Terms and Conditions
END USER AGREEMENT (“EUA”)
Version: 1.1 – 1st Jan 2018
PLEASE PERUSE WELKIN SOFT TECH PRIVATE LIMITED’s TERMS AND CONDITIONS OF USE BEFORE USING memberCentrum APPLICATION.
Copyright © 2018, Welkin Soft Tech Private Limited.
All rights reserved
No part of this document may be reproduced in any form, including photocopying or transmission electronically to any computer, without prior written consent of Welkin Soft Tech Private Limited. The information contained in this document is proprietary to Welkin Soft Tech Private Limited and may not be used or disclosed except as expressly authorized in writing by Welkin Soft Tech Private Limited.
- Accepting the Terms
By using the Service, you agree to be bound by this Agreement and WELKIN SOFT TECH PRIVATE LIMITED’s Privacy and Security Policy, which is incorporated into this Agreement, as each may be amended from time to time, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with the Service). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to WELKIN SOFT TECH PRIVATE LIMITED.
By virtue of this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a Welkin Soft Tech Private Limited or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
- Access to Services
You have been authorized to access our cloud solution memberCentrum as per the membership plan you have enrolled for.
Your access and use of the Site and the Service may be interrupted for any of several reasons, including, without limitation, unanticipated system failures, the malfunction of third party services/hosting, periodic updating, maintenance or repair of the Site or other actions beyond the control of WELKIN SOFT TECH PRIVATE LIMITED or that WELKIN SOFT TECH PRIVATE LIMITED, in its sole discretion, may elect to take.
Your access to the services shall be limited to the list of services offered by the Company under the respective plan. At no point of time the said services shall be interchangeable nor edited according to the user requirement. WELKIN SOFT TECH PRIVATE LIMITED shall own proprietary rights of providing access to such services. However, the User shall not be deprived of any services listed as under the respective plan.
- Registration & Related Information
You must register with WELKIN SOFT TECH PRIVATE LIMITED in order to use the application. A registration with WELKIN SOFT TECH PRIVATE LIMITED requires details such as your full name, address, phone number and e-mail address.
You shall warrant and represent that all of the data provided by you for registration is accurate and complete. You also agree to report any changes in the registration data to WELKIN SOFT TECH PRIVATE LIMITED without any undue delay and shall not hold WELKIN SOFT TECH PRIVATE LIMITED liable if you fail to do so.
By completing the registration process, you consent to enter the agreement to use the services of the WELKIN SOFT TECH PRIVATE LIMITED Website. WELKIN SOFT TECH PRIVATE LIMITED accepts this offer by activating the membership for the use of services on WELKIN SOFT TECH PRIVATE LIMITED Website. The agreement takes effect with the aforementioned acceptance by WELKIN SOFT TECH PRIVATE LIMITED.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any phone number or other contact information you provide, form your “Registration Information.” You understand that WELKIN SOFT TECH PRIVATE LIMITED takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of your Information confidentiality resulting from sharing or losing your password. If you become aware of any unauthorized use of your Registration Information, you agree to notify WELKIN SOFT TECH PRIVATE LIMITED immediately.
The User shall make the prior payment (prepaid model) towards the subscription of the product “memberCentrum”. The subscription shall be activated subject to the realization/confirmation of payments. The payments to the subscription shall be made via NEFT, RTGS, Cheque, Cash or Payment Gateway’s allied with the Company. Invoice along with the payment receipt shall be mailed to the registered mail ID as provided during the initial registration procedures after realization of the payment.
- E-mails and Phone Calls
By providing your e-mail address and phone number to WELKIN SOFT TECH PRIVATE LIMITED you expressly authorize WELKIN SOFT TECH PRIVATE LIMITED to contact you via email or phone from time to time regarding (i) completing the process for registering for an account, (ii) certain changes made to your WELKIN SOFT TECH PRIVATE LIMITED account, such as a change in your Registration Information, (iii) updates to your Information, (iv) questions related to retrieving Information from your account, (vi) customer service matters and/or (vi) to let you know of changes to the Service. E-mails will be sent to the e-mail address you have provided as your primary e-mail address for the Service. If your e-mail address or your phone number changes, you are responsible for informing WELKIN SOFT TECH PRIVATE LIMITED of that change.
- Intellectual Property Rights
The Service and the contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both Indian Intellectual Property Rights and other applicable copyright, trademark and other laws. Subject to your compliance with this Agreement, WELKIN SOFT TECH PRIVATE LIMITED provides you with a limited, non-exclusive, non-transferable, non-sub licensable license to access and make individual use of the Service and the Site. The Service and all content on the site, remain the property of WELKIN SOFT TECH PRIVATE LIMITED and we do not transfer title to any portion of the Service to you. Any code or software code that WELKIN SOFT TECH PRIVATE LIMITED creates, generates or displays in the Service is also protected and you may not copy or adapt such code.
- Privacy and your Personal Information
For information about WELKIN SOFT TECH PRIVATE LIMITED’s data protection practices, please read WELKIN SOFT TECH PRIVATE LIMITED’s Privacy and Security Policy and Acceptable Use Policy. This policy explains how WELKIN SOFT TECH PRIVATE LIMITED treats your personal information when you access the Site and/or use the Service. The Privacy and Security Policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Site.
- Data Protection
- Access and Interference
You agree that you will not:
- post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Service;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service;
- solicit login information, Login IDs or personal information of another person, or access an account, belonging to someone else;
- copy the Service or any part thereof;
- use the Service for the purpose of gathering information to file a legal claim against a third-party;
- attempt to breach any security or authentication measures of the Site or the Service;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WELKIN SOFT TECH PRIVATE LIMITED or any other third party to protect the Service or the Site;
- interfere or attempt to interfere with other Users’ or Members’ use of the Site or Services, respectively;
- defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User, Member or employee, staff or agent of WELKIN SOFT TECH PRIVATE LIMITED;
- do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Service;
- use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Service in any manner;
- do anything that is illegal, infringing, fraudulent, malicious or could expose WELKIN SOFT TECH PRIVATE LIMITED or Users or Members to harm or liability; or
- Facilitate or encourage any violations of this Agreement.
- Children’s Privacy
The services provided by WELKIN SOFT TECH PRIVATE LIMITED are intended exclusively for persons of legal age. WELKIN SOFT TECH PRIVATE LIMITED is not intended or designed to attract children under the age of 18.
- Liability of Company
- The use of the WELKIN SOFT TECH PRIVATE LIMITED site and the Content is at your own risk.
- When using the WELKIN SOFT TECH PRIVATE LIMITED site, information will be transmitted over a medium that may be beyond the control and jurisdiction of WELKIN SOFT TECH PRIVATE LIMITED and its suppliers. Accordingly, WELKIN SOFT TECH PRIVATE LIMITED assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the WELKIN SOFT TECH PRIVATE LIMITED site.
- The WELKIN SOFT TECH PRIVATE LIMITED site and the content are provided on an “as is” basis. WELKIN SOFT TECH PRIVATE LIMITED and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights.
- The satisfaction of any government regulations requiring disclosure of information or the approval or compliance of any software tools with regard to the Content contained on the WELKIN SOFT TECH PRIVATE LIMITED site.
- Limitations on Company’s Liability
WELKIN SOFT TECH PRIVATE LIMITED shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from the site, your use of the service or this agreement, even if WELKIN SOFT TECH PRIVATE LIMITED has been advised of the possibility of such damages.
- Modification of the Terms and Conditions
WELKIN SOFT TECH PRIVATE LIMITED reserves the right to change the Terms and Conditions at any time. After such a modification the changed General Terms and Conditions will be offered for inspection immediately on the website. By using the website and the other products of the Welkin Soft Tech Private Limited after changes to the Terms and Conditions the Party declares to agree to the revised General Terms and Conditions.
- Termination of Agreement
This Agreement will continue to apply until terminated by either you or WELKIN SOFT TECH PRIVATE LIMITED as set out below. If you want to terminate your legal agreement with WELKIN SOFT TECH PRIVATE LIMITED, you may do so by closing your account for the Service.
WELKIN SOFT TECH PRIVATE LIMITED may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if WELKIN SOFT TECH PRIVATE LIMITED in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- If the payment is pending for the subscription for more than 15 days from the date of Invoice.
- Subscription can be cancelled with in 30 days from the date of activation of account in case of the product does not meet user needs. In such cases refund shall happen in prorated basis. Any cancellation after 30 days from the date of activation, payment shall not be refunded.
All sections which by their nature should survive the termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.
- Dispute Resolution
This Agreement, and your relationship with WELKIN SOFT TECH PRIVATE LIMITED under this Agreement, shall be governed by the laws of India without regard to its conflict or choice of laws provisions. Jurisdiction for any dispute with WELKIN SOFT TECH PRIVATE LIMITED, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall lie exclusively with the courts within the county of India, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case WELKIN SOFT TECH PRIVATE LIMITED may seek such relief in any court with jurisdiction over the parties.
All disputes and differences whatsoever which shall arise between the parties relating to any matter whatsoever pertaining to the interpretation of this agreement and whether before or after agreement shall be referred to a single arbitrator, if the parties agree upon one, otherwise to three arbitrators one to be appointed by each party to the difference in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force.
- Complete Agreement
Except as expressly provided in a particular “legal notice” on the WELKIN SOFT TECH PRIVATE LIMITED site, this Agreement applies only to the membercentrum.com website (the “Site”), and does not cover any interaction you may have with (“Welkin Soft Tech Private Limited,” “us,” “our,” “we”) by telephone, postal mail, or other offline communications.
By using our services from the website you are representing and warranting that you have read, understood and agree to comply with the terms and conditions of this EUA.