OrderSho™ is copyright and Trademark of RadeonTrax Software Solutions LLP (hereinafter referred to as "Company").
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) 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)'Enterprise Customer' shall mean an Enterprise utilizing the services of the Company, using OrderSho™ Mobile Application and/or Website, as per the Terms and Conditions listed in this document.
d) d) 'Registered User' shall mean the User with a valid User ID, created by an Enterprise Customer of Company, as per the Terms and Conditions listed in this document.
e) ‘Payment Gateway’ shall mean Third party Payment Gateway provider(s)
f) The Company may provide Payment Services to Registered Users and Enterprise Customers, through the Mobile App and/or Website, by using one or more Payment Gateway(s) provided by Third party Payment Gateway provider(s).
g) 'Party' shall mean either the Company or Registered User or Enterprise Customer, unless repugnant to the context thereof and 'Parties' shall mean Company, Enterprise Customer and Registered User.
h) 'Service(s)' shall mean the services provided by the Company through the Website and/or Mobile App.
i) '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.
j) 'User Information' shall mean details such as first name, email ID, city, state, country, mobile number etc. submitted by the Enterprise Customer for a Registered User.
2.1. Accessing the OrderSho™ Mobile Application or Website, and/or using the Services in any manner constitute Enterprise Customer and Registered User's unconditional agreement to this Terms and Conditions of the Company.
2.2. This Terms and Conditions constitute a binding agreement between the Company and the Enterprise Customer and Registered User. The terms hereunder may be updated / altered from time-to-time at the discretion of the Company. The Enterprise Customer and Registered User understands 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 Enterprise Customer and Registered 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 Enterprise Customer and/or Registered User 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.
The Enterprise Customer is responsible for creation/deletion/activation/deactivation of Registered Users belonging to the particular Enterprise Customer.
The Company is not responsible to the access provided or denied by the Enterprise Customer to one or more Registered Users.
The Company may display on the Mobile Apps, Website and Services, specific information relating to certain Third party applications and/or services, including but not limited Third party Payment Gateway services. Access and use of such Third party information and applications shall be made by the Registered User and/or Enterprise Customer 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.
The Enterprise Customer and/or 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.
The Enterprise Customer can choose to provide Payment Services to Registered Users using the Company Payment Gateway. In this case the Company will route the Payments to designated Bank Account of Enterprise Customer, using the features provided by the Third party Payment Gateway Service provider.
Refunds and Cancellation Refunds and Cancellation are not in scope of this service.
The Enterprise Customer can choose to provide Payment Services to Registered Users using payment Gateway registered on the name of the Enterprise Customer using one of the Third Party Payment Gateway service provider(s), listed by the Company.
In this case the Company will coordinate with Third party Payment Gateway Service provider(s) to help the Enterprise Customer to submit the required KYC documentation to Third party Payment Gateway Service provider(s).
The Enterprise Customer is responsible for providing correct and accurate KYC documentation to Third party Payment Gateway Service provider(s) based on which the Third party Payment Gateway Service provider(s) may choose to either accept or reject the Payment Gateway services to Enterprise Customer.
Refunds and Cancellation Refunds and Cancellation are not in scope of this service.
4.1 The Company will not wilfully disclose any of the "Registered User Information" to any third party. The company may disclose and display the User ID" of the Registered User to other Users on the Mobile Apps or Website, for specific purposes.
4.2 The Registered User agrees that the Company may disclose any and all "Registered 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.
5.1 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) or Third party Payment Gateway Services.
5.2 Company shall hold back/discontinue the Service(s) at its sole discretion at any time without notice to its User.
6.1 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 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 HEREBY EXPRESSLY AGREES THAT USE OF THE SERVICE(S) IS AT THE SOLE RISK OF THE USER. THE SERVICE(S), INCLUDING THIRD PARTY PAYMENT GATEWAY SERVICES, 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. ENTERPRISE CUSTOMER AND/OR REGISTERED USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR HARM THAT MAY BE CAUSED TO REGISTERED USER'S 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.
8.1 The Enterprise Customer shall be responsible for the correctness and accuracy of "User Data" and "User Information" provided by the Enterprise Customer on the Mobile Apps or Website.
9.1. Enterprise Customer and Registered User agree that Company will not be liable to Self 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 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. Enterprise Customer Data: The Data submitted directly by the Enterprise Customer and the Registered Users (belonging to the particular Enterprise Customer) will remain under the ownership of the Enterprise Customer. The Company may delete and/or archive specific data as per specific policies created and communicated to each Enterprise Customer, as part of individual Service Agreement between the Company and the Enterprise Customer.
10.3. The provisions of this Section shall survive the termination of this Terms and Conditions.
11.1. The Enterprise Customer and Registered User represents and warrants to the Company that-
11.1.1. They have 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. They have 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;
.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
11.2. 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 Enterprise Customer or 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 Registered User and / or all Registered Users.
12.2. The Company may terminate the Service(s), including Access to Mobile Apps and / or Website -
i. If the Registered User fails to comply with any of the Terms and Conditions; or
ii. If the Registered 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 Registered 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. Requests for cancellation of Registration may be made in writing and sent to Enterprise Customer. The Enterprise Customer may, upon receipt of such request cancel the registration of the User, using the features provided on the Website.
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 Enterprise Customer and/or Registered User.
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 Enterprise Customer and/or Registered User or any third party shall not have any rights or interests in the same.
15.1. The Enterprise Customer and/or Registered User shall be solely responsible for the contents of its transmissions through the Company's Mobile Apps, Website or Service(s). The Registered 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, libelous, harassment or any content of like nature or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses.
15.2. The Registered 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 Enterprise Customer or Registered User 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 Enterprise Customer and Registered User agree 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 Enterprise Customer or Registered User of its warranties, representations, covenants, agreements and obligations under the agreement; or
ii. Negligence or willful misconduct of Enterprise Customer or Registered User, 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. The Company will not store any information related to Registered User’s Credit or Debit Card numbers, Bank Account Numbers or similar data.
19.2. The Enterprise Customer and Registered User are further bound by Privacy policy and Terms defined by third Party Payment Gateway providers, used by the Company to provide Payment Gateway Services to the Enterprise Customer and Registered User.
19.3. 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.
20.1. 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.
21.1. The Terms and Conditions and all its rights and privileges hereunder shall not be assigned by the Enterprise Customer and/or Registered User without the prior written consent of the Company.
21.2. The Terms and Conditions may be modified from time to time by the Company. The Enterprise Customer and/or Registered User agrees that the Company is not under any obligation to notify the User about any changes, modifications made in the Terms and Conditions. It shall be the responsibility of the Enterprise Customer and/or Registered User to regularly review the Terms and Conditions for updates if any.
22.1. All notices hereunder shall be in writing and shall be duly given by means of electronic mail communication to the below email address: contact@radeontrax.com
23.1. 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.