Please review the terms of this Agreement (Agreement) thoroughly before using the software services provided by Samyarg (referred to as company, we, our, or us ).. This Agreement constitutes a legal contract between Samyarg and you, an individual competent to contract under the Indian Contract Act, 1872 (You, User, or Users), for the Samyarg’s software services. By accepting these terms electronically or by any other means, including accessing or using the Samyarg’s software services, you confirm that you have read, understood, and agree to be bound by the terms of this Agreement.
If you are accepting, accessing, or using the Samyarg’s software services on behalf of
another person or company as a representative (Agent), you are agreeing to the terms and conditions of this Agreement on behalf of that person or company and warranting that you
have full authority to do so. If you do not agree to the terms of this Agreement, you may not
use the Samyarg’s software services.
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General
Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter
the “Service Specific Terms”). In the event of a conflict between the General Terms and
Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Agreement
By using the service or product, the user acknowledges that they have read, understood,
and agree to the terms and conditions. This acceptance forms a legally binding contract
between the user and the provider. The user agrees to comply with all terms outlined in the
agreement and confirms their understanding of the rights, obligations, and limitations set
forth. Acceptance is indicated by actions such as clicking I Agree, checking a box, or
continuing to use the service. If the user does not agree to the terms, they must refrain from
using the service or product..
Description of Service
We provide cloud software and applications for businesses, including mobile applications
(Service or Services). Our product offers a comprehensive accounting management platform designed to enhance team collaboration. Key features include a user-friendly
dashboard and sales invoice creation. The platform is accessible online via web browsers.
Support is available 24/7 through email and live chat. Pricing is billed annually. Users are
required to have a stable internet connection and must adhere to our usage policies. We
reserve the right to periodically update the platform and will notify users of any significant
changes
Beta Service
We may offer certain services as closed or open beta services (“Beta Services”) for the
purpose of testing and evaluation. You agree that we have sole authority and discretion to
determine the duration of the beta testing period. We will be the sole judge of the success of
the testing and will decide whether to offer the Beta Services as commercial services.
Participation in a Beta Service does not obligate you to subscribe to any paid service upon
its final release. We reserve the right to fully or partially discontinue any Beta Service,
temporarily or permanently, with or without notice. You agree that the Samyarg will not be liable to you or any third party for any harm related to, arising from, or caused by the modification, suspension, or discontinuation of any Beta Service for any reason.
Free Trial
If you register for a free trial of one or more Services, Samyarg will make the applicable
Services available to you on a trial basis free of charge until the earlier of (i) the end of the
free trial period of the applicable Services (unless terminated earlier by you), (ii) the start
date of the paid subscription period for the applicable Services, or (iii) termination by
Samyarg in its sole discretion. Any data that you enter into the Services, and any
customizations made to the Services during the free trial will be permanently lost unless you
(i) purchase the corresponding paid subscription plan for the account, (ii) purchase
applicable Service upgrades, or (iii) export such data before the end of the trial period. Not
withstanding anything contained in this Section, Services are offered as-is during the free
trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted
by law..
User Sign up Obligations
By signing up for our service, you agree to provide accurate, complete, and current
information. You are responsible for maintaining the confidentiality of your account
credentials and for all activities conducted under your account. You must comply with all
applicable laws and our terms and conditions. If applicable, you agree to provide valid
payment information and adhere to our subscription terms. You must meet any eligibility
requirements and are responsible for keeping your contact information up-to-date. We may
require identity verification and you agree to use the service in accordance with its intended
purpose and any usage policies
Restrictions on Use
Users must not use the service for any illegal activities or purposes that violate laws or
regulations. Attempting to gain unauthorized access to any part of the service, user
accounts, or networks is strictly prohibited. The service must not be used to harass, abuse,
or harm others, nor should users impersonate any person or entity, or falsely state or
misrepresent their affiliation with any individual or organization. Users are prohibited from
infringing upon or violating the intellectual property rights of others, including copyrights,
trademarks, and patents, and must not copy, distribute, or reproduce content from the
service without proper authorization. Collecting or harvesting personal data of others without
consent is not allowed, and users must respect privacy by not collecting or sharing private
information without authorization. The service must not be used for unauthorized commercial
purposes, such as selling or reselling the service or any of its components. Users must
comply with all terms of service, including specific usage policies or guidelines, and are not
permitted to modify, adapt, or create derivative works based on the service without
authorization. Additionally, users must not falsely claim or imply any endorsement or
affiliation with the service provider or its affiliates
Spamming and Illegal Activities
You agree to be fully responsible for all the content you transmit using the Services. You
must not use the Services to engage in or promote any illegal activities. This includes
sending unsolicited bulk emails, known as "spam," or engaging in other forms of "junk mail," & quot;phishing," or mass distribution of unwanted communications. You must avoid sending content that is unlawful, defamatory, offensive, harassing, or that violates others' privacy,
including content that is abusive, threatening, or harmful. Additionally, you should not
transmit material that is obscene, discriminatory, or contains viruses or malicious code. If we
have reasonable grounds to believe you are involved in any illegal or unauthorized activities,
including spamming or similar abuses, we reserve the right to terminate your access to the
Services.
Third Party Applications
You are responsible for any interactions you have with third-party applications through the
Services. This includes ensuring that your use of these applications complies with all
relevant laws and does not infringe upon the rights of others. You should be cautious when
sharing any personal or sensitive information with third-party applications, as their privacy
practices and terms of service may differ from those of the Services. We are not responsible
for any issues that arise from your use of or interactions with third-party applications,
including any potential security or privacy concerns. It is your responsibility to review and
understand the terms and conditions of any third-party applications before using them
Fees and Payments
All payments will be billed and collected in Indian Rupees (INR), and your card or account
will be charged upon providing payment information and subscribing to the software
services. You can pay using a valid debit card, a valid credit card, an Indian bank account for
electronic transfers or charges, or other payment options such as digital wallets accepted by
the company. It is crucial that your registration and payment information remains accurate,
current, and complete, and you must notify us immediately of any changes. Failure to
maintain accurate information may result in the suspension or termination of your account or
services. If you do not update your payment method, such as a credit card expiration date,
we may use programs supported by your card provider to update your payment information,
and you authorize us to continue billing your account with the updated details. The company
will automatically renew your software services subscription at the current rates unless you
terminate or cancel the services in accordance with the Agreement. Additional payment,
renewal, and cancellation terms may be outlined on the Samyarg’s website. Authorized
refunds will be issued in the original form of payment.
If applicable, the company may charge taxes such as GST, VAT, sales tax, or other similar
taxes as required by local, state, provincial, or foreign laws concerning your subscription to
our Services ("Taxes"). The company will invoice you for these Taxes in addition to the
subscription fees. An invoice will be provided in a format compliant with applicable laws to
assist you in claiming any available input tax credits for the Taxes paid
Use of the Software Services on Mobile Devices
The use of our software services may be accessible on compatible mobile devices, which
could require additional software and an internet connection. You acknowledge and agree
that you are solely responsible for meeting these requirements and for adhering to the terms
set by your service providers.
The company makes no assurances, warranties, or representations, whether express or
implied, regarding:
The availability of telecommunication resources and services from any service
provider, or access to the software services from any specific location or at any time.
The security of telecommunication services, including any potential intrusion,
damage, or loss.
The protection of information against disclosure to third parties or the ability to
transmit and convey any information, data, or settings related to the services.
Users Personal Data and Information
Users are encouraged to review the Samyarg’s Privacy Statement available on the
Samyarg’s website. By using the software services, you accept and agree to the terms
outlined in the Privacy Statement and any changes that may be published by the company.
As part of the software services, you agree that the company may use and maintain your
data in accordance with the Privacy Statement. Additionally, you grant the company
permission to aggregate non-personally identifiable data that you enter or upload with data
from other users. This aggregated data may be used by the company to enhance software
services, send communications and promotional messages, design service promotions, and
compare business practices with those of other software service users.
Content
You are legally responsible for all content you create or use through the software services,
which includes, but is not limited to, data, information, text, graphics, software, and other
materials (Content). By using the software services, you grant the company a free,
worldwide, non-exclusive license to host and use this content to provide the services. It is
advisable to regularly back up and archive your content, as you are personally responsible
for any loss or irrecoverable content.
You agree not to use the software services for any illegal, inappropriate, or objectionable
activities, including but not limited to:
Posting or transmitting information that violates any law, whether Indian or foreign.
Uploading content that impersonates others, falsely represents identities, breaches
privacy, or misuses intellectual property without permission.
Distributing unsolicited business communications or engaging in disruptive activities
such as spreading viruses or harmful software.
The software services may include expert and community forums or other social features for
sharing information. Be cautious when sharing data, as posted information may be visible to
the public. The company is not responsible for content linked to third-party sites.
The company may use feedback you provide, including suggestions or requests, to improve
the software services or for marketing purposes. You grant the company a free, worldwide,
non-exclusive license to use this feedback in any manner.
While the Samyarg may monitor content at its discretion, there is no obligation to do so. The
company may disclose information if required by law or to protect its users and services. It
also reserves the right to post, remove, or refuse any content that is deemed inappropriate
or in violation of the agreement.
If you share content on social media platforms such as Facebook®, Twitter®, or LinkedIn®,
it will be subject to the terms and privacy policies of those platforms. You should review
these policies to understand your rights and obligations regarding the content you post
Content
Samyarg does not provide any professional advice under this agreement. Unless explicitly
included in a separate professional services agreement, the company does not offer
professional services or advice. Users are advised to consult a qualified professional when
such advice or services are required.
Samyarg may offer additional services to users, which may be subject to extra fees, terms,
and conditions.
Users agree that the company may send communications via email or by posting on
websites, as permitted by law, regarding any services or third-party products/services.
Users are responsible for managing their passwords securely and should contact the
company in case of issues. The software services may receive periodic updates to enhance
functionality, and users agree to accept and install these updates as they become available.
Refund Policy
Refunds are not the solution to product-related concerns. The Samyarg team is committed to
resolving any issues you may have with our products.Therefore, we do not offer refunds on
Samyarg
Shipment and Delivery
As Samyarg is a software product, shipment and delivery are not applicable
Disclaimer of Warranties
Samyarg provides the software services as-is and as-available without any
warranties. We disclaim all implied warranties, including those of merchantability, fitness for a particular
purpose, and non-infringement. Samyarg’ does not guarantee that the services will be
uninterrupted, error-free, or secure, nor do we warrant the accuracy of content or third-party
services linked to the software. Users are responsible for implementing their own security
measures and verifying content.
Limitation of Liability and Indemnity
Limitation of Liability:
Samyarg is not liable for any indirect, incidental, or consequential damages related to
the software services, including loss of profits or data.
The company’s total liability is capped at the amount you paid for the services in the
past 12 months.
These limitations apply regardless of the legal theory or if the company was advised
of potential damages.
Indemnity:
You agree to indemnify and hold the company harmless from any claims, damages,
or expenses arising from your use of the services, your content, or any breach of this agreement.
You will cooperate with Samyarg in defending any such claims, with the Samyarg
reserving the right to control the defense and settlement.
Changes
Samyarg reserves the right to amend or change the terms of this Agreement at any time.
Such amendments and changes will take effect when posted through the services, on the
Samyarg website, or communicated by any other means. Samyarg may also modify or
discontinue the software services, either in part or entirely. Your continued use of the
software services constitutes acceptance of these amendments and changes
Governing Law
This Agreement shall be governed by and interpreted in accordance with Indian law. Any
disputes arising from or related to this Agreement, whether during its term or afterward, shall
be resolved exclusively through binding arbitration under the Indian Arbitration and
Conciliation Act, 1996. The arbitration will be conducted by an arbitrator selected in
accordance with the Act and agreed upon by the parties. The proceedings will take place in
New Delhi, India, and will be conducted in English. Notices between the parties must be sent
by certified or registered mail, return receipt requested, and are deemed given upon receipt
or twelve (12) days after mailing. Notices to the company should be directed to the Legal
Department
Language
This Agreement is written and published in the English language and the parties hereby
confirm that they have requested that this Agreement and all other related documents to be
drafted in English.
General
This Agreement, including all Terms, constitutes the entire agreement between users and
Samyarg, superseding all prior communications, understandings, and agreements on this
subject. If a court with proper jurisdiction deems any part of this Agreement invalid, that
section will be removed, but the remaining terms will remain valid and enforceable. The
United Nations Convention on Contracts for the International Sale of Goods does not apply.
Users may not assign or transfer their rights under this Agreement without the company
written consent. However, the company may assign or transfer the Agreement without users
consent to (a) any affiliate, (b) a company acquiring assets through a sale, or (c) a successor
by merger or other means. Any assignment made in violation of this provision will be void.
Grievance Officer
Name - Vikas
Email - vikas@midigitrans.com
Address - 60, 3rd Floor, 32nd Cross Rd, 4th T Block East, 4th Block, Jayanagar, Bengaluru,
Karnataka 560011
Nodal Officer
Name - Vikas
Email - vikas@midigitrans.com
Address - 60, 3rd Floor, 32nd Cross Rd, 4th T Block East, 4th Block, Jayanagar, Bengaluru,
Karnataka 560011
In order to enable us to efficiently address your grievance/complaint, please include the
below information while writing to us:
Name of the product, Expiry Date, Amount paid & sales Agent name
Description and nature of complaint.
Date and Time (if any)
Your name and contact details.
Please note that if any of the essential facts are missing, Samyarg will be unable to
investigate the complaint/grievance.
Samyarg makes no warranty or promise that any objectionable content will be removed or
corrected to your satisfaction. All content complaints will be resolved in accordance with the
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,
2021.