These terms of service is an electronic record in the form of an electronic contract formed under the information technology act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms of use does not require any physical, electronic or digital signature.
This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011 prescribed under information technology act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.
These terms of service is a legally binding document between factohr and user (both terms defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between factohr and user for the use of the website (defined below).
Please read these terms of use carefully. By using the website, you indicate that you understand, agree and consent to these terms of service. If you do not agree with the terms of these terms of service, please do not use this website. You hereby provide your unconditional consent or agreement to factohr as provided under section 43a and section 72a of information technology act, 2000 and the information technology (intermediary guidelines) rules, 2011.
These terms of service of the website located at the URL (factohr.com), mobile sites or mobile application (“Website”) is between version systems private limited (“factoHR” or “We” or “Us” or “Our”) and the guest users or registered users of the website (“You” or “Your” or “Yourself” or “Customer”) describe the terms on which the factoHR offers. You access to the Website and such other services as are incidental and ancillary thereto.
These terms of service is a contract between you and factoHR. These terms of service shall be read together with the privacy policy or other terms and condition with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)”) constitute the entire agreement upon which You are allowed to access and use the website and avail the services.
Parts of this agreement
This agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of inpidual services (hereinafter the “Service Specific Terms”). The general terms and service specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the general terms and service specific terms, the service specific terms shall prevail.
Interpretation
- Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
- Headings and captions are used for convenience only and will not affect the interpretation of these terms of service.
- Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as factoHR will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
Acceptance of the terms
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. If you agree to the general terms and do not agree to any service specific terms, do not use the corresponding service. 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.
Use of the Website
You agree and undertake that when using a website, You will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
- Conduct or forward surveys, contests, pyramid schemes or chain letters
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- Any information provided by you on this site shall not be misleading in any way
- Use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or content, or in any way reproduce or circumvent the navigational structure or presentation of the website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the website.
- Transfer the services or otherwise make it available to any third party
- provide any service based on the services without prior written permission
- Use the third party links to sites without agreeing to their website terms & conditions
- Post links to third party sites or use their logo, company name, etc. without their prior written permission
- Publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity
- Use the services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of factoHR
- Create a false identity to mislead any person as to the identity or origin of any communication
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, harassing, libellous, 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. 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.
Description of Service
We provide an array of services for online collaboration and management including word processor, spreadsheet, presentation tool, database application creator, email client, chat client, organizer, customer relationship management application and project management application (“Service” or “Services”). You may use the services for your personal and business use or for internal business purpose 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.
Subscription to Beta Service
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the beta services as commercial services. You will be under no obligation to acquire a subscription to use any paid service as a result of your subscription to any beta service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the beta services with or without notice to you. You agree that factoHR will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the beta services for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address.
User Sign up 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: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) 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 factoHR has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, factoHR may terminate your user account and refuse current or future use of any or all of the services.
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 inpiduals 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 factoHR 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@factohr.com, provided that the process is acceptable to factoHR. In the absence of any specified administrator account recovery process, factoHR may provide control of an administrator account to an inpidual providing proof satisfactory to factoHR demonstrating authorization to act on behalf of the organization. You agree not to hold factoHR liable for the consequences of any action taken by factoHR in good faith in this regard.
Personal Information and Privacy
Personal information you provide to factoHR through the service is governed by factoHR privacy policy. Your election to use the service indicates your acceptance of the terms of the factoHR privacy policy. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to accounts@factohr.com or by calling us on any of the numbers listed on https://www.factohr.com/contact-us. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Communications From factoHR
The service may include certain communications from factoHR, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt out from receiving service announcements and administrative messages.
Complaints
If we receive a complaint from any person 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 factoHR 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 factoHR to the complainant.
Fees and Payments
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.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the services. Each service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the services is not sufficient to keep your user account in another service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the services does not grant factoHR the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for factoHR’s commercial, marketing or any similar purpose. But you grant factoHR permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You may transmit or publish content created by you using any of the services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. 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. 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. Further, by making any content available in the manner aforementioned, you expressly agree that factoHR will have the right to block access to or remove such content made available by you if factoHR receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by factoHR for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the services, click
If you wish to protest any blocking or removal of content by factoHR, you may do so in the manner provided here.
Sample Files and Applications
factoHR 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. factoHR makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Trademark
factoHR, factoHR logo, the names of inpidual services and their logos are trademarks of FACTOHR corporation. You agree not to display or use, in any manner, the factoHR trademarks, without factoHR’s prior permission.
The Customer agrees to allow FactoHR, and hereby does provide FactoHR with all the necessary rights and licences, to use the Customer’s trading name and/or logo on external communications or promotional or marketing materials, including case studies and as press references, to identify Customer as a customer of FactoHR. The Customer acknowledges and accepts that such limited permitted use of the intellectual property rights of the Customer shall not constitute an infringement of the Customer’s intellectual property rights under applicable laws.
Disclaimer of Warranties
You expressly understand and agree that the use of the services is at Your sole risk. The services are provided on an as-is-and-as-available Basis. factohr expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties Of merchantability and fitness for a particular purpose. factohr 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 factohr, its employees or representatives shall create any warranty not expressly stated in the terms.
Limitation of Liability
You agree that factoHR shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage Whatsoever or for loss of business profits, business interruption, Computer failure, loss of business information, or other loss arising Out of or caused by your use of or inability to use the service, even if factoHR has been advised of the possibility of such damage. factoHR’s entire liability to you in respect of any service, whether direct or indirect, will not exceed the one month fees paid by you towards such service.
Refund Policy
We do not have a refund policy as we are making 36 months of payment commitment to our cloud server service provider.
Indemnification
You agree to indemnify and hold harmless factoHR, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the services, except where such use is authorized by factoHR.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an inpidual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Rajkot and judgment on the arbitration award may be entered into any court having jurisdiction thereof. notwithstanding anything to the contrary, factoHR may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Severability
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
Suspension and Termination
We may suspend your 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. Objections to suspension or disabling of user accounts should be made to legal@factohr.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta service in case of unexpected technical issues or discontinuation of the Beta service.
End of Terms of Service
If you have any questions or concerns regarding this Agreement, please contact us at legal@factohr.com.
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