TERMS OF USE
By downloading, browsing, accessing or using this
Autolligent eBill (mobile application (“Mobile Application”), you agree
to be bound by these Terms and Conditions of Use. We reserve the right to amend
these terms and conditions at any time. If you disagree with any of these Terms
and Conditions of Use, you must immediately discontinue your access to the
Mobile Application and your use of the services offered on the Mobile
Application. Continued use of the Mobile Application will constitute acceptance
of these Terms and Conditions of Use, as may be amended from time to time.
If you are a resident of European Union then please do
not install the App.
The application is not an alternative to Original
bills or an alternative to save tax paid to the govt. eBill intends to save
printing of paper and sharing digital invoices from mobile.
eBill does not stores customer data on Autolligent server except for the
customer login credentials.
2. DEFINITIONS
In these Terms and Conditions of Use, the following
capitalised terms shall have the following meanings, except where the context otherwise
requires:
"Account" means an account created
by a User on the Mobile Application as part of Registration.
"Merchant" refers to any entity whose
products or Samples can be purchased and/or redeemed (as the case may be) via
the Mobile Application.
"Privacy Policy" means the privacy
policy set out in Clause 14 of these Terms and Conditions of Use.
"Redeem" means to redeem a
Merchant’s products or Samples on these Terms and Conditions of Use and
"Redemption" means the act of redeeming
such products or Samples.
"Register" means to create an Account
on the Mobile Application and "Registration" means the act of creating
such an Account.
"Samples" means samples of Merchant’s
products and/or Merchant’s services, including without limitation, any vouchers
for the redemption of such services, and "Sample" means any one of
them.
"Services" means all the services provided
by Autolligent Technologies Pvt Ltd via the Mobile Application to Users, and "Service"
means any one of them,
"Users" means users of the Mobile Application,
including you and "User" means any one of them.
3. GENERAL ISSUES ABOUT THE
MOBILE APPLICATION AND THE SERVICES
3.1 Applicability of terms and conditions:
The use of any Services and/or the Mobile Application and the making of any Redemptions
are subject to these Terms and Conditions of Use.
3.2 Location: The Mobile Application, the
Services and any Redemptions are intended solely for use by Users who access
the Mobile Application in India. We make no representation that the Services
(or any goods or services) are available or otherwise suitable for use outside
of India. Notwithstanding the above, if you access the Mobile Application, use
the Services or make any Redemptions from locations outside India, you do so on
your own initiative and are responsible for the consequences and for compliance
with all applicable laws.
3.3 Scope: The Mobile Application, the Services
and any Redemptions are for your non-commercial, personal use only and must not
be used for business purposes.
3.4 Prevention on use: We reserve the right
to prevent you using the Mobile Application and the Service (or any part of
them) and to prevent you from making any Redemptions.
3.5 Equipment and Networks: The provision
of the Services and the Mobile Application does not include the provision of a
mobile telephone or handheld device or other necessary equipment to access the
Mobile Application or the Services or make any Redemptions. To use the Mobile
Application or Services or to make Redemptions, you will require Internet
connectivity and appropriate telecommunication links. You acknowledge that the
terms of agreement with your respective mobile network provider ("Mobile
Provider") will continue to apply when using the Mobile Application.
As a result, you may be charged by the Mobile Provider for access to network
connection services for the duration of the connection while accessing the
Mobile Application or any such third party charges as may arise. You accept
responsibility for any such charges that arise.
3.6 Permission to use Mobile Application:
If you are not the bill payer for the mobile telephone or handheld device being
used to access the Mobile Application, you will be assumed to have received permission
from the bill payer for using the Mobile Application.
3.7 License to Use Material: By submitting
any text or images (including photographs) (“Material”) via the
Application, you represent that you are the owner of the Material, or have proper
authorization from the owner of the Material to use, reproduce and distribute
it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use
the Material to promote any products or services.
4. REDEMPTIONS
4.1 Need for registration: You must register
to make a Redemption from the Mobile Application.
4.2 Application of these Terms and Conditions
of Use: By making any Redemption, you acknowledge that the Redemption is
subject to these Terms and Conditions of Use.
4.3 Redemption: Any attempted Redemption
not consistent with these Terms and Conditions of Use may be disallowed or
rendered void at our or the relevant Merchant’s discretion.
4.4 Responsibility for Redemptions of perishable
products of Samples: Each Merchant shall be responsible to ensure that any
of its products or Samples for Redemption that are perishable has not expired.
4.5 Restrictions: (a) Reproduction, sale,
resale or trading of any products or Samples or Redeemed products is prohibited.
(b) If any product or Sample is redeemed for less than its face value, there is
no entitlement to a credit, cash or Sample equal to the difference between the
face value and the amount Redeemed. (c) Redemption of products or Samples is
subject to availability of the relevant Merchants’ stocks.
4.6 Autolligent Not Liable: For the avoidance
of doubt, Autolligent Technologies Pvt Ltd shall not be liable for any losses
or damages suffered by you resulting from a failure by the relevant Merchant to
fulfil any Redemptions in accordance with Clause 4.4 or for a failure by us to
deliver any products or Samples to you due to the unavailability of such
products or Samples pursuant to Clause 4.5(c).
4.7 Lost/stolen Samples: Neither we nor
any Merchant shall be responsible for lost or stolen Samples or products that have
been redeemed.
4.8 Bill Authenticity: Autolligent does
not take the responsibility of the data shared in the bill. Customers accepting
the bill should validate the details provided in the bill. Autolligent does not
save bills on server.
4.9 No alternative for Tax saving: eBill
is not an alternative to save Tax. Company needs to update the tax numbers (like
PAN, PIN, GSTIN etc) while using the app. The app only helps the companies to
save paper
By
sharing digital bills.
5. LOCATION ALERTS AND NOTIFICATIONS
5.1 You agree to receive pre-programmed notifications
(“Location Alerts”) on the Mobile Application from Merchants if you have turned
on locational services on your mobile telephone or other handheld devices (as
the case may be).
6. YOUR OBLIGATIONS
6.1 Merchant terms: You agree to (and shall)
abide by the terms and conditions of the relevant Merchant for which your
Redemption relates to, as may be amended from time to time.
6.2 Accurate information: You warrant that
all information provided on Registration and contained as part of your Account
is true, complete and accurate and that you will promptly inform us of any
changes to such information by updating the information in your Account.
6.3 Content on the Mobile Application and Service:
It is your responsibility to ensure that any products, Samples or information
available through the Mobile Application or the Services meet your specific
requirements before making any Redemption.
6.4 Prohibitions in relation to usage of Services
or Mobile Application: Without limitation, you undertake not to use or
permit anyone else to use the Services or Mobile Application:-
6.4.1 to send or receive any material which is not
civil or tasteful
6.4.2 to send or receive any material which is threatening,
grossly offensive, of an indecent, obscene or menacing character, blasphemous
or defamatory of any person, in contempt of court or in breach of confidence,
copyright, rights of personality, publicity or privacy or any other third party
rights;
6.4.3 to send or receive any material for which you
have not obtained all necessary licences and/or approvals (from us or third parties);
or which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of
or infringe the rights of any third party in any country in the world;
6.4.4 to send or receive any material which is technically
harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful data);
6.4.5 to cause annoyance, inconvenience or needless
anxiety;
6.4.6 to intercept or attempt to intercept any communications
transmitted by way of a telecommunications system;
6.4.7 for a purpose other than which we have designed
them or intended them to be used;
6.4.8 for any fraudulent purpose;
6.4.9 other than in conformance with accepted Internet
practices and practices of any connected networks;
6.4.10 in any way which is calculated to incite hatred
against any ethnic, religious or any other minority or is otherwise calculated
to adversely affect any individual, group or entity; or
6.4.11 in such a way as to, or commit any act that would
or does, impose an unreasonable or disproportionately large load on our infrastructure.
6.5 Prohibitions in relation to usage of Services,
Mobile Application: Without limitation, you further undertake not to or
permit anyone else to:-
6.5.1 resell any products or Samples ;
6.5.2 furnish false data including false names, addresses
and contact details and fraudulently use credit/debit card numbers;
6.5.3 attempt to circumvent our security or network
including to access data not intended for you, log into a server or account you
are not expressly authorised to access, or probe the security of other networks
(such as running a port scan);
6.5.4 execute any form of network monitoring which will
intercept data not intended for you;
6.5.5 enter into fraudulent interactions or transactions
with us or a Merchant (including interacting or transacting purportedly on
behalf of a third party where you have no authority to bind that third party or
you are pretending to be a third party);
6.5.6 extract data from or hack into the Mobile Application;
6.5.7 use the Services or Mobile Application in breach
of these Terms and Conditions of Use;
6.5.8 engage in any unlawful activity in connection
with the use of the Mobile Application or the Services; or
6.5.9 engage in any conduct which, in our exclusive
reasonable opinion, restricts or inhibits any other customer from properly using
or enjoying the Mobile Application or Services.
7. RULES ABOUT USE OF THE SERVICE
AND THE MOBILE APPLICATION
7.1 We will use reasonable endeavours to correct any
errors or omissions as soon as practicable after being notified of them. However,
we do not guarantee that the Services or the Mobile Application will be free of
faults, and we do not accept liability for any such faults, errors or
omissions. In the event of any such error, fault or omission, you should report
it by contacting us at autolligentdev@gmail.com
7.2 We do not warrant that your use of the Services
or the Mobile Application will be uninterrupted and we do not warrant that any information
(or messages) transmitted via the Services or the Mobile Application will be
transmitted accurately, reliably, in a timely manner or at all. Notwithstanding
that we will try to allow uninterrupted access to the Services and the Mobile
Application, access to the Services and the Mobile Application may be
suspended, restricted or terminated at any time.
7.3 We do not give any warranty that the Services and
the Mobile Application are free from viruses or anything else which may have a
harmful effect on any technology.
7.4 We reserve the right to change, modify, substitute,
suspend or remove without notice any information or Services on the Mobile
Application from time to time. Your access to the Mobile Application and/or the
Services may also be occasionally restricted to allow for repairs, maintenance
or the introduction of new facilities or services. We will attempt to restore
such access as soon as we reasonably can. For the avoidance of doubt, we
reserve the right to withdraw any information or Services from the Mobile
Application at any time.
7.5 We reserve the right to block access to and/or to
edit or remove any material which in our reasonable opinion may give rise to a
breach of these Terms and Conditions of Use.
8.1 If you use (or anyone other than you, with your permission uses) the
Mobile Application, any Services in contravention of these Terms and Conditions
of Use, we may suspend your use of the Services and/or Mobile Application.
8.2 If we suspend the Services or Mobile Application, we may refuse to restore
the Services or Mobile Application for your use until we receive an assurance
from you, in a form we deem acceptable, that there will be no further breach of
the provisions of these Terms and Conditions of Use.
8.3 Autolligent Technologies Pvt Ltd shall fully co-operate with any law
enforcement authorities or court order requesting or directing Autolligent Technologies
Pvt Ltd to disclose the identity or locate anyone in breach of these Terms and
Conditions of Use.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled
immediately or at any time (in whole or in part) to: (a) suspend the Services
and/or Mobile Application; (b) suspend your use of the Services and/or Mobile
Application; and/or (c) suspend the use of the Services and/or Mobile Application
for persons we believe to be connected (in whatever manner) to you, if:
8.4.1 you commit any breach of these Terms and Conditions of Use;
8.4.2 we suspect, on reasonable grounds, that you have, might or will commit
a breach of these Terms and Conditions of Use; or
8.4.3 we suspect, on reasonable grounds, that you may have committed or be
committing any fraud against us or any person.
8.5 Our rights under this Clause 8 shall not prejudice any other right or
remedy we may have in respect of any breach or any rights, obligations or liabilities
accrued prior to termination.
9.1 The Mobile Application, the Services, the information on the Mobile Application
and use of all related facilities are provided on an "as is, as
available" basis without any warranties whether express or implied.
9.2 To the fullest extent permitted by applicable law, we disclaim all representations
and warranties relating to the Mobile Application and its contents, including
in relation to any inaccuracies or omissions in the Mobile Application,
warranties of merchantability, quality, and fitness for a particular purpose,
accuracy, availability, non-infringement or implied warranties from course of
dealing or usage of trade.
9.3 We do not warrant that the Mobile Application will always be accessible,
uninterrupted, timely, secure, error free or free from computer virus or other
invasive or damaging code or that the Mobile Application will not be affected
by any acts of God or other force majeure events, including inability to obtain
or shortage of necessary materials, equipment facilities, power or
telecommunications, lack of telecommunications equipment or facilities and
failure of information technology or telecommunications equipment or facilities.
9.4 While we may use reasonable efforts to include accurate and up-to-date
information on the Mobile Application, we make no warranties or representations
as to its accuracy, timeliness or completeness.
9.5 We shall not be liable for any acts or omissions of any third parties
howsoever caused, and for any direct, indirect, incidental, special, consequential
or punitive damages, howsoever caused, resulting from or in connection with the
mobile application and the services offered in the mobile application, your
access to, use of or inability to use the mobile application or the services offered
in the mobile application, reliance on or downloading from the mobile
application and/or services, or any delays, inaccuracies in the information or
in its transmission including but not limited to damages for loss of business
or profits, use, data or other intangible, even if we have been advised of the
possibility of such damages.
9.6 We shall not be liable in contract, tort (including negligence or breach
of statutory duty) or otherwise howsoever and whatever the cause thereof, for
any indirect, consequential, collateral, special or incidental loss or damage
suffered or incurred by you in connection with the Mobile Application and these
Terms and Conditions of Use. For the purposes of these Terms and Conditions of
Use, indirect or consequential loss or damage includes, without limitation,
loss of revenue, profits, anticipated savings or business, loss of data or
goodwill, loss of use or value of any equipment including software, claims of
third parties, and all associated and incidental costs and expenses.
9.7 The above exclusions and limitations apply only to the extent permitted
by law. None of your statutory rights as a consumer that cannot be excluded or
limited are affected.
9.8 Notwithstanding our efforts to ensure that our system is secure, you
acknowledge that all electronic data transfers are potentially susceptible to interception
by others. We cannot, and do not, warrant that data transfers pursuant to the
Mobile Application, or electronic mail transmitted to and from us, will not be
monitored or read by others
You agree to indemnify and keep us indemnified against any claim, action,
suit or proceeding brought or threatened to be brought against us which is
caused by or arising out of (a) your use of the Services, (b) any other party’s
use of the Services using your user ID, verification PIN and/or any identifier
number allocated by Autolligent Technologies Pvt Ltd, and/or (c) your breach of
any of these Terms and Conditions of Use, and to pay us damages, costs and
interest in connection with such claim, action, suit or proceeding.
11.1 All editorial content, information, photographs, illustrations, artwork
and other graphic materials, and names, logos and trade marks on the Mobile
Application are protected by copyright laws and/or other laws and/or international
treaties, and belong to us and/or our suppliers, as the case may be. These
works, logos, graphics, sounds or images may not be copied, reproduced,
retransmitted, distributed, disseminated, sold, published, broadcasted or
circulated whether in whole or in part, unless expressly permitted by us and/or
our suppliers, as the case may be.
11.2 Nothing contained on the Mobile Application should be construed as granting
by implication, estoppel, or otherwise, any license or right to use any trademark
displayed on the Mobile Application without our written permission. Misuse of
any trademarks or any other content displayed on the Mobile Application is prohibited.
11.3 We will not hesitate to take legal action against any unauthorised usage
of our trade marks, name or symbols to preserve and protect its rights in the
matter. All rights not expressly granted herein are reserved. Other product and
company names mentioned herein may also be the trademarks of their respective
owners.
12.1 We may periodically make changes to the contents of the Mobile Application,
including to the descriptions and prices of goods and services advertised, at
any time and without notice. We assume no liability or responsibility for any
errors or omissions in the content of the Mobile Application.
12.2 We reserve the right to amend these Terms and Conditions of Use from
time to time without notice. The revised Terms and Conditions of Use will be
posted on the Mobile Application and shall take effect from the date of such posting.
You are advised to review these terms and conditions periodically as they are
binding upon you.
13.1 The Mobile Application can be accessed from all countries around the
world where the local technology permits. As each of these places have differing
laws, by accessing the Mobile Application both you and we agree that the laws
of the India, without regard to the conflicts of laws principles thereof, will
apply to all matters relating to the use of the Mobile Application.
13.2 You accept and agree that both you and we shall submit to the exclusive
jurisdiction of the courts of the India in respect of any dispute arising out
of and/or in connection with these Terms and Conditions of Use.
14.1 Access to the Mobile Application and use of the Services offered on
the Mobile Application by Autolligent Technologies Pvt Ltd and/or its group of companies
is subject to this Privacy Policy. By accessing the Mobile Application and by
continuing to use the Services offered, you are deemed to have accepted this
Privacy Policy, and in particular, you are deemed to have consented to our use
and disclosure of your personal information in the manner prescribed in this
Privacy Policy and for the purposes set out in Clauses 3.7 and/or 4.1. We
reserve the right to amend this Privacy Policy from time to time. If you
disagree with any part of this Privacy Policy, you must immediately discontinue
your access to the Mobile Application and your use of the Services.
14.2 As part of the normal operation of our Services, we collect, use and,
in some cases, disclose information about you to third parties. Accordingly, we
have developed this Privacy Policy in order for you to understand how we
collect, use, communicate and disclose and make use of your personal
information when you use the Services on the Mobile Application:-
(a) Before or at the time of collecting personal information, we will identify
the purposes for which information is being collected.
(b) We will collect and use of personal information solely with the objective
of fulfilling those purposes specified by us and for other compatible purposes,
unless we obtain the consent of the individual concerned or as required by law.
(c) We will only retain personal information as long as necessary for the
fulfillment of those purposes.
(d) We will collect personal information by lawful and fair means and, where
appropriate, with the knowledge or consent of the individual concerned.
(e) Personal information should be relevant to the purposes for which it
is to be used, and, to the extent necessary for those purposes, should be accurate,
complete, and up-to-date.
(f) We will protect personal information by reasonable security safeguards
against loss or theft, as well as unauthorized access, disclosure, copying, use
or modification.
We are committed to conducting our business in accordance with these principles
in order to ensure that the confidentiality of personal information is
protected and maintained.
These Terms are governed by the laws of India. Any
matters arising under these terms shall be subject to the exclusive
jurisdiction of courts located in Bangalore.
Grievance Officer
In case of any grievance arising from the use of
the Platforms, please contact the Grievance Officer, the details of which are
set forth below-
Grievance
Officer: Name: Customer Service
Contact: autolligentdev@gmail.com
For the purpose of these Terms of Use, wherever the
context so
requires "You" or "User" shall mean any
natural or legal person or any entity who has agreed to become a registered
User on the Platform by providing registration data while registering on
the Platform.
eBILL (Digital Bills) is
provided by AUTOLLIGENT TECHNOLOGIES PVT LTD "as is" and "with
all faults." AUTOLLIGENT makes no representations or warranties of any
kind concerning the safety, suitability, lack of viruses, inaccuracies,
typographical errors, or other harmful components of eBILL.
There are inherent dangers in the use of any software, and you are solely
responsible for determining whether eBILL is
compatible with your equipment and other software installed on your equipment.
You are also solely responsible for the protection of your equipment and backup
of your data, and AUTOLLIGENT will not be liable for any damages you may suffer
in connection with using, modifying, or distributing eBILL.