Saral Retail - Terms of Use

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  1. Terms

    These terms of use ("Terms") set out the terms and conditions for your use of the Saral Retail offered by Saral BizSoft Solutions Pvt. Ltd. or its related companies ("we" or "Saral Bizsoft"). 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 Bizsoft 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 Bizsoft'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 BizSoft.

  2. 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.

  3. 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.

  4. 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 BizSoft 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.

  5. 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 BizSoft 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.

  6. 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 BizSoft does not accept any liability for the resulting loss of data, content, features or capacity.

  7. 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 Bizsoft the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Saral Bizsoft's commercial, marketing or any similar purpose. But you grant Saral Bizsoft 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.

  8. 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 BizSoft 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 BizSoft's control, and Saral BizSoft 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 BizSoft excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.

  9. Our liability is limited

    To the maximum extent permitted by law, Saral BizSoft 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 BizSoft 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 BizSoft'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.

  10. 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 BizSoft 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 BizSoft against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Saral BizSoft 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.

  11. 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.

  12. 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.

  13. Intellectual property

    You agree that Saral BizSoft 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 BizSoft's brand, branding or logos except with Saral BizSoft'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.

  14. 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.

  15. 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 Bizsoft shall be referred to an Arbitrator, which includes the Legal Advisor of M/s. Saral Bizsoft Solutions Pvt. Ltd. & 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.