that Saral Retail owns all of the intellectual property
rights existing in the Saral Retail. You agree not to challenge
or do anything inconsistent with such ownership. You may not
publish or use Saral Retail's brand, branding or logos except with
Saral Retail's prior written consent.
You may provide us with comments, feedback or suggestions on
Saral Retail, and you agree that we will be free to use, modify
and incorporate such suggestions without any obligation to you.
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General
The Saral Retail are provided for use in business, so you
are not a consumer. To the maximum extent permitted by law, any
statutory or other consumer protection provisions do not apply to the
Saral Retail, these Terms or our
relationship with you.
Each clause in these Terms operates separately. If any court
or competent authority decides that any of them are unlawful or
unenforceable, the remaining conditions will remain in full
force and effect.
You are not permitted to assign, sub-licence, novate or
transfer these Terms or any of the rights licensed under them.
These Terms shall be governed by Indian law, and you
submit to the exclusive jurisdiction of the Indian courts
for any matter or dispute arising in relation to these Terms.
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JURISDICTION
Any dispute arising out of, or in relation to or in connection with this venture
/contractual agreement between the parties shall first be attempted to settle by
conciliation and negotiation between the parties. In the event of failure to
reach a negotiated settlement within one month from the date of delivery of
notice of dispute from one party to the other parties shall have the right to
refer the matter to the arbitration. That any dispute between the beneficiary &
Saral Retail shall be referred to an Arbitrator, which includes the Legal Advisor of
M/s. Saral Retail Solutions & the decision of the Arbitrator shall be
final binding on all parties according to the arbitration and conciliation Act,
1996, and the place of jurisdiction shall be Bhubaneswar
exclusively.