Terms of Service


Clinchpad Technologies Pvt. Ltd ( ‘Clinchpad’, ‘We’ , ‘Us’ or ‘Our’ ) provide services ( ‘Service’) through Website https://www.clinchpad.com ( ‘ Website’ ) and other related products.

By creating an account and using or accessing our Website, You or the Entity (‘You’, ‘Your’) that you represent enters into an Agreement (‘Agreement’) with Clinchpad and agree to the following terms and condition of Agreement (‘Terms’) and the Privacy Policy available at https://www.clinchpad.com/privacy-policy governing your use of Website and Service.

Acknowledgement and Acceptance of Terms & Conditions of Agreement (‘Terms’)

Please read these Terms carefully. By registering to use our Service, you acknowledge that you have read, understood and agree to be bound by these Terms and Privacy Policy. If you do not agree to be bound by these Terms and Privacy Policy, please exit the Service now.

Terms and Conditions of the Agreement (‘Terms”)

Duration

This Agreement shall commence on the day you subscribe to the Service and continue until you delete your account or we decide to shut down our Service or suspend or terminate your account for non payment of subscription charges or for any reason as provided under the Terms.

License Grant And Restrictions

In consideration of your payment of the relevant fees wherever applicable, Clinchpad agrees to provide you and hereby grants to you a limited, non-exclusive, non-transferable license to use Service through Website / Mobile App provided to you by Clinchpad.

You own and have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and IPR ownership or right to use of all your data and we shall not be responsible or liable for the deletion, correction, destruction, damage, loss of or failure to store any Customer data.

You agree to ensure that you will not use the Service for the purpose of storing, transmitting or receiving any unacceptable content.

Modification to Terms or our Service

We expressly reserve the right to update and change the Terms from time to time without notice to you. Further, we reserve the sole right to either modify or discontinue the Service or may delete or add any feature at any time with or without notice to you. We will not be liable to you or any third party should we exercise such an option.

You accept and agree that this is your responsibility to keep reviewing these changes from time to time and to familiarize yourself with any modification. Your continued use of the Service after such modifications will constitute acknowledgement of the modified Terms and in agreement to abide and be bound by the modified Terms. If we make any change in the Terms, we will change the last updated date. You can review the most current version of the Terms at any time at https://clinchpad.com/terms-of-service

Personal Information and Privacy

Your personal information shall be managed as per the Privacy Policy provided on our Website. It is your responsibility to maintain the confidentiality of your Personal Information including but not limited to username, password and other sensitive information. Clinchpad is not responsible in any way for any loss or damage to you or to third party or misuse of your account due to unauthorized access.

Accounts Administration and Recovery

Your account may have one or more users including administrator or administrators. Administrators can configure the Service based on your requirements and manage end users in your organization.

You are completely responsible for managing your organization users including adding and removing users as well as granting them administrative privileges.

You are responsible for ensuring that your organization does not lose control of administrative accounts. In case of an event where your organization loses control over administrator account, we may recover such information at our sole discretion. We may reassign administrator control to such individuals, only upon such proofs to our satisfaction, including but not limited to submission of authorization letter, board resolution, email and phone verification. You agree not to hold Clinchpad liable for the consequences of any action taken by us in good faith in this regard.

Termination

You may discontinue the use of your account at any time but by giving a notice of discontinuation at least 7 days in advance before the start of next billing cycle. You are solely responsible for properly cancelling your account. All of your information may be immediately deleted from the Service upon your cancellation.

You acknowledge and agree that We may, in our sole discretion, at any time terminate or suspend your access to all or part of the Service with or without notice and for any reason, including, without limitation, on breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be the grounds for terminating your account.

Upon termination or suspension of your account, regardless of the reason therefore, your right to use the Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. We will not be liable to you or any third party for any claims of damages arising out of any cancellation, termination or suspension.

Service Level

We do not guarantee that the Service will be operable at all the times or during down time, including but not limited to internet service provider outages, equipment failures, scheduled maintenance or force majeure events.

Marketing

You agree to let us use your organization’s name and logo in the customer list and at other places on the Website, including but not limited to Website.

Pricing and Billing

We offer different price plans which can be purchased should you choose to upgrade from free subscription plan. We may offer limited period free trial post which the plans will be billed either monthly, bimonthly or quarterly or as mutually agreed.

All payment(s) are to be made 7 days in advance to start using the paid Service and thereafter to continue the use of Service as per your subscription plan or as mutually agreed plan. In case of nonpayment, we reserve the right to terminate or downgrade the Service at any time, We will not be liable to you or the third party should we exercise such an option because of such termination or data loss.

All Service upgrades or addition of new features are effective immediately while downgrades are effective as of next renewable date. We may discontinue to offer free subscription plan or modify or change the prices of the plans and/or provide an upgraded Service or feature at any time in which case new prices of the plans or the new plans will be in effect as of next billing cycle. All payments made shall be non-refundable and you will not be entitled for any refund for partially used period of the Service

Taxes

All taxes what so ever applicable at the time of billing would be charged extra in addition to the price of the plan.

Proprietary Rights

The Service, which includes but is not limited to all intellectual property rights in the Service, will always be our property. You will use the Service subject to the Terms. Unauthorized use of the Service or resale of the Service without our prior written consent is prohibited. You will not do or allow any third party to do reverse engineering or modify or create derivatives of the Service using any method possible in any way.

Except for the licenses granted by us to you to use the Service, you have no right, title or interest in or to the Service. You acknowledge and agree that we own all rights, title and interest in and to the Service.

Disclaimer of Warranties or Representations

You understand and agree that Service is provided on ‘as is’ and ‘as available’ basis without warranty of any kind. Your access to and use of the Service is at your own risk. We expressly disclaim all warranties of any kind, express or implied, included but not limited to the implied warranties of merchantability or fitness for a particular purpose or the warranty of non-infringement. Without limiting the foregoing We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, security or reliability, technical or other mistakes, inaccuracies of the Service. Neither We make any warranty that the Service will be error free, free of viruses or other harmful components or that access thereto will be continuous or uninterrupted.

No advice or information, whether oral or written, contained in the Service or obtained from Us or Our employees or Our representatives, shall create any warranty not expressly stated in the Terms. You understand and agree that you will be solely responsible for any damage to you resulting from the use of the Service. We will not be responsible or liable for any harm to your computer system, loss of data, or any other harm that results from your access to or use of the Service. The entire risk arising out of use the Service remains with you.

You agree that We or Our affiliates shall, in no event, be liable to you or any third party for any consequential, incidental, indirect, punitive, special or other loss or damage of any kind whatsoever or loss of business or business information, profits, any type of interruptions, computer failure or any other type or kind of loss arising out of or in connection with the use of the Service even if We have been advised of the possibility of such damage.

You acknowledge and agree that your sole and exclusive remedy of any dispute with Us related to any of the Service shall be to discontinue of the Service. In no event Our entire liability to you in respect of any Service, whether direct or indirect shall exceed the fees paid by you towards the last billing cycle of such Service. If you are in free user plan or using the Service without making any payment then We have no liability whatsoever.

Indemnification

You agree to indemnify, hold harmless and defend Clinchpad, its directors, shareholders, investors, contractors, subsidiaries , licensors, owners, proprietor, officers, employees , advertisers, suppliers and agents from and against any third party claim arising from or in any way related to your use or misuse of Service, violation of the Agreement or Terms or any other actions connected with the use of Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), judgments, suits, fine and expenses including attorney’s fees and cost.

Governing Law and Jurisdiction

These Terms shall be governed for all purposes and enforced in accordance with the laws of India. Courts in New Delhi, India shall have the exclusive jurisdiction to determine any dispute arising in relation to, or under, these Terms.

Last updated on 5 May 2017