Terms of Service
USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OR SERVICE:
Clinchpad Technologies Pvt Ltd ( ‘We’, ‘Us’, or ‘ Our’ ) provide services ( ‘Service’ ) to you through our website clinchpad.com, Clinchpad Technologies Pvt Ltd and other related products . By using the Service you agree to be bound by following Terms of Service (‘Terms’ ). If you do not wish to be bound please exit the Service now.
MODIFICATION OF TERMS OF SERVICE:
We expressly reserve the right to update and change these Terms from time to time without notice to you. Any new feature or change that augment or enhance the current Service shall be subject to the Terms of Service. You accept and agree that this is your responsibility to 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 agreement to abide and be bound by the modified Terms.If we make any changes in the Terms, we will change the last updated date. You can review the most current version of the Terms at any time at http://www.clinchpad.com
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.
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 conditions.
Registration Data and Privacy: In order to access to Service and or to complete our online registration you may have to provide certain data and information. It is your responsibility and obligation that the information and the data provided is true, complete and up to date.
Security and Password: You are solely responsible for maintaining the confidentiality of the password and your account including for all activities, acts or omission that occur through the use of your password and account.
You agree to notify Us immediately if you become aware of any unauthorized use of your password and account at [email protected]
You will ensure and agree that you will not assign or transfer or share your password and account with anyone and if found so We reserve the right to immediately terminate your account without any notice to you.
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 www.clinchpad.com
Pricing and Billing: We offer different price plans which can be purchased suitable to your requirements before or after the free trial. The plans will be billed either monthly, bimonthly or quarterly on mutually agreed terms and payments are to be made accordingly.
Payment is to be made atleast 7 days in advance to start using the Service and thereafter to continue the use of Service always the payment to be made in advance atleast by 7 days before the start of the billing cycle i.e monthly, bimonthly, quarterly, half yearly or yearly as mutually agreed terms.
In case of non payment by you as per the agreed terms, We reserve the sole right to terminate the Service at any time and access to your account or the files or the other content in your account. We will not be liable to you or the third party should we exercise such an option.
All Service upgrades or addition of new features are effective immediately while downgrades are effective as of next renewable date. We may change the prices of the plans or the plans and/or provide an upgrade 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.
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.
Termination: You may discontinue the use of your account at any time but by giving a notice of discontinuation atleast 7 days in advance before the start of next billing cycle. You are solely responsible for properly cancelling your account. All of your information will 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, breach of these Terms . Any suspected fraudulent, abusive or illegal activity may be 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.
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.
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. No advise 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. The entire risk arising out of use the Service remains with you.
We may make changes to the Service, including but not limiting to the prices, the plans and description of features listed herein, at any time without notice.
Limitations of Liability: 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 the such Service.
Indemnification: You agree to indemnify , hold harmless and defend Clinchpad Technologies Pvt Ltd, 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 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 ),judgements, suits, fine and expenses including attorney’s fees and cost.
Proprietary Rights: The Service, which includes but is not limited to all intellectual property rights in the Service, will always be the property of Clinchpad Technologies Pvt Ltd. 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, nor will you, 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.
Governing Law and Jurisdiction: These Terms shall be governed for all purposes and enforced in accordance with the laws of India. Any dispute will be settled under the jurisdiction of courts at New Delhi.
Last updated on 21 February 2015