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The subscription fees paid for use of advanced features on the Site are non-refundable irrespective of whether the Services have been availed/ and or consumed. Your subscription plan will continue to remain active till the end of the subscription term and cancellation of subscription will not be allowed during the subscription term. Only in cases of any fraudulent transactions and/or error in transaction such as duplicity in payment and/or incorrect amount charged, we may refund the subscription fee at our sole discretion post successful verification.
We assume no responsibility and shall incur no liability in case of incorrect transactions and/or if Operify is unable to process the payment instructions issued by You owing to one or more of the following reasons:
We provide a one stop solution for Store and Project Management for businesses. By using Our Site, users can avail Store and Project processing services, manage staff attendance, cash flows and receive associated payment and attendance reports.
We will exercise reasonable skill and care with respect to the access of the Site by the Users. Although We have asked all users to use the Site responsibly, We cannot guarantee the accuracy, integrity or quality of any information You acknowledge and agree that We do not check or verify the details of any service bookings and do not guarantee the accuracy, integrity or quality of any information which is posted by third parties. It is hereby clarified that Operify shall incur no liability in cases of non-compliance of applicable state and central labour laws with respect to Store and Project processing and other services availed on the Site.
You agree to abide by the Terms of Use when using the Site. You shall be solely responsible for checking and verifying the details of any services accepted/ rendered on the Site by You and the terms of any support thereof. You shall be responsible for complying with all applicable laws including labour laws, local state and municipality laws and taxation regulations in Your dealings with other Users and for the performance and quality of any support which You agree to provide to/ receive from a User.
You agree not to impersonate any person or entity, falsely claim, or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, misrepresent the source, identity, perform any similar fraudulent activity or otherwise avail Services with what that we reasonably believe to be potentially fraudulent funds.
By registering as a User and by using the Site, You agree to indemnify and hold Us harmless from all costs, losses or claims which may result from any information You submit or transmit via the Site or from any support which You agree to provide to/ receive from any User.
The Site does not tolerate any illegal and unauthorized activities on or against the Site by either Users or any unrelated third parties. All Users are absolutely prohibited from impersonating another person/User or deal in any other manner that is prohibited by the Laws of India and other Jurisdictions. If we have reasonable grounds to believe that a User has indulged in any prohibited activities or has committed any Crime or Cyber Crime, Operify may in its sole discretion, but without any legal obligation to do so, initiate appropriate legal proceedings against the offender as well as notify the same to any regulatory or law enforcement agency of India or Foreign Jurisdiction. Operify may also suspend or terminate the User’s account and other privileges for the use of the Site.
In case of any Cyber Crime and Cyber Contravention involving their accounts, Users alone are responsible to investigate, prosecute and file necessary legal actions and proceedings against the Cyber Criminals and other Offenders and Operify shall in no case be responsible to share the financial and investigation burdens of the User. We will, however, endeavor to support Users in investigating such instances of Cyber Crime, if any, to the best of its ability.
After successful registration on the Site, a username (“ID”) will be generated for the use of the Site by You, which You must keep confidential. You shall be solely responsible for preventing any unauthorised use of Your ID and notify Us in case any theft or unauthorized use of the ID takes place. We reserve the right to suspend and/ or block Your ID if the same is used in contravention of these Terms of Use. We are not responsible for changing / migrating the data from one User account to other.
The Site allows the registered users to create, edit and submit necessary information including creating User profile, posting details pertaining to the employee(s). We do not seek to monitor or control the submission of information. However, We do reserve the right to delete, move and edit any material submitted where We consider it necessary to do so. You agree to comply with all applicable laws and regulations when using the Site and are solely responsible for all the information You submit for inclusion or transmission. You must not post or transmit any material that(i) is fraudulent, dishonest or misleading; (ii) is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any law; (iii) encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice; (iv) infringes the copyright or other rights of any third party; (v) is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data). You grant Us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the material for the purpose of operating the Site.
We may from time to time provide automatic alerts/notifications and payment related alerts linked with Your Account on Site. Further, automatic alerts may be sent to you following certain changes to Your Account or information, such as changes in your registration information. By accepting the terms and conditions and/or using the Services, you accept that we may send the alerts to your registered mobile phone number, WhatsApp and through push notifications.
Electronic alerts will be sent to the mobile number provided by you via SMS, push notifications or WhatsApp for the Services. If your mobile number changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to mobile number will apply to all of your alertsF
We will make best efforts to provide the Service and it shall be deemed that you shall have received the information sent from us as an alert on your registered mobile phone number and we shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold us liable for non-availability of the service in any manner whatsoever.
You further acknowledge that You shall have the obligation to inform us about any change in your mobile phone number or e-mail address. Alerts /notification will be sent to your new mobile number or e-mail address after registering and linking it with your Account. You acknowledge that the WhatsApp service or push notification or SMS provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event you observe any error in the information provided in the alert, you shall immediately inform us about the same. We will make best possible efforts to rectify the error as soon as possible.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
To keep the Site up to date, You agree that We may automatically provide You with such updates without Your further consent or notice to You. Please note that if the updates are not installed or such installation is stopped by You, Our Site may not operate properly or may not operate at all. We do not guarantee that We will make any updates available for Our Site, or that such updates will continue to support Your device or system.
You may access and use the Site only for Your personal/business and lawful purposes in accordance with these Terms of Use. You agree not to access the Site by any means other than through the interface that is provided by Us.
You shall comply with any codes of conduct, policies or other notices that We provide to You or publish in connection with the use of the Site from time to time, and You shall promptly notify Us if You learn of a security breach related to the use of the Site. Additionally, You shall be responsible for complying with any laws, rules and regulations for the use of Our Site in Your jurisdiction.
We reserve the right to add, change, modify, discontinue or remove features from Our Site, at any time without cause, temporarily or permanently with or without any notice to You. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of Our Site.
You shall not modify, adapt or hack the Site, or otherwise attempt to, gain unauthorized access to the Site or their related systems or networks.
Unless otherwise stated, the intellectual property rights in the Site (including without limitation all content, materials and technology used or appearing or transmitted through it) belongs to Us or Our licensors.
Subject to the terms and conditions of these Terms of Use, We hereby grant You a personal, non- transferable, non-sublicensable and non-exclusive right and license to use the Site solely in accordance with these Terms of Use, provided that You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in the Site.
You shall treat this Agreement as confidential. You shall not, except with Our prior written approval, disclose or make any public or other announcements of any aspect covered by these Terms of Use and any other relevant information and documents, the contents of which are made available to You with respect to the use by you of the Site, unless required to do so and to the extent necessary under these Terms of Use, on a need to know basis, while always ensuring that the persons to whom such information and documents are disclosed maintain the strictest confidentiality of the same.
We reserve the right to disclose any information/ documents pertaining to the User and/ or any transaction on the Site, in the event such information/ documents:
have ceased to be confidential without default on Our part;
have been received from a third party who did not receive it in confidence; and
We are required by any court, government or other regulatory body to disclose, but only to the extent required by law.
Our Privacy Policy explains how We collect, process, use and disclose registration information and other Personal Information about you. For the definition of Personal Information and full details, please see our Privacy Policy at Operify.com/policy.
We endeavor to ensure that the information available on or through the use of the Site is correct, up to date and accurate. We are mere service providers, You use the services at Your own risk. However, we do not warrant the accuracy and completeness of such information. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from such download. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein.
We will not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to payment gateway; interruption or stoppage of the Site; non-availability of connectivity links/hyperlinks. Our sole obligation and your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible.
The Site permits You to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that it is accurate and complies with all the relevant laws. We will not be responsible to You for the conduct of any such third party or for any error or inaccuracy in the information submitted by them. We make no promise that the Site will meet Your requirements or that the Site will be free of fault or continuously available. Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.
You shall defend, indemnify, and hold harmless Us, Our affiliate companies, directors, associates, agents and officers from and against any loss, expenses, claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these Terms of Use or violation of any third party rights by You hereunder.
We shall not provide notice to You of any such claim, suit or demand. Further, We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this clause. In such case, You agree to cooperate with any reasonable requests assisting Our defense of such matter.
The obligations contained in this clause shall survive the termination of the Terms of Use with You and Your use of Our Services.
In no event, Operify or its contractors, agents, licensors, partners or suppliers will be liable to You for direct, indirect, ancillary, special, incidental, consequential, punitive, reliance or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, loss of anticipated profits or any other pecuniary or non-pecuniary loss , goodwill, use, data, other intangible, or damage of any nature whatsoever loss (even if Operify has been advised of the possibility of such damages), arising out of or relating to: (i) this Agreement or any other policies of the Website; (ii) the Services, the Website or any reference site/app/Site/service; or (iii) Your use or inability to use the Services, the Website(including any and all materials) or any reference sites/app/Site/service, even if we or our authorized representative has been advised of the possibility of such damages or (iv) any other interactions with Operify.
In the event that the performance of any of Our obligations pursuant to these Terms of Use is prevented, hindered or delayed by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, war or other violence, or service interruptions caused by the hosting service, failure or any act by or nature of telecommunications carrier, of the internet backbone, of any internet servers, or any applicable law, order proclamation, interruptions in supply of electricity regulation, ordinance, demand or requirement of any governmental or regulatory authority and such non-performance, hindrance or delay could not have been prevented by reasonable foresight or precautions (including proper planning and execution of the disaster recovery or business continuity plan) or circumvented through the use of alternate sources, work-around plans or other means or any applicable law, order proclamation, regulation, ordinance, demand or requirement of any governmental or regulatory authority ( collectively “Force Majeure Event”), then We will be excused for such non-performance, hindrance or delay, as applicable, from Our obligations hereunder, to the extent that they are affected by the Force Majeure Event.
You can reach us at [email protected] or contact us at 24x7 Hours Customer Support at +91-7727049631 in case of any query and/or complaints.
All notices shall be sent to Us/ You via email or at the postal address provided hereinbelow:
1545, Sector 1, 19 Main Road, opposite BMTC Bus depot, HSR Layout, Bengaluru-560 102, Karnataka
These Terms of Use shall be governed by and construed in accordance with the laws of India. The parties subject themselves to the exclusive jurisdiction of the courts at Bengaluru, India
Any dispute in respect of all or any of the provisions of these Terms of Use shall be resolved amicably within 15 (fifteen) days of notifying the same to the other party and in the event neither party reaches an agreement, the dispute should be resolved by Arbitration which shall be referred to a Sole Arbitrator in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Bengaluru, India and the language used shall be English.
We reserve the right to change these Terms of Use at any time. You are expected to check and get acquainted with these Terms of Use from time to time.
No delay in enforcing any provision of the Terms of Use will be construed to be a waiver of any rights under that provision by Us.
You shall not assign any of Your rights or obligations under these Terms of Use without Our prior written consent.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.
I hereby agree to these Terms of Use.These Terms of Use has been last updated on 20/03/2021