BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF OFFICEWALA'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). YOU ARE NOT ELIGIBLE TO ENTER INTO THIS AGREEMENT IF YOU ARE WORKING FOR OR AFFILIATED WITH ANY OTHER CUSTOMER RELATIONSHIP MANAGEMENT ("CRM") PROVIDER OR DEVELOPER. OFFICEWALA RESERVES THE RIGHT TO SUSPEND OR REVOKE YOUR USE LICENSE IF YOU ARE ATTEMPTING TO UTILIZE THIS SERVICE ON BEHALF OF ANY OTHER ENTITY THAT COULD CONCEIVABLY BE CONSIDERED COMPETITION OF OFFICEWALA. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF OFFICEWALA'S ONLINE SERVICE. THE TERM "YOU" REFERS TO: (1) THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AND USERS, OR (2) AN INDIVIDUAL, IN THE CASE OF A NON-LEGAL ENTITY, AS DEFINED IN THE REGISTRATION INFORMATION PROVIDED TO OFFICEWALA. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST SELECT THE "I DECLINE OR CANCEL" BUTTON AND MAY NOT USE THE SERVICE.
1. Account Terms & General Conditions
a. You must be 13 years or older to use this Service.
b. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
c. You must provide your legal full name, a valid email address, phone number and any other information requested in order to complete the signup process.
d. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
e. One person or legal entity may not maintain more than one free account.
f. Technical support is only provided to paying account holders and is only available via email.
g. You understand that Officewala uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
h. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Officewala customer, employee, member, or officer will result in immediate account termination.
i. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
j. Officewala does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
k. The failure of Officewala to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Officewala and govern your use of the Service, superseding any prior agreements between you and Officewala (including, but not limited to, any prior versions of the Terms of Service).
2. FREE EDITION Privileges
Our Hosted FREE EDITION is not a limited-time trial. It is a genuine free account, and is offered at no charge. However, if you do not login during 90 consecutive days, your Free account will automatically expire and all End User Data will be deleted permanently.
3. Privacy & Security
Officewala privacy and security policies may be viewed at http://www.Officewala.com. Officewala reserves the right to modify its privacy and security policies in its reasonable discretion from time to time.
4. License Grant & Restrictions
Officewala hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Officewala and its licensors.
You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
5. Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Officewala immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Officewala immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Officewala user or provide false identity information to gain access to or use the Service.
6. Account Information and Data
Officewala does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not Officewala, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Officewala shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), Officewala will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. Officewala reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Officewala shall have no obligation to maintain or forward any Customer Data.
We reserve the right to monitor use of our website to determine compliance with these Terms as well as the right to remove or refuse any information for any reason. If you breach these Terms, we have the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any site messages or publishing or otherwise making available any materials that we believe violate these Terms. By accepting these Terms you waive and hold us harmless from any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or law enforcement authorities. Notwithstanding these rights, you are solely responsible for your End User Data.
7. Intellectual Property Ownership
Officewala alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the OFFICEWALA SOFTWARE, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the OFFICEWALA SOFTWARE or the Intellectual Property Rights owned by Officewala. The Officewala name, the Officewala logo, and the product names associated with the Service are trademarks of Officewala or third parties, and no right or license is granted to use them.
8. Charges and Payment of Fees
By subscribing to our service, you agree to pay any applicable fees and charges specified on the Officewala website (http://www.Officewala.com/). You will also pay any applicable charges and all taxes of whatever nature, if they apply in your Province, City, State and Country. We may change the fees and charges or add new fees and charges at any time, without prior notice. You are responsible for any fees or charges incurred to access the Service through an Internet service provider or other third party service.
All fees and charges are due and payable by credit card, by check or through wire transfer, at the start of the subscription period.
Service Plan Changes. Upon any upgrade from the FREE EDITION to any paying edition, we will immediately bill you for the paying package you selected. If you downgrade your edition, the new rate will become effective at the beginning of the next billing period.
9. Excess Data Storage Fees
The maximum disk storage space provided to the Customer at no additional charge is a cumulative of 10 MB per User license. If the amount of disk storage required exceeds this limit, the Customer will be charged the then current storage fees. Officewala will use reasonable efforts to notify the Customer when the average storage used per license reaches approximately 90% of the maximum; however, any failure by Officewala to so notify the Customer shall not affect the Customer's responsibility for such additional storage charges. Officewala reserves the right to establish or modify its general practices and limits concerning storage of Customer Data.
10. Non-Payment and Suspension
In addition to any other rights granted to Officewala herein, Officewala reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). You will continue to be charged for User licenses during any period of suspension. If you or Officewala initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section mentioned above. You agree that Officewala may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Officewala reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Officewala has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
11. Termination for Cause
Any breach of your payment obligations or unauthorized use of the Officewala Service will be deemed a material breach of this Agreement. Officewala, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Officewala may terminate a free account at any time in its sole discretion. You agree and acknowledge that Officewala has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
12. Disclaimer of Warranties
Officewala AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. OFFICEWALA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY OFFICEWALA AND ITS LICENSORS.
13. Internet Delays
Officewala'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OFFICEWALA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
14. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
16. Indemnification
You agree to indemnify and hold harmless Officewala, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any terms of these Terms of Service, or other claim related to your use of the Service.
17. Modification to Terms
Officewala reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
18. General
This Agreement shall be governed in accordance with the laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and courts located in Pune, Maharashtra.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Officewala as a result of this agreement or use of the Service. The failure of Officewala to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Officewala in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Officewala and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
19. Questions about the Terms of Service should be sent to support at Officewala dot com.
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