These terms of service (the "Terms of Service") govern your use of our website and our daton application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform" and the services provided hereunder shall be referred to as "Services"
Please read these terms carefully. By accessing, installing, downloading or using the Platform you signify your acceptance to the Terms of Service which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement with Saras Solutions India Private Limited (hereinafter referred to as "Saras" or "Company") to abide by the same. You may not use the Services if you do not accept the Terms of Service or are unable to be bound by the terms of this Terms of Service. Your use of the Platform is at your own risk.
- The Services are operated and owned by Saras Solutions India Private Limited (hereinafter referred to as "Saras", "Company", "we", "us" or "our"), a company registered under the Companies Act, 2013 in Hyderabad. The Company is into marketing data analytics focused on e-commerce platforms (hereinafter referred to as "Services").
- The Services constitute a technology platform that enables cloud-based tool which integrates data from several sources and stores in a database. The data sources are marketing channels, sales data from websites, user behavior data and any other databases of the clients. We use business intelligence tool which generates reports and clients use these reports to assess their sales and marketing efforts to make business decisions. We also provide custom analytics to clients using data from the integrated database.
- We reserve the right to change the Terms of Service at any time without notice by posting changes on the Website and App and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website or App. You shall, at all times, be responsible for regularly reviewing the Terms of Service and note the changes made on the Website and App. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Service.
Use of Services
- If we have reasonable grounds to suspect violation of these Terms of Service or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all parts of our Services.
- For the Data Integration Product you shall engage us on a subscription basis per period/ billing cycle.
- For Sales and Marketing Dashboard, you shall engage us on a monthly/ yearly subscription model for using the reports
- For analyst Service, we charge for the number of analysts (persons) required for the period.
- You shall provide us all the information necessary for the completion of the Services.
- We provide the estimated price details for the services requested, however the prices may vary due to additional work.
- All fees are exclusive of taxes and other charges.
- The Company reserves the sole right to change the fees at any time. The revised fees will be intimated on the Platforms.
Changes and Modifications
- You may subscribe to additional services and/or upgrade the services. However, there will be additional charges for the additional services and/or upgrade.
- All the Services subscribed by you is non-cancelable and all fees paid by you are non-refundable
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In case you do not agree to the new terms, you can discontinue using the Services.
We shall not be held responsible for not fulfilling any commitments made to the customers because of the following reasons:
- Including Acts of god earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters.
- Unexpected circumstances including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions
- Interruption in the transportation services of air or ground transportation networks or any other mechanical problem
- Criminal acts of third parties such as theft and arson.
Indemnity and Liability
- You should note that we shall not incur any liability to you for providing you with the Services and access to the Platform. Notwithstanding this, in the event we are ever held liable for any loss suffered by you, our liability shall not exceed the fees received by us for the particular services you have selected on the Platform. No liability shall be incurred by us in the event of a force majeure event resulting in the disruption of the services.
- You agree to indemnify us from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs) claims, demands, actions and proceedings which we may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Platform or a breach of any representations and warranties made by you, and shall pay such sums on demand by us.
- In no event the Company or its employees or its agents have the liability arising from or related to the Services shall not exceed the payments actually received and retained by the Company from you as service fees for the services rendered for any and all causes of action brought by you or your agents.
You warrant, undertake and guarantee to us that:
- The customer at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; and (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) regarding your use of our service.
- The customer must abide by the fact that all the information regarding the Services is true and factually correct which if found fraudulent or misleading, the customer is liable for penalties and loses all the rights to claim the consignment which may be forfeited and/or sold. The customer acknowledges indemnifying our company from any claims or cases which arise due to the information provided by them.
- The customer promises to insure us against any liability, damages or expenses and deem us innocent in the case of them breaching any of the warranties, policies, conditions or representations.
- In the event of any misleading or fraudulent statement produced by the customers regarding the vehicle or any of its content, the customer shall be at the risk of legal action. If because of the information in any claims inflicted against us, the cost and administration fees shall be taken care of by the customer with our company having to face no liability regarding any of it.
Other Terms of Service
- If you use the Services, you do the same at your own risk.
- By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
Code of Conduct
When you use Company's Services, you gain access to a range of information and services. The following code of conduct governs your use of these, or any other interactive areas on the Company's website. User agrees that he/she will not upload to, post at, or transmit through the site:
- Any materials that are unlawful, threatening, abusive, defamatory, obscene, offensive pornographic, profane, or indecent, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable law or regulation.
- Any materials that violate or infringe the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; or rights under securities or other applicable law.
- Any materials that contain a virus or other harmful or illegal components.
User further agrees that he/she will not:
- Alter damage or delete any materials appearing on the site, or use any automated or other means to "scrape" information from the site.
- Disrupt the normal flow of communication on the site, such as through "spam" email or by other means.
- Claim a relationship with or speak for any business, organization, or person for which you are not authorized to claim such a relationship.
- Violate any operating rule, policy or guideline of my internet access provider or online service.
- We reserve the right to prohibit or restrict conduct within an interactive area, and reserve the right to edit, refuse to post, or to remove any content, in whole or in part, which in the Company's sole discretion Company believe violates Company's code of conduct, or is otherwise objectionable.
General Terms of Service
- Only individuals who are 18 years of age or older may use the Services. If you are under 18 years of age and you wish to download, install, access or use the Services, your parents or legal guardian must acknowledge and agree to the Terms of Service. Should your parents or legal guardian fail to agree or acknowledge the Terms of Service, you shall immediately discontinue its use.
- If you choose to use the Services, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Service.
- You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Service to the attention of all such persons accessing the Services on your computer or mobile device.
- You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
- You agree to receive promotional SMSs from the Company or allied partners. In case you wish to opt-out of receiving promotional SMSs please send a mail to email@example.com
- In the event, the Company has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, the Company may cause the customer to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, the Company reserves the right to seek compensation from any and all violators.
- All offers are subject to the Company's discretion and may be withdrawn at any time and without notice.
By using the Services you represent and warrant that:
- All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
- You are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
- You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
- All necessary licenses, consents, permissions, and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Service, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
- You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind.
- You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
- You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Services.
- You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
- You will not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
- You will not engage in any form of antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
- You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
- You will not solicit gamble or engage in any gambling activity which is or could be construed as being illegal;
- You will not try to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:
- Any part of the Services or the Services software; or
- Any equipment or any network on which the Services is stored or any equipment of any Third Party.
Access to the Services, Accuracy and Security
- We endeavor to make the Services available during normal working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error-free, free of viruses or other harmful components or that such defects will be corrected.
- We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.
- We do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.
- We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.
Relationship with Operators
- Services accessed on a mobile device are not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an "Operator").
- Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.
- You and we acknowledge that these Terms of Service are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Services and the content thereof to the extent specified in these Terms of Service.
- The license granted to you for the Services is limited to a non-transferable license to use the Services on a mobile device that you own or control and as permitted by these Terms of Service.
- We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
- You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringes that Third Party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You must comply with any applicable Third Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).
- You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are Third-Party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a Third Party beneficiary thereof.
- The services may be under constant upgrades, and some functions and features may not be fully operational.
- Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the services or delays or errors in functionality of the services. As a result, we do not represent that the information posted is correct in every case.
- We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/debit cards or any other payment methods.
- You acknowledge that third party services are available on the Services. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's/vendors services.
- While the materials provided on the services were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
- The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgment of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
- We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the services. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
- In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or vendor accessed through the services, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
- No delay or failure on our part to enforce our rights or remedies under the Terms of Service shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved with the Company.
- You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks, and other proprietary rights) of any kind on the Platform, and our websites, emails, platforms, mobile sites, applications, other products and/or services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that we retain ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you under these Terms of Service.
- Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts, and other distinctive branding features constitute our intellectual property and may not be copied, imitated, or used, in whole or in part. You agree not to infringe any intellectual property rights when you use the Platform and that you will indemnify us for any claims which may arise on us in this regard.
- We have invested substantial time and effort into developing the Platform and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Platform. You agree that any infringement of these restrictions will cause us irreparable loss.
- All contents are the exclusive copyright of the Company or its licensors, except any third-party content and link to the third-party website. Any use of the contents to create or compile directly or indirectly, a collection, compilation, database or directory without permission from the Company is prohibited. In addition, the use of contents for any purpose not expressly permitted by the Company in these Terms is strictly prohibited. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not use any part of the materials on the Services for commercial purposes without obtaining a license to do so from us or our licensors.
- If you print off, copy or download any part of the Services in breach of these Terms of Service, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and access to our Services. The causes for such termination shall include, but not be limited to:
- breaches or violations of the Terms of Service or other incorporated agreements or guidelines
- requests by law enforcement or other government agencies
- a request by you (self-initiated account deletions)
- discontinuance or material modification to the service (or any part thereof)
- unexpected technical or security issues or problems, and
- extended periods of inactivity.
Termination of your account includes:
- removal of access to all offerings within the service
- deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
- barring further use of the service.
- We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Service, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services that they may provide to you.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Governing Law and Dispute Resolution
- Applicable Law: The competent courts of Hyderabad shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms of Service. Any provision of these Terms of Service which is, or may be, void or unenforceable shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect any other provision of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. Company may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Services without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of our Services shall be deemed your conclusive acceptance of the modified agreement.
All complaints should be addressed to firstname.lastname@example.org