Terms and Conditions

Your website may use the Terms and Conditions given below.

The terms "We" / "Us" / "Our"/” Company” individually and collectively refer to Softberry Technology Private Limited and the terms "Visitor”” User” refer to the users.

This page states the Terms and Conditions under which you (Visitor) may visit this website (“Softberry.in”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organization’s or entity’s written permission.

ACCEPTABLE WEBSITE USE
(A) Security Rules

Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General Rules

Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Softberry.in or their breach of the terms .

LIABILITY

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

OWNERSHIP & LIMITED LICENSE

For so long as you are our customer and paying the Service Fees required by these Terms, Softberry grants to you a non-exclusive right to use the Site and our Services, subject to the restrictions set forth in these Terms and any other restrictions communicated by us in writing. Nothing in these Terms shall prohibit Softberry from furnishing our Services to others, including your competitors.

Subject to the limited rights expressly granted hereunder, we reserve all rights, title, and interest in and to the Site and our Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written consent. The look and feel of the Site and our Services is copyright © 2016-2019 Softberry Technology Private Limited. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without our express written consent.

RESTRICTIONS ON USE

You may use the Site only for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any other commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) co-brand the Site or frame the Site without our express prior written permission.

USER REGISTRATION

To obtain full access to the Site and our Services, you will be required to complete a registration. You will be asked to (a) provide certain registration details or other information; (b) to establish an account specific to you ("Account") by choosing the Service Plan to be provided by us under the terms and pricing set forth at getSoftberry.com/pricing; and (c) to pay a registration fee. By signing up for your Account, you agree to pay the fees designated for the Service Plan you selected ("Service Fees").

To create your Account, to login to the Site, and/or to participate in any Services offered by the Site, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of these Terms and may result in the termination of your Account and authorization to use the Site and the Services. Specifically, you agree that:

  • You are either (a) the age of legal consent or (b) you are a minor over the age of thirteen (13) years old and have obtained your parent's (or your legal guardian's) permission, for accessing the Site under the laws of any jurisdictions that apply to you. We expressly reserve the right (but do not have the obligation) to request proof of your age, at any time;
  • You acknowledge that, in establishing your Account and using our Services, you have provided us with certain personally identifiable information about you or your customers. Please see our Privacy Policy for the subject matter of the information collected and the duration of retention of said information;
  • All information that you provide in your registration form with us for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information;
  • All information that you provide to us about your customers has been provided with the consent of your customers. You will use the information fields only to transmit information required to perform the Services requested and will not provide any additional personally identifiable information about you or your customers to us. It is a breach of these Terms for you to provide personally identifiable information to us which is not required to perform the Services requested;
  • Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, login, or user ID to access or use the Site, to arrange, enter, and/or participate in Services, or for any other purposes. We take no responsibility for any third-party access to your Account. You shall notify us promptly of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under your Account, user ID, or password and all such use shall be deemed to be authorized by you;
  • You have verified and determined that your use of the Site and the Services does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;
  • You will not use the Site or the Services for fraudulent or otherwise illegal purposes;
  • You understand that we may detect your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site or Services is illegal or restricted;
  • You will not mask your identity in any way, including without limitation, IP masking or accessing the Site over any type of proxy server; and
  • You will ensure that all use of your Account fully complies with these Terms. We may suspend or terminate your access to the Site and the Services without notice to you in the event that you do not use the Site or the Services for an extended period of time.
YOUR ACCOUNT

Your Account must be registered under your current full legal name, your email address, and your current business address. It is your responsibility to keep your e-mail address current. If you need to update your email address, please contact support@softberry.in

To access the full functions of the Site, you must have a valid Account established. Further, you must meet all the conditions described throughout these Terms.

VERIFICATION OF ACCOUNT INFORMATION

We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate your Account information and/or to ensure that your participation in the Site and use of the Services does not breach these Terms and/or any applicable law. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we cannot verify the information applicable to your Account, your Account may be terminated.

PAYMENTS

Payments to us for Service Fees for your Account must be made using means of payment that we may approve from time to time. We currently require payments be made by a major credit card (i.e., VISA & MasterCard). Payments must be made from a payment source on which you are the named account holder. Payments are not refundable for any reason.

You will be charged in arrears for Services rendered at the end of each month ("Billing Date"). If we do not receive the full amount of your Service Fees within fifteen (15) days of the Billing Date, a late payment charge of one and a half percent (1.5%) per month may be added to your bill and immediately become due and payable. You agree to pay us all reasonable attorney's fees and costs incurred by us to collect any past due amounts. Your Account will be deactivated without further notice if payment is past due, regardless of the dollar amount. If you do not pay the outstanding balance or otherwise contact us regarding reactivating your Account within thirty (30) days, we may suspend or terminate your Account. We may change our fee structure at any time with thirty (30) days’ notice.

You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site or the Services. You waive your right to dispute any payment made into your Account and you will bear all costs.

Any attempt to defraud, through the use of credit cards or other methods of payment in connection with the Site or the Services, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account and may result in civil claims and/or criminal prosecution against you.

In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.

PROCESSING OF ACCOUNT PAYMENTS

We may use third-party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. When initially setting up your Account, you will have the ability to decide which ESP you want to process your payments. By selecting the ESP, you authorize us, as necessary, to instruct such ESPs to handle such transactions. You authorize us to give such instructions on your behalf in accordance with your requests as submitted on the Site for the use of Services. You acknowledge that each ESP has its own terms and conditions of use and that we are not responsible for said terms and conditions. In the event or conflict between these Terms and the ESP's terms and conditions regarding the Site or the Services, these Terms shall prevail.

RENEWALS

Our services are provided on a month-to-month basis. To provide continuous service, we automatically renew all paid subscriptions upon expiration ("Renewal Date"). By using the Site or the Services, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please follow the directions set out under the "Termination or Cancellations of Accounts & Refunds" section of these Terms.

TERMINATION OR CANCELLATIONS OF ACCOUNTS & REFUNDS

We may terminate these Terms, terminate your access to all or part of the Site and/or Services, or suspend any user's access to all or part of the Site and/or Services, at any time, without notice to you, if we believe, in our sole judgment, that you or any user connected to you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. We may delete any Account Data or other materials relating to your use of the Site and/or our Services on our servers or otherwise in our possession. You acknowledge that we shall not be liable to you or to any third party for any termination of your access to the Site and/or our Services.

We reserve the right to terminate your Account for non-payment if, by thirty (30) days after deactivation of your Account, you have not brought your Account balance current or contacted us regarding reactivation. If we terminate your Account, all of your Account Data may be deleted.

You may cancel at any time before the end of your first month, and you will not be charged for use of the Services. After the first month, you may cancel your Account before the Renewal Date, and your account will not be renewed, but you will be charged for the use of Services up to the date you cancel your Account.

DIRECTIONS FOR CANCELING YOUR ACCOUNT

You need to email us at support@softberry.in for cancellation of your subscription.

You agree that termination or cancellation will not relieve you of any obligation to pay any accrued charges, unless otherwise stated above. You shall be charged the full amount of the fee for the month in which our Services were terminated. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of the Services.

Upon termination of your Account for any reason, we will return or delete any personal information regarding your Account at your request and choice.