Terms & Condition
Introduction: These terms and conditions apply to the User who uses the Online Services provided for any payment made to Vowel Digitech Software Pvt. Ltd.. Kindly read these terms and conditions carefully. By authorizing a payment to Vowel Digitech Software Pvt. Ltd. through the online payment service (“the service”), it would be treated as a deemed acceptance to these terms and conditions. Vowel Digitech Software Pvt. Ltd. reserves all the rights to amend these terms and conditions at any time without giving prior notice. It is the responsibility of the User to have read the terms and conditions before using the Service.
Acceptance
The Applicant agrees, understands and confirms that Clienserv is a Brand name of Software that is developed and marketed by Vowel Digitech Software Private Limited. Everywhere it is either termed as Clienserv or Vowel Digitech software private limited it is considered and refer to be one enterprise and reserves all the rights to Vowel Digitech software Pvt Ltd only.
Website User Conduct And Restrictions - License Terms
All aspects of our Website are protected by India and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Clienserv trademark and logo are proprietary marks of Vowel Digitech Software Pvt Ltd, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Clienserv. Subject to your continued strict compliance with these Terms, Clienserv provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
Key Terms - The following is a summary of the key terms of this service:
- Payment(s) through this Service may only be made with a Credit Card, Debit card, Wallet or Net Banking.
- Before using this Service, it is recommended that the user shall make necessary enquiry about the charges or fees payable against the Credit/Debit card used from Credit Card or the Debit Card service provider i.e. the respective Bank.
- The credit card information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to Vowel Digitech Software Pvt. Ltd. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the service
- The Applicant agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Vowel Digitech Software Pvt. Ltd. or the Payment Service Provider(s) have no control over such matters.
- The service is provided using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor the Vowel Digitech Software Pvt. Ltd. gives any assurance, that the information so provided online by a user is secured or may be read or intercepted by a third party. Vowel Digitech Software Pvt. Ltd. does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.
- Vowel Digitech Software Pvt. Ltd. and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Vowel Digitech Software Pvt. Ltd. and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service.
- The Applicant agrees that Vowel Digitech Software Pvt. Ltd. or any of its employees will not be held liable By the Applicant for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Vowel Digitech Software Pvt. Ltd.’s reasonable control.
Debit/Credit Card, Bank Account Details:
- The Applicant agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the Applicant shall not use a Debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The Applicant further agrees and undertakes to Provide correct and valid debit/credit card details.
- The Applicant may pay his/ her Payment/Charge to Vowel Digitech Software Pvt. Ltd. by using a debit/credit card or through online banking account. The Applicant warrants, agrees and confirms that when he/ she a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
- The Applicant is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
- The Applicant is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- The Applicant is responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the Payment of the dues payable or Charges dues selected by the Applicant inclusive of the Payment.
Refund/Cancellation Policy
Payment Or Charges once paid will not be refunded under any circumstances.
No warranty
No warranty, representation or guarantee, express or implied, is given by the Vowel Digitech Software Pvt. Ltd. in respect of the operation of the service.
Disclaimer and Limitation of liability
Vowel Digitech Software Pvt. Ltd. does not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by the User from the use of this service.
Governing law
These terms and conditions are governed by the laws of India and the competent courts at Ahmedabad shall have exclusive jurisdiction.
Additional Remedies
In order to prevent or limit irreparable injury to Clienserv, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Clienserv or a third-party, Clienserv shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Clienserv from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business.
Dispute Resolution
Any dispute arising in relation to the terms and conditions will be submitted to a sole arbitrator appointed by Vowel Digitech Software Pvt. Ltd. under the provisions of the Arbitration and Conciliation Act, 1996 and rules framed there under. The venue of Arbitration shall be at Ahmedabad.
Termination
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “START MY TRIAL” “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Clienserv or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Upon termination, you remain responsible for any outstanding payments due to Vowel Digitech Software Pvt. Ltd.
Force Majeure
Vowel Digitech Software Pvt. Ltd will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
Changes to the Agreement
We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement or Data Processing Addendum by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
Severability
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
Website Use
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
We recognize in certain instances; the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.
Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
As a Clienserv user, you will be required to create an account with Clienserv. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Clienserv user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a Clienserv user, such as technical information, our pricing, our business strategy, and data about other past or current Clienserv users or their customers.
You are fully responsible for all transactions with, and information conveyed to, Clienserv under your user account. You agree to immediately notify Clienserv of any unauthorized use of your password or username or any other breach of security related to your user account. You agree that Clienserv is not liable, and you will defend and hold Clienserv harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Clienserv, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
Testimonials, Reviews, And Pictures/Videos
Clienserv is pleased to hear from users and customers and welcomes your comments regarding our services and products. Clienserv may use testimonials and/or product reviews in whole or in part together with the name and location of the person submitting it. Testimonials may be used for any form of activity relating to Clienserv’s services or products, in printed and online media, as Clienserv determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. Your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond Clienserv’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Clienserv a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, Clienserv reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Clienserv shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
Products, Services, And Prices Available On The Website
Products, services, and prices are generally posted on the Website, but are subject to change. Vowel Digitech Software Pvt Ltd. may also offer additional products and services through other sites to which it owns or controls; such sites are also governed by the terms herein. Vowel Digitech Software Pvt Ltd. reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following notice to you. By accessing, using, subscribing or placing an order over the Website, you authorize Vowel Digitech Software Pvt Ltd. to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Vowel Digitech Software Pvt Ltd. services, and unless you terminate your subscription as provided herein, you agree that Vowel Digitech Software Pvt Ltd. may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after notice has been provided to you.