The following constitutes the Invaccs Software Technologies Pvt Limited’s Accounting software - RETAILBTerms of Use Agreement (“Agreement”) and is legally binding and applies to your use of the RETAILB (“Software”).
In these Terms, references to "you", “your” "User" shall mean the user accessing the Service. References to ‘Invaccs”, shall mean INVACCS SOFTWARE TECHNOLOGIES PVT LTD.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING GENERAL TERMS AND CONDITIONS FOR YOUR USE OF THE ACCOUNTING SOFTWARE RETAILB BY INVACCS SOFTWARE TECHNOLOGIES PVT LTD AND INCLUDES:
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RETAILB
RETAILB is a retail management software for small to mid-sized businesses which is designed with the objective of enhancing flexibility and ease of use.RETAILB is a GST-enabled accounting software which can be used for all accounting and book keeping activates from voucher entry to generating final statements as wells as provides ready data to generate GSTR-1 and GSTR-2.You may install RETAILBby using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use RETAILB.
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MODIFICATION OF THE TERMS
Invaccs reserves the rights, at its discretion, to change, add, or remove portions of these Terms Of Use at any time by posting the amended Terms to this page. Please check these Terms and any policies periodically for changes. Your continued use of the Software after the changes become effective constitutes the binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective upon the earlier of (a) your ongoing use of the Software with actual notice of the new terms, or (b) 30 days after Invaccs has first posted notice of the new terms on this page.
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ACCEPTABLE USE
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The User shall not use the software in any way that causes, or may cause, damage to the software or impairment of the availability or accessibility of the software; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
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The User shall not be permitted to resell or charge others for use of or access to the software, or in any other manner inconsistent with these Terms.
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The User shall not use the software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
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The User shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the software without the express written consent of Invaccs.
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The User shall not to use the Software for illegal activities or for the transmission of material that is unlawful, defamatory, harassing, invasive of another's privacy, or contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another.
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OBLIGATIONS OF USER
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User shall sign up for a user account by providing all required information in order to access or use the Services. If the user represent an organization and wish to use the Services for corporate internal use, all users from the organization, shall sign up for user accounts by providing the corporate contact information.
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The User shall provide a) true, accurate, current and complete information b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
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If anyinformation that is untrue, inaccurate, outdated, or incomplete, or if Invaccs has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Invaccs may terminate your user account and refuse current or future use of any or all of the Services.
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When a User sign up for an account the User 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 the User account.
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The User is responsible for i) ensuring confidentiality User account password, ii) appointing competent individuals as administrators for managing the user account, and iii) ensuring that all activities that occur in connection with user account comply with this Agreement.
You understand that Invaccs is not responsible for account administration and internal management of the Services for you.
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RESTRICTIONS ON USE
In addition to all other terms and conditions of this terms of use , User shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior permission from Invaccs; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Invaccs; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
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FEES AND PAYMENT
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The fees payable by the User shall be as per the Subscription Plan opted by the User.
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The Subscription fees shall be payable in advance and not later than 7 days from the due date of payment as per the applicable billing cycle.
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Your subscription will be automatically renewed at the end of each subscription period unless you inform Invaccs that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Debit/Credit Card last used by you.
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If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If the payment is not received within 7 days from the expiry of the due date, the user account shall be deactivated.
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While availing any of the payment method/s available on the Software , Invaccs shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
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Lack of authorization for any transaction/s, or
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Exceeding the preset limit mutually agreed by the user and between "Bank/s", or
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Any payment issues arising out of the transaction, or
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Decline of transaction for any other reason/s
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All payments made against the services on Software by the User shall be compulsorily in Indian Rupees acceptable in the Republic of India. Software shall not expedite transaction with respect to any other form of currency with respect to the purchases made on Software.
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All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Debit/Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.
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From time to time, we may change the price of any Service or charge for use of Services that are currently available. 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 approved the same to be included in your subscription plan.
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LIMITATION OF LIABILITY
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Under no circumstances shall Invaccs be liable to any User for:
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Loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the Software, even if the User had been advised of the possibility of such damages and regardless of the form of action, whether in contract, stated or otherwise.
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Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever in any way due, resulting from or arising in connection with the use of or the inability to use the Software or its content / materials;
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Claim attributable to errors, omission or inaccuracies in or destructive properties of any information.
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It is the endeavor of the Invaccs to ensure that the information provided on the Software is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose, and accepts no responsibility with respect to the information on the Software.
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Use of the Software, by implication, means that the User have gone through and agreed to abide by the Terms and Conditions and the Disclaimers of this Site.
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Invaccs does not claim that the information downloaded are up to date, correct and error free or that the servers that make the Software available, are free of viruses or harmful components. Any reliance on the service or database available through this service is at the user's own risk. Though due care has been taken to make the database completely reliable and error-free, Invaccs claims exemption from any liability arising out of any such error in the data base.
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PERSONAL INFORMATION AND PRIVACY
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User’s Personal information provided to Invaccs through the Software is governed by Invaccs Privacy Policy. User’s election to use the Service indicates the acceptance of the terms of the Invaccs Privacy Policy. The User shall maintain confidentiality of username, password and other sensitive information.
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The User shall be responsible for all activities that occur in user account and agrees to inform Invaccs immediately of any unauthorized use of users account by email to support@retailb.com. Invaccs shall not be responsible for any loss or damage to User or to any third party incurred as a result of any unauthorized access and/or use of user account, or otherwise.
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If Invaccs receive a complaint from any person or governing authority against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Invaccs in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Invaccs to the complainant.
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INACTIVE USER ACCOUNTS
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Invaccs reserve the right to block the access to the software if the User fails to make the payment with in 7days from the due date of payment of the subscription fees and shall terminate unpaid user accounts that are inactive for a continuous period of 60 days.
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In the event of termination of this agreement on account of default in payment of subscription fees or on account of breach of any of the general terms, all data associated with such user account will be deleted after 90 days from such terminations. Invaccs shall provide Client with prior notice of such termination and option to back-up the user data. In no event shall Invaccs be responsible to hold the data of inactive users for more than 90 days from the date of termination.
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In case the User wishes to store the data in RETAILB and retrieve it on a later date post the deactivation or termination, Backup facility shall be granted on request from the User, on payment of fees as determined by Invaccs, depending upon the then requirement of the User.
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USER GENERATED CONTENT, SAMPLE FILES AND TRADEMARK
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The User shall own rights in any such content created and shared on by the User. Nothing in these Terms takes away the rights of the user’s content. The User shall be free to share the content with anyone else.
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The User shall grant Invaccs permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of User’s account solely as required for the purpose of providing the Services to the User.
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You are responsible for ensuring that you do not accidentally make any private content publicly available.
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Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
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In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner.
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Invaccs may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. Invaccs makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications
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Invaccs logo, RETAILB Logo or the names of individual Services and their logos are trademarks of Invaccs. You agree not to display or use, in any manner, these trademarks, without Invaccs’s prior permission.
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SPAMMING AND ILLEGAL ACTIVITIES
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User shall be solely responsible for the contents oftheir transmissions through the Services. The User shall not to use the Software for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, 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.
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Invaccs reservesthe right to terminate the access of User to the Software if there are reasonable grounds to believe that the User has used the Services for any illegal or unauthorized activity.
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TERMINATION
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Invaccs may terminate user’s account or prohibit user from using or accessing the Service or the Software (or any portion, aspect or feature of the Software) if the user clearly, seriously or repeatedly breached the Terms or Policies. Invaccs may suspend user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies at any time in its sole discretion, with or without notice.
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Invaccs may also suspend or disable the account if the user repeatedly infringe other people's intellectual property rights.
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User agrees that all terminations shall be made in Invaccs’s sole discretion and that shall not be liable to User nor any third-party for any termination of User’s account or access to the Software.
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Objections to suspension or disabling of user accounts should be made to support@retailb.com within thirty days of being notified about the suspension or disabling of user accounts.
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User may terminate user account if Invaccs breaches its obligations under these Terms and in such event, user will be entitled to prorated refund of any prepaidsubscription fees. Termination of user account will include denial of access to all Services, deletion of information in user account such as user email address, Login and password and deletion of all data in user account.
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ENTIRE TERMS AND CONDITIONS
The Terms, along with the Privacy Policy, and any other guidelines made applicable to the use of Softwarefrom time to time, constitute the entire agreement between the User and Invaccs with respect to the User’s access to or use of the Software and the Services thereof.
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ASSIGNMENT
The User cannot assign or otherwise transfer the obligations under the Terms, or any right granted hereunder to any third party. Invaccs’s rights under the Terms are freely transferable by them to any third parties without the requirement of seeking the User’s consent.
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SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
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INDEMNIFICATION
The User agrees to protect and fully compensate Invaccsand its domain's associates, such as, service providers and technology partners, from any and all third party claims, liabilities, damages, expenses and costs, including, but not limited to, all legal expenses, arising from the use of services on this domain, the violation of the terms or the infringement by any other use of the users account, of any intellectual property or other right of anyone.
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WAIVER
Any failure by Invaccsto enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Invaccs of that provision or right.
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LEGAL JURISDICTION AND ARBITRATION
Any claim, dispute or difference relating to or arising out of this Terms Of Use shall be referred to the arbitration, of a sole arbitrator appointed by Invaccs. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time and the courts in Ernakulam, India alone shall have exclusive jurisdiction to deal with all such matter.The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.”
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SUBMISSIONS
User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Invaccs are non-confidential, and shall become the sole property of Invaccs. Invaccs shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to the User.
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END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at support@retailb.com