Terms of Services
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND CONFIRM YOUR ACCEPTANCE BEFORE AVAILING OUR SERVICES.
These Terms of Service describe the Services we will provide to you, how we will work together, and other aspects of our business relationship.
We request you to read the terms below carefully before confirming your acceptance thereof. You must be of legal age to enter into a binding agreement in order to accept the Agreement. Upon your acceptance, these Terms of Service form a legally binding agreement between you and Boozno Technologies Private Limited. Our Services are available to you only upon your acceptance of these Terms of Service.
In case any of the terms are not acceptable to you, please do not proceed to use any of our Services. BY ACCESSING OR USING OUR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY ALL THE APPLICABLE TERMS OF SERVICE.
We periodically update these terms and we will let you know through email, and by posting a revised copy on our website. You agree to review these Terms of Service on a regular basis and always remain in compliance.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND BOOZNO TECHNOLOGIES PRIVATE LIMITED (HEREINAFTER “BOOZNO”) GOVERNING YOUR USE OF BOOZNO
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.
1. DEFINITIONS
1.1. "Boozno", "we", "us" or "our" shall mean Boozno Technologies Private Limited, a company incorporated under the Companies Act, 1956, with its registered office at B–1103, Ashford Royale, South Samuel Marg, Mulund–Goregaon Link Road, Nahur West, Mumbai – 400 078.
1.2. "You", "your" or "Customer" shall mean an individual or legal entity who is signing up for any kind of Services from us, irrespective of the nature or duration of the Services. Customer’s details, including name of the contracting entity and the authorized representative, are as provided in the accompanying Order Form.
1.3. "Affiliate" means, (i) with respect to any party other than a natural person, any other person who holds or in which such party holds 50% or more of the paid-up share capital, directly or indirectly, or is controlling, controlled by or under common control with such party; (ii) in the case of any party that is a natural person, any other person who is a relative of such party as per the provisions of the act. for the purposes of this definition, the term “control” (including with correlative meaning, the terms “controlled by” and “under common control” with) as applied to any party, (i) means the (a) ownership or possession, directly or indirectly, of more than one half of the voting power of an enterprise, or (b) control of the composition of the board of directors in the case of a company or of the composition of the corresponding governing body in case of any other enterprise, or (c) a substantial interest in voting power and the power to direct, by statute or agreement, the financial and/or operating policies of the Person; and (ii) shall include the ownership or possession, directly or indirectly, of the power to direct or cause the direction of the management of that Person whether through ownership of voting securities or otherwise.
1.4. "Billing Cycle" shall mean a duration cycle (like month, quarter, year) for which billing is done in one go, as indicated in the Order Form.
1.5. "Consulting Services" shall mean the professional services provided to the Customer by Boozno, which may include training services, installation, integration or consulting services, the details of which shall be captured in Order Forms executed between the Parties from time to time under the terms of these Terms of Service and appended as annexures to these Terms of Service.
1.6. "Customer Data" shall mean any information submitted to Boozno platform by the Customer.
1.7. "Disclosing Party" shall have the meaning set out in Clause 13.1.1.
1.8. "Effective Date" shall mean the date of your acceptance of these Terms of Service.
1.9. "Force Majeure" shall mean an act of war, hostility, sabotage, act of God, epidemic, pandemic, electrical, internet or telecommunication outage, cyber-attacks, government or regulatory restrictions, change in law applicable to the Services or any other event outside the reasonable control of Boozno, that adversely affects the provision of Services.
1.10. "Boozno Platform" shall mean the suite of applications available at www.boozno.com or any of its sub-domains or any other URL/location made available by Boozno.
1.11. "Order Form" shall mean the form submitted by you, with your details and the Services opted by you, with relevant Service terms, pricing and payment terms being set out accordingly. Separate Order Forms may be submitted for different Subscription Services and Order Forms may be updated or modified from time to time with mutual consent.
1.12. "Person" means any natural person, sole proprietorship, corporation, partnership, limited liability company, firm, joint venture, association, joint-stock company, trust, unincorporated organization, governmental entity, or any other entity.
1.13. "Planned Downtime" shall mean the period during which the Services may be shut down for planned maintenance of Boozno to the extent possible and reasonable, such downtime will be scheduled during non-business hours for majority of Boozno’s customers such as weekends and public holidays and at least 24 (twenty-four) hours’ prior notice will be provided.
1.14. "Receiving Party" shall have the meaning set out in Clause 13.1.1.
1.15. "Start Date" shall mean the date of commencement of the Subscription Services.
1.16. "Subscription Fees" shall mean the fees payable by the Customer for the Subscription Services.
1.17. "Subscription Services" shall mean the provisions of access to the Boozno Platform as per the scope, limits and features that the Customer has subscribed to, as captured in the relevant Order Form.
1.18. "Subscription Term" shall mean the initial term of the Subscription Services commencing from the Start Date, as specified in the relevant Order Form, and each subsequent renewal term (if any).
1.19. "Users" mean individuals authorized by Customer to access Subscription Services.
2. DESCRIPTION OF SERVICE
We provide cloud software and applications for businesses, including associated offline and mobile applications. You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
3. SCOPE OF SERVICES
3.1. Subscription Services
3.1.1. During the Subscription Term, we will grant the Customer a non-transferable, non-exclusive right to permit Users authorized by the Customer to access and use the Boozno Platform for its internal business purposes in accordance with these Terms of Service, the relevant Order Form and all laws and regulations applicable to the Customer. The Customer shall not use the right granted hereunder or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication.
3.1.2. You may, at any time, subscribe to additional features of the Subscription Services (existing features or new features that may be made available by us from time to time) by executing an additional Order Form.
3.1.3. We may update the Boozno Platform from time to time, without adversely affecting the Subscription Services. We, however, are under no binding obligation to release new features or updates to the Boozno. We make no representations as to future features and functionalities, irrespective of any public announcements or comments in this regard.
3.1.4. Subscription Services will not be made available during Planned Downtime or Force Majeure.
3.1.5. Boozno may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Boozno makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
3.2. Third Party Service Providers or Third Party Software
We may use third-party service providers, including application service providers and hosting service providers, for rendering any of the Services hereunder without seeking further consent from you, but we will continue to be responsible for such Services. Boozno will however, not be responsible for any third-party service providers engaged by you or any third-party software that may be procured by you, whether with or without our consent and notwithstanding that the same may be integrated with the Services.
4. FREE TRIAL
If you register for a free trial of one or more Services, Boozno 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 Boozno 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. Notwithstanding 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.
5. USER SIGN UP / SUBSCRIPTION OBLIGATIONS
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Boozno has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Boozno may terminate your user account and refuse current or future use of any or all of the Services.
6. RESTRICTIONS ON USE
6.1.1. Transfer the Services or otherwise make it available to any third party.
6.1.2. Provide any service based on the Services without prior written permission.
6.1.3. Allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user.
6.1.4. Except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services.
6.1.5. Use the third party links to sites without agreeing to their website terms & conditions.
6.1.6. Post links to third party sites or use their logo, company name, etc. without their prior written permission.
6.1.7. Attempt to gain unauthorized access to the Services or its related systems or network.
6.1.8. Use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Boozno.
6.1.9. Use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs.
6.1.10. Use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein.
6.1.11. Host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity.
6.1.12. Violate any applicable local, state, national or international law.
6.1.13. Use the Services for any form of competitive or benchmarking purposes.
6.1.14. Remove or obscure any proprietary or other notices contained in the Services.
6.1.15. Use our services in any manner that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other countries.
6.1.16. Create a false identity to mislead any person as to the identity or origin of any communication.
6.1.17. Use the services for transmitting information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
6.1.18. Use the services in a manner that relates to or encourages any activity prohibited by law in India.
6.1.19. You are responsible to ensure that the Subscription Services are used in accordance with these Terms of Service and will notify us immediately of any unauthorized use of your account or Users’ identifications and passwords by sending an email to legal@boozno.com.
7. SPAMMING AND ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
8. THIRD PARTY APPLICATIONS
Boozno integrates with many third party applications (hereinafter "Third Party Applications"). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Boozno is not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Boozno may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Boozno Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
9. FEES AND PAYMENTS
The Services are available under subscription plans of various durations. Before the end of each subscription period, our team will get in touch with the customer for the renewal. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. The Customer will be making the payment offline via a payment link sent to them or by other means as decided by Boozno.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
In the event any tax such as GST, VAT, sales tax or the like is chargeable by Boozno in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"), Boozno will invoice you for such Taxes. You agree to pay Boozno such Taxes in addition to the subscription fees. Boozno shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.
10. Ownership And Proprietary Rights
10.1. Boozno Rights
We own or have rights to all worldwide intellectual property rights in and to the Boozno Platform and the Services (including all customizations, derivatives, adaptations or improvements thereof), and all copyrights, patents, trademarks, service marks and trade secrets in relation thereto, whether registered or not. All suggestions, enhancement requests, feedback, recommendations or other inputs provided by you or any other party relating to the Boozno Platform or Services shall be owned by us, and you hereby assign, perpetually and worldwide, free of royalties or any payments, all rights in the same in favor of us and shall, at our expense, execute such documents as are necessary to accomplish the foregoing ownership. Such assignment shall not lapse, notwithstanding that we do not make use of the same within the timelines prescribed by law, if any. Any rights not expressly granted herein are reserved by us.
10.2. Customer Rights
You shall have ownership rights over all Customer Data and you hereby grant us and our licensors the worldwide, limited, non-exclusive license to access and use the same for the purpose of rendering the Services. You shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to collect and use the Customer Data.
10.3. Using Customer’s name and logo
You hereby permit us to use your name, website address and logo in our marketing material including website, email campaigns, brochures etc. during and after active engagement.
11. Organization Accounts and Administrators
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for (i) ensuring confidentiality of your organization account password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Boozno is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to legal@boozno.com, provided that the process is acceptable to Boozno. In the absence of any specified administrator account recovery process, Boozno may provide control of an administrator account to an individual providing proof satisfactory to Boozno demonstrating authorization to act on behalf of the organization. You agree not to hold Boozno liable for the consequences of any action taken by Boozno in good faith in this regard.
12. Modification of Terms of Service
We may modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Boozno notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
13. Confidentiality
13.1. Confidential Information
As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer’s Confidential Information shall include Customer Data; Boozno’s Confidential Information shall include the Boozno Platform and Services; and Confidential Information of each Party shall include the terms and conditions of these Terms of Service and all Orders Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such Party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party.
13.2. Protection of Confidential Information
The Receiving Party shall use the same degree of care to protect Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care). It shall not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms of Service and except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its service providers’ employees, consultants, contractors and agents who need such access for purposes consistent with these Terms of Service and who are bound by confidentiality obligations that are no less stringent than those herein.
13.3. The provisions of this Clause 12 (Confidentiality) shall survive the expiry or termination of these Terms of Service.
14. Customer Data Protection
14.1 We shall adopt and maintain industry standard organizational and technical safeguards for the protection of the security, confidentiality and integrity of Customer Data. We shall process the Customer Data only for the purpose of rendering the Services, as per the privacy policy set forth at boozno.com/privacy-policy.
14.2 We do not determine whether Customer Data includes information subject to any specific law or regulation in Customer’s local jurisdiction. In case you require us to implement any specific measures, given the nature of Customer Data or to comply with any specific laws or regulations applicable to your business or in your local jurisdiction, you shall bring the same to our notice and we will mutually agree upon the feasibility, scope and pricing for such measures.
14.3 As you collect the Customer Data and determine the mode of processing the same using the Services, you shall be the controller, and we the processor, for the purpose of applicable data privacy laws. You shall be responsible for ensuring that it complies with applicable data protection laws pertaining to collection and transfer of personal data as the controller of the Customer Data.
14.4 We may monitor use of the Subscription Services by all its customers and use such data in an aggregate and anonymous manner, without publishing any personally identifiable information.
15. Indemnity
Either party shall defend, indemnify and hold the other party harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with claims, demands, suits, or proceedings made or brought against the other party: (i) due to breach of the representation and warranties set forth in these Terms of Service; (ii) by a third party alleging that the use of the Services as contemplated hereunder infringes the intellectual property rights or data privacy rights of such third party; provided that the indemnified party (a) promptly gives written notice of the claim to the indemnifying party; (b) gives the indemnifying party control of the defense and settlement of the claim (provided that the indemnifying party may not settle any claim unless it unconditionally releases the indemnified party of all liability); and (c) provides to the indemnifying party, at the indemnifying party’s cost, all reasonable assistance.
16. Disclaimers & Limitations of Liability
16.1. Disclaimer of Warranties
Except as expressly undertaken herein, the services are provided “AS IS” and Boozno, to the extent permitted by law, makes no representations or warranties about the suitability, reliability, availability, timeliness, security or accuracy of the services or data made available from the services. Boozno makes no warranty that the services will be uninterrupted, timely, secure, or error free. use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Boozno, its employees or representatives shall create any warranty not expressly stated in the Agreement.
16.2. Limitation of Liability
In no event shall either party, its directors, officers or any of its affiliates be liable for (i) loss of profit, loss of business, loss of business opportunity, loss of revenue, loss of reputation or goodwill, in each whether actual or anticipated; (ii) loss, theft or corruption of data; and (iii) any special, punitive, indirect, consequential or incidental damages (including substitution of services) arising out of or relating to these terms of service any third party services delivered in connection herewith even if previously advised of the possibility of such damages and regardless of whether such liability arises out of contract, negligence, tort, strict liability or any other theory of legal liability, and in no event shall either party’s cumulative liability hereunder (other than for payment of fees due) exceed the amount paid or payable by customer to Boozno in the six month period immediately preceding any such claim.
17. General Provisions
17.1. Force Majeure
Neither party shall be responsible for failure or delay in performance if caused by Force Majeure, except in respect of payment obligations hereunder. Each party will use reasonable efforts to mitigate the effect of a Force Majeure event. Service Fees shall not accrue for the period during which the Services are not rendered due to Force Majeure.
17.2. Compelled Disclosure
Boozno reserves the right at all times to disclose any information, including Customer Data and Customer’s Confidential Information, when compelled to so by any applicable law, regulation, legal process or governmental request.
17.3. Severability
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, or for any reason invalid, void or unenforceable, the remainder of the provisions shall, to the extent practicable, remain in full force and effect and parties will negotiate in good faith to amend such invalid, void or unenforceable provision to give effect to the intended purpose of such provision in accordance with applicable laws.
17.4. Relationship Between the Parties
No joint venture, partnership, employment, or agency relationship is created between Boozno and Customer as a result of these Terms of Service or use of the Services.
17.5. Assignment
Either party may assign its rights hereunder in the event of a merger, reorganization or acquisition of all or substantially all of its assets; in all other cases, the other party’s prior written approval shall be required for assignment and the same shall not be unreasonably withheld.
17.6. NO WAIVER
Any waiver by a party of a breach of these Terms of Service by the other party shall be specific and in writing, and shall not operate as a waiver of any other or future breach under these Terms of Service.
17.7. NOTICE
Any notice or other communication required or permitted under this Terms of Service shall be given in writing to the other party via hand delivery, courier or by registered post acknowledgment due. Notices shall be effective upon receipt. However, notices pertaining to the use of the Services, including overuse and payments, may be sent by email only to the address set out below. If to the Customer: Customer Name, Address and Email ID as per Order Form. If to Boozno: Attn: Legal Department – Boozno, Boozno Technologies Private Limited, B–1103, Ashford Royale, South Samuel Marg, Mulund–Goregaon Link Road, Nahur West, Mumbai – 400 078. Email: legal@boozno.com
17.8. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of India. Parties shall try to resolve any Dispute arising out of or in relation to these Terms of Service by mutual discussions, failing which the same shall be submitted to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The parties agree that the arbitration shall be before a sole arbitrator appointed under the Rules. The juridical seat of arbitration shall be Mumbai, India. The language of arbitration shall be English. The law governing the arbitration proceedings shall be Indian law. The decision of the arbitrator shall be final and binding on the parties. Subject to the above, the competent courts at the seat shall have exclusive jurisdiction.
17.9. Entire Agreement
These Terms of Service, including its annexures and any additional Order Forms, modifications or addendum that may be entered into from time to time constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Any additional or different terms set out in a purchase order or any future correspondence shall not be binding on Boozno. Any modification to an Order Form shall be in writing and mutually agreed to by the Parties.
17.10. Order of Precedence
In the event of any conflict between these Terms of Service and the terms of an Order Form, the Order Form shall prevail solely with respect to the subject matter thereof.
17.11. CONTACT INFORMATION
You can contact us at legal@boozno.com.