OrderSho™ is copyright and Trademark of RadeonTrax Software Solutions LLP (hereinafter referred to as "Company").
1.1. Following words and phrases shall have the specific
meaning assigned to them here under:
a. OrderSho™ Mobile Applications are the applications owned and operated by the Company and accessible on Google Playstore and other similar market places.
b. 'Website' shall mean the website hosted and managed by the Company,
identified and accessed through the URL www.OrderSho.com, or OrderSho.com.
“Mobile App” or “Mobile Apps” shall mean the OrderSho™ Mobile Applications and
operated by the Company and accessible on Google Playstore and other similar
market places.
c. 'Customer' is an Enterprise that registers with the Company to utilize the services and features provided by OrderSho™ Mobile application and OrderSho™ web application. The Customer provides access to their own employees and/or consultants, referred to as ‘Registered User’ below, to access and use OrderSho™ Mobile application and/or website, on behalf of the Customer.
c. 'Registered User' shall mean the User who registers (or Sign Up) using the OrderSho™ Mobile Applications, or the Website, by accepting the Terms and Conditions listed below and by entering the requisite data. ‘Registered User’ (hereinafter referred to as ‘User’) can use the OrderSho™ Mobile application and/or website on behalf of the Customer. Customer authorizes their own users by creating User ID for each User, using the OrderSho™ website functionality. The Customer can decide to activate or deactivate access to specific Users, as per Customer requirements.
d. 'Party' shall mean either the Company or the User or the Customer unless
repugnant to the context thereof and 'Parties' shall mean both Company and the
User and Customer.
e. 'Service(s)' shall mean the services provided by the Company through the
Website including but not limited to provision of information, search for
information, data cataloguing, data analysis and so on.
f. 'Intellectual Property' shall mean any invention, creation, work, algorithm,
source code, object code or other code, design, Confidential Information,
Confidential Data, Product(s) and so on which have been acquired, are in the
process of being acquired or capable of being acquired as patents, copyrights,
trademarks, trade secrets or other types of Intellectual Property.
g. 'User Information' shall mean details such as first name, email ID, city,
state, country, mobile number etc. submitted by the Customer to authorize the
user to use OrderSho™ on behalf of the Customer.
h. The Customer may setup, using features of OrderSho™ Mobile application/website, to track background and foreground locations of Users, authorized by the Customer. Customer thereby authorizes the Company to track the background and foreground locations of Customer users, who are authorized to use OrderSho™ on behalf of Customer.
i. The Customer may export, retain or delete their User locations data, as per the business requirements of the Customer.
2.1. Accessing the OrderSho™ Mobile Application or Website, and/or using the Services in any manner constitute the Customer and User's unconditional agreement to the Terms and Conditions listed in this document, of the Company.
2.2. This Terms and Conditions constitute a binding agreement between the
Company, Customer and the User. The terms hereunder may be updated / altered
from time-to-time at the discretion of the Company. Customer and User
understand that any such alterations of the terms hereunder by the Company
shall not be grounds for non-performance of any of the obligations of the
Customer and User under this Terms and Conditions or under any other document
between the Parties.
2.3. A waiver by the Company of any breach of any provision of this Terms and
Conditions by User/Customer shall not operate as or be construed as a
continuing or subsequent waiver thereof or as a waiver of any breach of any
other provision thereof.
2.4. The Company may make available the Service(s) on mobile platforms,
internet platforms and personal entertainment devices such as tablets,
consoles, smart phones and so on. The Terms and Conditions herein shall be
applicable in the same manner across all such platforms and/or devices.
3.1 OrderSho™ services and features are accessible to Registered Users, who are authorized by the corresponding Customer. When a User attempts to access such Services, the User is requested to register, as per the access details created by the Customer for the specific User.
3.2 A User shall provide the necessary information in the "Registration
Form" ("Sign Up") to become Registered User. Such information
may include without limitation User ID, First Name, email address of the User,
mobile phone number, address and so on ("User Information").
3.3 A User may choose not to Register and rescind from availing such Services
where the User does not wish to share any of the information requested in the
registration form.
3.4 The Company may
display on the Mobile Apps, Website and Services, specific information relating
to certain third-party applications and/or services. Access and use of such third-party
information and applications shall be made by the Customer and User in
compliance with the applicable third-party terms and conditions of use. The
Company shall not be liable in any manner for the nature, functionality and use
of such third-party application and/or information.
3.5 The User shall not copy, modify or use the Services and/or information available on the Mobile Apps or website for purposes other than as contemplated under the Services.
4.1 The Company will not wilfully disclose any of the "User Information" to any third party.
4.2 The User and Customer agrees that the Company may disclose any and all
"User Information" of the User including but not limited to account
history, account use, etc. to any law enforcement agent when the Company is
bound by any law or when such request is made by a Court without further
consent or notification to the User/Customer.
5.1 The Company hereby grants to the User a non-exclusive and non-transferable license to use the Mobile Apps, Website and Service(s) in accordance with the terms described herein below.
5.2 The User or Customer shall not copy, modify, distribute or deal with the
Mobile Apps, Website, Services and/or information and Data provided in a manner
that is inconsistent with the rights of the Company.
5.3 The User or Customer shall not attempt to Reverse Engineer, Decompile or
Descramble or use the Mobile Apps, Website and/or Service(s) in any manner to
study the process, structure or working of the Mobile Apps, Website and/or
Service(s).
5.4 Nothing provided hereunder authorizes the User or Customer to provide any
service(s) to third parties on the basis of the Service(s) of the Company without
the prior written consent of the Company.
6.1 Nothing in this clause shall however be construed to effect a warranty by/on part of the Company about the availability of Mobile Apps, Website or Service(s).
6.2 Company shall hold back/discontinue the Service(s) at its sole discretion
at any time without notice to Users or Customers.
7.1 Irrespective of the physical location of the Services, information and Website, the law governing the same shall be the laws of the Republic of India.
THE USER AND/OR CUSTOMER IS AWARE THAT THE SERVICE(S) OF THE COMPANY IS NOT IMMUNE FROM RISKS ARISING FROM FACTORS INCLUDING BUT NOT LIMITED TO ACCURACY, AVAILABILITY, INDUSTRY AND BUSINESS FLUCTUATIONS, AND OTHER FACTORS. THE USER/CUSTOMER HEREBY EXPRESSLY AGREES THAT USE OF THE SERVICE(S) IS AT THE SOLE RISK OF THE USER/CUSTOMER. THE SERVICE(S) IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY THAT THE SERVICE(S) WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USER/CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR HARM THAT MAY BE CAUSED TO USER/CUSTOMER PERSONAL SELF, ORGANIZATION AND/OR, THE COMPUTER SYSTEMS, MOBILES, SERVERS, OR ANY OTHER HARDWARE/SOFTWARE DEVICES DUE TO THE USE OF COMPANY'S SERVICE(S). NOTHING IN THIS TERMS AND CONDITIONS OR IN ANY OTHER COMMUNICATION, WHETHER WRITTEN OR ORAL, MADE BY THE COMPANY OR ITS REPRESENTATIVES, SHALL CONSTITUTE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
9.1. Company shall hold back/discontinue any of the Service(s)
at its sole discretion at any time without notice to User or Customer.
9.2. The Company shall reserve the right to discontinue the
access to the Mobile Apps, Website and Service(s) at the sole discretion of the
Company, without any notice to the Registered User.
9.3. User/Customer, agrees that Company will not be liable to User/Customer or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Service(s) for any reason.
10.1. Company's Data: The Company may use certain software and related processes, instructions, methods, and techniques that have been previously developed by the Company and certain information collated by the Company (collectively called the "Company's Data") and that same shall remain the sole and exclusive property of the Company.
10.2 The User’s background locations may be acquired on
OrderSho™, based on the role of the User, as determined by the Customer. The
Customer may retain or delete such background locations from the Customer’s
data, as per Customer requirements.
10.3 The data added by Users, on behalf of the Customer, may
be retained, exported or deleted by the Customer, as per Customer requirements.
10.4 Third Party Data: Any and all third-party information, applications, links provided on the Mobile Apps or Website shall be the sole and exclusive property of the respective third parties. User shall be solely and directly liable for violation of any rights with respect to the third-Party Data.
10.5 Company collects Personal and Non-personal information
from Users to allow the usage of Company's Mobile Apps or Website. Each time a
User uses the Mobile Apps or visits the Website, the non-personal information,
such as User's Mobile Identification number, Internet Protocol address, the
address of the last URL User visited prior to accessing Company's Website,
User's browser and platform type, User's browser language and so on may be
collected by Company. Company may also collect Personal information such as
User's name, mobile number, User location, and so on for giving the User access
to the Mobile Apps or Website, as per the access enabled for the User by the
corresponding Customer.
10.6 Mobile Apps and / or Website may contain links to other websites, which do
not fall under the scope of this privacy policy. Company does not hold any responsibility
for the privacy policy of such other websites.
10.7 Company may set and access cookies on
User's computer's hard drive to track the preferences and trends of User's
searches in order to provide Users with more personalized and improved services.
The User may reset the cookies to refuse such access by us. However, in such a
case, User may not be able to access some parts of the services.
10.8. The provisions of this Section shall survive the termination of this Terms and Conditions.
11.1 User represents and warrants to the Company that-
11.1.1 User has full power to agree to this Terms and Conditions, and the
person signing this Terms and Conditions on its behalf has been duly authorized
and empowered to do so;
11.1.2 User has the capability to perform obligations under this Terms and
Conditions and that User is not under any kind of obligation or encumbrance
that prevents the performance of obligations hereunder;
11.1.3 User shall provide true and accurate information at all times;
11.1.4 User shall not violate any third-party rights including but not limited
to any intellectual property rights and privacy rights and shall not in any
manner circumvent or attempt circumvention of any access control measures or
Digital Rights management measures; and
11.1.5 User will not use the Mobile Apps, Website or Service(s) for any illegal
purpose or for any purpose not contemplated hereunder by the parties.
12.1. The User may access the Services provided on the Mobile Apps or Website from the Date of Acceptance of this Terms and Conditions, until such time when the Service(s) and/or access to the Mobile Apps or Website is terminated for the particular User, or all Users, by the Company. The user registrations shall be liable to be discontinued without notice and no data shall be available after the Service(s) is terminated for the Particular User and / or all Users.
12.2. The Company may terminate the Service(s), including Access to Mobile Apps
and / or Website -
i. If the User fails to comply with any of the Terms and Conditions; or
ii. If the User uses the Service(s) for illegal purpose or for purposes other
than those contemplated hereunder; or
iii. Without assigning any reason at any time without any prior written notice
to the User.
12.3. Termination of the access to Mobile Apps, Website or Service(s) with respect to any User by the Company shall not amount to waiver by the company of its right to initiate any legal action against the User for breach of any of the Terms and Conditions.
12.4. Provisions relating to Intellectual Property and Confidentiality shall
survive the expiration or termination of the Agreement.
13.1. Users may request the corresponding Customer to cancel their Registration. The Customer may accordingly disable access to Mobile app and/or website access to User.
13.2. The Company also reserves the right to cancel the Registration of any
User at its own discretion.
14.1. All rights over the Intellectual Property on the Mobile Apps, Website and Service(s) shall exclusively remain with that of the Company. Nothing under this Agreement shall give rise to transfer of any Intellectual Property in the Mobile Apps, Website or Service(s) from the Company to the User or Customer.
14.2. All trademarks including but not limited to the names, titles and logos
of the Company, the Mobile Apps, the Website, the Services and so on and all
domain names shall be the exclusive properties of the Company and the User or
any third party shall not have any rights or interests in the same. The User is
expressly prohibited from making any use of the same.
15.1. The User shall be solely responsible for the contents of its transmissions through the Company's Mobile Apps, Website or Service(s). The User shall not use the Service(s) for transmission of material that is unlawful, or violating of another's privacy, or abusive, or threatening, or harmful, or vulgar, or pornographic, or obscene, or amounts to defamation, libellous, harassment or any content of like nature or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses.
15.2. The User shall be solely liable for use of the Mobile Apps, Website and
Service(s) for transmission of "junk mail", "spam",
"chain letters", "phishing" or unsolicited mass
distribution of email or SMS.
15.3. The Company shall not be liable for
any User's Data that may be in violation of any third-party Intellectual
Property.
16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, DISABILITY OR DEATH, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE(S) OR PRODUCT(S) OR USE OF THE SUCH SERVICE(S) OR PRODUCT(S) IN A MANNER AND FOR A PURPOSE OTHER THAN THOSE FOR WHICH THE LICENSE IS GRANTED, ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACT OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF THE COMPANY.
17.1. The User agrees to indemnify, defend and hold the
Company and its Affiliates (including all officers, directors, employees,
contractors and agents of the foregoing) harmless from and against any and all
damages, liabilities, costs and expenses, including reasonable attorneys' fees
and expenses arising out of, incident to, or resulting directly or indirectly
from:
i. a breach by the User of its warranties, representations, covenants,
agreements and obligations under the agreement; or
ii. User's negligence or wilful misconduct, except to the extent that such
Losses were caused by the negligence of the other Party; or
iii. Use of the Mobile Apps, Website or Service(s) in a manner inconsistent
with this Terms and Conditions.
18.1. Notwithstanding the location of the Company's server or that of the User, the construction of this Terms and Conditions shall be determined in accordance with the Indian Contract Act, 1872 and other laws in force in India and shall be subject to the exclusive jurisdiction of the Courts in Hyderabad, India.
18.2. All disputes arising under or in relation to this Agreement may be
referred to arbitration before a sole arbitrator. If the Parties fail to agree
on the appointment of a sole arbitrator within the time stipulated under the
[Indian] Arbitration and Conciliation Act, 1996 (the "Act") the
Parties shall approach the competent Court under the Act for appointment of the
Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance
with the Act and the Rules framed there under and the place of Arbitration
shall be Hyderabad, India. The arbitration proceedings shall be conducted in
English.
19.1. If any term or provision of this Terms and Conditions is hereafter declared by a final adjudication of any tribunal or court of competent jurisdiction to be illegal, the Parties shall co-operate in all the ways open to them to obtain substantially the same result or as much thereof as may be possible, including taking appropriate steps to amend, modify or alter this Agreement in the light of its objectives. Such adjudication shall not alter the validity or enforceability of any other terms or provisions.
20.1. The Terms and Conditions and all its rights and privileges hereunder shall not be assigned by the User or Customer without the prior written consent of the Company.
20.2. The Terms and Conditions may be modified from time to time by the
Company. The User/Customer agrees that the Company is not under any obligation
to notify the User/Customer about any changes, modifications made in the Terms
and Conditions. It shall be the responsibility of the User/Customer to
regularly review the Terms and Conditions for updates if any.
21.1. All notices hereunder shall be in writing and shall be
duly given by means of electronic mail communication to the below email
address:
charan.d@radeontrax.com
22.1. The performance of any
part of this agreement by the Company shall be excused to the extent that such
performance is hindered, delayed, or made impractical by flood, fire, war, or
riot or any other cause beyond the reasonable control of the Company or act of
any third party beyond the control of the Company including but not limited to
hacking, data theft, unauthorized access to User's account, impersonation,
fraud, misrepresentation and so on.
I have read and understood the Terms and Conditions and I hereby, out of my
free will, unconditionally accept to be bound by the same.