Terms of Use - Website

PRIVATE AND CONFIDENTIAL - FOR CLIENT USE AND DISCUSSION ONLY

Welcome to Halsimplify’s Terms of Use

This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Website.

This Website is created and operated by M/s Halsimplify Solutions Private Limited, (hereinafter referred to as “We”, “Our”, and “Us”) having its registered address at ‘A2 Samanthi Street, Chennai India’ and operating under the brand name “Halsimplify” “Hal”(“Brand Name”). We intend to ensure your steady commitment to the usage of this Website and the services provided by us through our Website “www.Halsimplify.com”.

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Website. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Website provided by us and who is competent to enter into binding contracts, as per law. “Third Parties” refer to any Website, platform or individual apart from the Users and the creator of this Website.

GENERAL TERMS
WEBSITE OVERVIEW

The Website is engaged in the business of marketing services for other businesses acting as a support by the way of user setting up a trial or booking a demo. The Website is committed in offering quality services by launching ERP and other complimentary products focusing on running business faster. The functionality of the website includes marketing strategies where it collects user information for setting up trial or booking a demo in the cloud ERP application place where each customer will have their own subdomain with the extension ‘customer.halerp.com’. The HAL ERP WebApp shall provide the following options for the listed services for the departments as required by the user-customer-

REGISTRATION

If you would want to schedule a demo then registration on the Website is mandatory for Users whereby they can register by providing the following information:

ELIGIBILITY
CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Website.

All the Content displayed on the Website is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and whilst feedback and comments by You can be made via the Website, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Website. Further, the Website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website. You shall not copy, adapt, and modify any content without written permission from Us.

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agrees to hold the Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Website and/or the Services or materials contained therein.

LIMITATION OF LIABILITY
  1. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
  2. If you have fed incorrect information or data or for any deletion of data;
  3. If there is an undue delay or inability to communicate through email;
  4. If there is any deficiency or defect in the Services managed by Us;
  5. If there is a failure in the functioning of any other service provided by Us.
TERM
TERMINATION
COMMUNICATION

By using this Website and providing Your identity and contact information to Us through the Website, You agree and consent to receive e-mails or SMS from Us and/or any of its representatives at any time.

You can report to info@halsimplify.com if you find any discrepancy with regard to Website or content-related information and we will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by Us relating to any services availed by You on the Website or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Website and you:

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refuse to the usage of the Website, without being required to provide you with notice or cause:

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Website. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Website or such other third party and other distinctive brand features of the Website are the property of the Website or the respective copyright or trademark owner. Furthermore, concerning the Website, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

You shall not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Website, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Website through which You can communicate with other users and the Website does not own any of the intellectual property relating to the independent content displayed on the Website, apart from created graphics and specified content.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES
FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

In the event of any dispute arising out of or in connection with this agreement, including any dispute relating to the validity of this agreement, the parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.
In the event the parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Chennai, India.

‍You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

MISCELLANEOUS PROVISIONS