AGREEMENT
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter referred as “You” or “Your”) AND INSTABILL TECHNOLOGIES PRIVATE LIMITED (hereinafter referred as “InstaBill”) GOVERNING YOUR USE OF INSTABILL MOBILE APP/SOFTWARE.
Please read the terms and conditions set out below carefully before using an app or software. By using any service of this app, by any computer equipment or by phone/mobile or by any electronic device you agree to be bound by these Terms and Conditions.
GENERAL
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it dosubes not require any physical or digital signatures.
InstaBill (hereinafter referred to as “Software or App or Mobile App”) is owned by Instabill Technologies Private Limited, having its registered office at C-76 2nd Floor Sector-2 Noida Gautam Budh Nagar UP 201301, INDIA.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. Further You agree to:
Subscription Fees and Payments
The Services are available under subscription plans of various durations carry different prices. After the expiry of subscription period access of mobile app shall be discontinued automatically unless you paid the subscription fee for next period at least seven days prior to the renewal date.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
Collection of information
Towards the provision of the Services and in cases where a User visits or uses the Instabill Products, Instabill shall collect the following information from a User (“User Information”):
1. Information given by the User: The User may be required to give us information (including sensitive personal information) about the User when creating or using an account on a Instabill Product, or when corresponding with Instabill by phone, e-mail or otherwise. The information you give us may include without limitation your name, images, address, e-mail id and contact number, details of any identification or address proof, details of any officially valid document, financial information, location details or other information required by Instabill to provide the desired services and protect against any illegal activities. We may also require additional information about a User in compliance of or as required under Applicable Laws;
2. Information collected about a User: With regard to a User’s use of any Instabill Product, Instabill may automatically collect and analyse technical information such as the IP address, login information, browser details, time zone setting, operating system and other similar information; or information about a User’s visit such as URL information, material or information viewed or searched by the User; page response times, download errors, length of visits to certain pages, page interaction information, methods used to browse away from the page, metadata such as location, date etc., and details of email address or phone number used to contact customer service; and
3. Information we receive from other sources: Instabill may receive information about a User its other products and services used by the User or from third parties such as advertising networks, analytics providers, search information providers. Instabill may also collect non-personally identifiable information of Users.
Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. However you have granted InstaBill permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
USER OBLIGATIONS
-By visiting our Mobile App and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the terms and conditions as stated in this policy, along with the terms and conditions as stated in our Privacy Policy.
-You further agree there is no intention to solicit any engagements from you which are statutorily mandated to be performed by relevant professionals like practising CA's, CS's, Lawyers etc. and neither will InstaBill be implied to be propagating any non-compliance via mobile app working, blog posts, comments, push or non-push notification, etc.
-You agree that you’re fully aware that Instabill is cloud computing based mobile app hence we cannot guarantee 0% downtime or non-processing of mobile app of all the time.
-We reserve the right to change this terms & conditions from time to time without notice. You acknowledge and agree that it is your responsibility to review this terms & conditions periodically to familiarize yourself with any modifications. Your continued use of this app after such modifications will constitute acknowledgement and agreement of the modified terms and conditions.
-In order to avail our professional & other services, you may be required to provide certain information about yourself (such as identification proof, address proof, email, phone number, contact details,etc.). You agree that any information you provide will always be accurate, correct, and up to date.
-Accessing (or attempting to access) any of our resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
-Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
-By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
-InstaBill grants you permission to view this app for your own personal, non-commercial use. You shall not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this site, without prior written approval from us. You represent and warrant to the Company that you will not use this site for any purpose that is unlawful, immoral or prohibited by these terms, conditions, and notices. If you do not agree and accept without modification the notices, terms, and conditions set forth herein, do not use this site. Other than this agreement and any other written agreements between you and the InstaBill, the InstaBill will not enter into any agreement with you or obligation to you through this app and no attempt to create such an agreement or obligation will be effective.
-The content provided is for information purposes alone and does not substitute for specific advice whether investment, legal, taxation or otherwise. InstaBill disclaims all liability for damages caused by the use of content on the site.
- You agreed upon that we shall not be liable for any kind of losses arises due to arithmetical or mathematical errors occurs in processing of mobile app or reports generated from mobile app. This mobile app is meant to provide you real time information on instant basis and can never be an alternative of legal and financial professionals advice.
-All the offers and discounts communicated to you over email or telephone or through mobile push notification shall be valid till date as specified with offers. In case offers/discounts validity period not specified then offers & discounts communicated to you shall be valid for the same day on which offer or discount communicated to you. We are not liable to extend the benefits of offers beyond its validity period.
-All responsibility and liability for any damages caused by downloading of any data is disclaimed.
-You agree that in case of any deficiency founds in our committed services InstaBill shall be liable only to the extent of the amount paid by you to InstaBill. No any other claims shall be entertained.
-You agree that we, including our employees and other representatives, are free to view your all kind of user profile information in to order to improve better experience of mobile app.
-You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
-You agree neither InstaBill nor any of its employees or consultant shall be liable for any loss, expense or damage incurred due to "any act of" or "any act occurs to" any affiliate vendors, agents or any other 3rd party who are associated with InstaBill whether directly or indirectly.
-You agree that you will not use a mobile app or upload, post, share, or otherwise distribute any content on our mobile app which is illegal, threatening, defamatory, abusive, harassing, defame, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language, contains any type of unauthorized or unsolicited advertising;
-We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this terms & conditions, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If your post content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to info@e-startupindia.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if InstaBill breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS Mobile App INCLUDING BUT NOT LIMITED TO ITS PARENT COMPANY/LLP, PARTNERS, OWNERS, AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU / US PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE Mobile App, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF OUR PRODUCTS AND/OR SERVICES.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE INSTABILL OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE Mobile App, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
GUARANTEE
UNLESS OTHERWISE EXPRESSED, INSTABILL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DATA PROVIDED BY US
1.From time to time, Our team may send information through push notification to update you. We are under no obligation to stop such notifications.
2.We take utmost care to ensure that data provided at our Mobile App is true and accurate. Sometimes, system errors may creep in and data generated by other Users may be inaccurate or false. You agree that we are not responsible for any loss incurred due to such inaccuracy in data.
3.We are not in any way liable to You, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.
4.From time to time, our Mobile App with has external links connected to other Mobile Apps or Website. We are in no way endorse these Mobile Apps. We are in no way liable for the information found on those Mobile Apps. External Mobile Apps may have their own policies and us in no way are responsible for any loss or damage caused by the same to you. You are advised to use your own discretion in the navigation and use of external sites.
THIRD PARTY INFORMATION
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), apart from the ones owned by Us, is a third party user generated content and We have no control over such third party user generated content.
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Mobile App or another medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
The content that you post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited
to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.
DISPUTE RESOLUTION
This Agreement, the construction, enforcement and the interpretation of its terms and any disputes arising out of it shall be governed by the Laws of India and shall be subject to the courts located in Delhi, and You hereby submit to the personal jurisdiction of such courts.
CONTACT US
If you have any questions regarding the Agreement, the practices of InstaBill or any complaints with the service, you can reach us at
Instabill Technologies Private Limited C-76 2nd Floor Sector-2 Noida Gautam Budh Nagar UP 201301 info@instabill.co