PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE & EFF FACTOR SOFTWARE.
(I)Terms of Website Use
These Terms of Website Use (together with the additional documents referred to in it) set out the terms and conditions on which you make use of the Website: www.efffactor.com (“Website”), whether as a guest or a registered user. Use of the Website includes: accessing, browsing and signing-up to use the Website and any content on it.
By using the Website, you confirm that you accept these Terms of Website Use and that you agree to comply with them. If you do not agree to these Terms of Website Use, you must not use the Website.
These Terms of Website Use refer to the following additional terms, which also apply to your use of the Website:
Who We Are
The Website is operated by Piiritu Innovations Pvt. LTD (“we”, “us”, “our”). We are a Private limited company registered in Mumbai, India, company Company registration no U72900MH2017PTC297672. Our registered office is at: 1 , Kakad Industrial Estate , S. Keer Road, Off L. J. Road, Mahim (W) Mumbai 400 016.
Using the Website
The Website is made available free of charge.
We do not guarantee that the Website, or any content on it, will always be available or uninterrupted and we reserve the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content on the Website. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied that the content on the Website is accurate, complete or up-to-date.
You are responsible for making all necessary arrangements for you to have access to the Website. You are also responsible for ensuring that anyone accessing the Website through your internet connection is aware of these Terms of Website Use (together with the additional documents referred to in it) and complies with them.
The Website is directed at individuals, institutes and businesses in India. We do not represent that the content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service described on it to any person or geographic area at any time. If you choose to access the Website from outside these areas, you do so at your own risk.
We may, from time to time, provide interactive tools on the Website. Where we do provide any interactive tools, you may use these tools (and the Website) only for lawful purposes. You may not use the Website and/or any interactive tools:
- In any way that breaches any applicable local, national or international law or regulation
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect and/or
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of these Terms of Website Use
- Not to access without authority, interfere with, damage or disrupt:
- Any part of the Website
- Any equipment or network on which the Website is stored
- Any software used in the provision of the Website or
- Any equipment or network or software owned or used by any third party.
We will determine, in our discretion, whether there has been a breach of these Terms of Website Use through your use of the Website. When a breach of these Terms of Website Use has occurred, we may take such action as we deem appropriate, including but not limited to immediate (temporary or permanent) withdrawal of your right to use the Website.
If you choose or are provided with a user identification code, password or any other piece of information as part of our registration and/or security procedures, you must treat such information as confidential and must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms of Website Use.
We are the owner or licensee of all intellectual property rights on the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off, copy and download extracts of any page(s) from the Website and draw the attention of others within your organisation to content posted on the Website. You must not modify the paper or digital copies of any materials printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and that of any identified contributors, as the authors of content on the Website must always be acknowledged. You must not use any part of the content from the Website for commercial purposes without obtaining a licence to do so from us (or our licensors).
If you print off, copy or download any part of the Website in breach of these Terms of Website Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Limitation of Our Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use the Website;
- Use of or reliance on any content displayed on the Website;
- Loss of profits, sales, business or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to downloading any content on it, or any website linked to it.
We assume no responsibility for the content of websites linked to on the Website. Such links should not be interpreted as endorsement, by us, of those websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of services by us to you, which will be set out in our Terms and Conditions of Supply or any contract agreed and entered into by us (as applicable).
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Linking to the Website
You may link to the Website, provided this is done in a fair and legal way which does not damage our reputation. We reserve the right to withdraw this permission at any time without notice.
You must not link to the Website in any way which suggests any form of association, approval or endorsement on our part where none exists.
We may change these Terms of Website Use at any time by amending this page and any updated Terms of Website Use will continue to apply to you. You should check this page from time to time for any changes made.
We may update the Website from time to time, including its content. Please note that any of the content on the Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
These Terms of Website Use, their subject matter and formation (and any non-contractual disputes or claims) are governed by Indian law. We both agree to the exclusive jurisdiction of the courts of Mumbai, India.
Eff Factor Software as a service is offered by Piiritu Innovations Pvt. LTD (“we”, “us”, “our”,”Piiritu”). We are a Private limited company registered in Mumbai, India, company Company registration no.U72900MH2017PTC297672. Our registered office is at: 1 , Kakad Industrial Estate , S. Keer Road, Off L. J. Road, Mahim (W) Mumbai 400 016.
- SCOPE OF WORK
- In case of the first time user, the period of subscription shall commence on the next day of the realization of the payment or the date on which access to the software is granted whichever is later.
- In case of renewal, the period of subscription shall commence from the next day of expiry of the previous period for which the last subscription/service charges was paid.
- SERVICE CHARGES
- The service charges payable based on the version of the software, no. of users, the period of service/use, shall be displayed on the website and/or communicated by any other means as the company may decide.
- Service charges as applicable on the date of payment shall be paid (subject to deduction of applicable taxes), on or before commencement of the service in case of new subscriber/customer and one week in advance in case of renewal and the same will not be refundable, subject to Para 6.13.
- In case, the certificate for Tax deducted is not furnished to the company in the stipulated time period, the company shall have right to adjust the relevant amount of TDS in the remaining period as unpaid subscription/service charges.
- REPRESENTATIONS AND WARRANTIES
- ADDITIONAL SUPPORT
- If any additional training or support is required by CUSTOMER/SUBSCRIBER the same will be provided by Piiritu on such terms & conditions as may be mutually agreed upon.Please contact us on: email@example.com
- OTHER TERMS AND CONDITIONS
- CUSTOMER/SUBSCRIBER shall, to the best of its ability, ensure that the server (hosting the software of Piiritu) is not subjected to hacking or spam.
- CUSTOMER/SUBSCRIBER realizes that Piiritu will use its best efforts to ensure that the service provided by their system is uninterrupted and bug free, however Piiritu cannot ensure 100% up-time and zero defects.
- It is CUSTOMER/SUBSCRIBER ’s responsibility to check the correctness of the reports and also to input correct and complete data.
- CUSTOMER/SUBSCRIBER agrees that “Eff Factor” software will have a predefined set of reports. CUSTOMER/SUBSCRIBER is also aware of the features of the software.
- Piiritu cannot and will not be responsible for any errors caused by viruses received from anybody or any other third party software, hackers or network issues. Piiritu is not responsible for slow response of the server or break down in service beyond Piiritu’s control.
- Implementation efforts like master creation and time data inputs, report generation, backup of employees’ inputs, etc. will be done by CUSTOMER/SUBSCRIBER.
- CUSTOMER/SUBSCRIBER will not remove Piiritu /Eff Factor logo / name from any of the output generated from the software or reports.
- Piiritu has the right to add new reports or features to the software for better services.
- Piiritu will not do any kind of printing or data entry work which has to be done by CUSTOMER/SUBSCRIBER.
- Piiritu support will be through telephone/mail. Piiritu will have a one-point contact with CUSTOMER/SUBSCRIBER ’s authorized person for all support and correspondence. Support will be provided between 10:00 AM to 06:00 PM from MONDAY to FRIDAY, excluding Government Holidays.
- CUSTOMER/SUBSCRIBER agrees not to tamper with or otherwise attempt, to defeat the safeguards that are present in the software. Piiritu may add further software protection.
- CUSTOMER/SUBSCRIBER agrees not to allow the software to be subjected to reverse engineering, de-compiling, and disassembling, copying, modifying or developing competitive software.
- Piiritu shall make every effort to maintain a regular and continuous service but does not guarantee to do so. Under any unavoidable circumstances if there is a failure / alteration/suspension/cancellation or termination of service, Piiritu shall not be liable to CUSTOMER/SUBSCRIBER for any consequential loss, damage, inconvenience. However, in case of permanent suspension of service under any unavoidable circumstances, Piiritu shall be liable to refund the service charges received for the period for which service is or would not be provided.
- SERVICE LEVEL AGREEMENT
- Level 1: BASIC QUERIESBasic queries to be resolved normally with tele-support from Piiritu within maximum time period of 8 hours from the time of raising a query (i.e. 1 Working Day)
- Level 2: TECHNICAL QUERIESTechnical queries to be resolved normally with tele-support from Piiritu within maximum time period of 16 hours from the time of raising query (i.e 2 working days)
- NON DISCLOSURE AGREEMENT
- Piiritu understands that any information provided by the client in pursuance of these terms and services offered are confidential in nature and that Piiritu agrees to protect the secrecy of the said confidential information in order to prevent it from falling into public domain and / or misuse. Piiritu agrees that it shall take such measures with highest degree of care that Piiritu would take to protect its own confidential information of a similar nature, but in no event less than reasonable care. Piiritu further agrees not to duplicate the CUSTOMER/SUBSCRIBER ’s information except for the purpose of taking backup. The right of confidentiality shall survive the termination and / or expiry of this agreement. Piiritu has the right to publish the CUSTOMER/SUBSCRIBER name and logo for any marketing purpose only after written consent.
- FORCE MAJEURE
- If either Party is unable to perform its obligations under this Agreement due to the occurrence of an event beyond its control (such as acts of God, War like situations, Riots, Bandhs, Government actions, Earthquakes, Cyclones, Typhoons, and other natural calamities, etc.), that Party will not be deemed to have defaulted under this Agreement. Each Party agrees to use all reasonable efforts to enable performance under this Agreement to continue.
- ENTIRE AGREEMENT
- This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and overrides all previous communications, either oral or written, between the Parties with respect to the subject matter hereof and no agreement or understanding varying or extending the same shall be binding upon any Party unless arising out of the specific provisions of this Agreement and is in writing.
- ARBITRATION AND GOVERNING LAW
- All disputes, differences, claims, demands and questions of whatsoever nature arising out of or relating to or in pursuance of or touching this deed or the construction meaning, scope, operation, effect or application thereof, or of any thing or clause contained therein, or any account or liability of any of the parties hereto, or as to any act deed matter or thing done or omitted to be done in any way relating to these presents, arising either during the continuance of this agreement or afterwards, shall be referred to a sole arbitrator to be appointed by mutual consent of both the parties. Such arbitration shall be in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. All such arbitration proceedings shall be held at Mumbai. The governing law shall be the substantive laws of India.