LEAD MLM SOFTWARE TERMS AND CONDITIONS
This website is operated by M/s.Techffodils Technologies LLP. Throughout the site, the terms “we”, “us” and “our” refer to M/s.Techffodils Technologies LLP. M/s.Techffodils Technologies LLP offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/ or purchasing our products or services or any, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink or any updated or modified terms and conditions hereinafter. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of the content.
Please read and perceive these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or avails any services rendered by us. If these Terms of Service are considered as an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes since will not personally notify any changes, updates or modifications after your acceptance. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your State or Province of residence, or that you are at the age of majority in your State or Province of residence and you have given us your consent to allow any of your minor dependents to use this site in consonance your Law of the Land.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any Laws, Rules or Regulations if any of Country or Countries, very especially the Copyright Laws.
You must not transmit any Worms or Viruses or any Code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services without any Notice either Written, Oral or any other mode.
SECTION 2 – GENERAL CONDITIONS
1. We reserve the right to refuse the service to anyone for any reason at any time but without arbitrary manner.
2. You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
1. We are not responsible if information made available on this site may not be accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
1. Prices for Our products are subject to change without any Notice either oral or written or any other mode.
2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without any Notice either oral or written or any other mode at any time.
3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
2. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour or shades of colour will be accurate in its true sense.
3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without any Notice either oral or written or any other mode, by reserving our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected at our optimum level.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed, otherwise will not responsible for any consequences incurred to you thereon.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability or responsibility whatsoever arising from or relating to your use of optional third-party tools.
3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you have an obligation and ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider or providers.
4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service and you are liable to obey the said Terms whatsoever manner for the time being in force.
SECTION 8 – THIRD-PARTY LINKS
1. Certain content, products and services available via our Service may include materials from third-parties.
2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction and we have no obligation or liability to entertain any Complaints, claims, concerns, or questions regarding third-party products and should be directed to the third-party whatsoever.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
1. If you send certain specific submissions (for example contest entries) with or without a request from us and if you send any creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that forward by you to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2. We may, but have no obligation to, monitor, edit or remove any content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false or fake or other e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible and liable for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
1. Occasionally there may be information on our site or in the Service that contains typographical or clerical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – DEVELOPMENT TERMS
• All quotes/estimates are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality may incur additional costs accordingly. Please ensure and clarify our understanding in pre-discussions.
• By accepting a quote, you agree to and accept the terms and conditions of ours. The Acceptance can be oral, by email, payment of Initiation.
• The Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your software requirement and ensure that you have been quoted on the right requirements.
• Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by us. We will make every effort to complete the project/changes in the given timeframe. Any reasonable delays or any delays pertaining to act of god are accepted if functionalities are redefined or modified.
• Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
• Any bugs (programming errors) reported during or just after the development does not attract additional charges.
• Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
• Any modifications requested during the development or after the Go-Live approval will incur additional charges. All such an additional work or works, over and above the estimates is charged separately. Under no circumstances will we be liable or responsible for any delays caused by any subsequent change in the project brief.
• Our Softwares are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, and Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance in written terms.
• If your software is not hosted on our server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
• Please note that at any stage during the project, stalling of the project for over two calendar months will incur $40/week administration costs. Furthermore, it may increase the previously approved estimates or may revise previous estimate. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
• Our software codes (not including open source software) are copyrights of Techffodils Technologies LLP. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling, any manner of alienation or duplication purposes.
• Lead MLM Software is a proprietary of Techffodils Technologies LLP. We own copyrights of all codes written for any client, unless or until arrangements are made prior to start of the project. We warrant a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. Our Software cannot be transferred to any external host; this includes any access to the software codes.
• Depending upon the functionalities required, there may be Third Party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Techffodils Technologies LLP does its best in recognising the suitability of any such component, any unforeseen limitations of Third Party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc.) are not included in our quotes and the same may be subjected to their prevailing Price List.
• We take no responsibility or liability of any open source products such as WordPress, Open Source carts, Joomla etc. It is client’s responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
• The client must recognize that at times there may be unforeseen circumstances or any act of god that will delay the development process particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period in consonance with such Third Party issues or any delay occasioned as the attribute of us as aforesaid, the client agrees not to penalize or impose liability on us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
• The Domain registration/renewal etc. charges are not included as a part of any project/proposal unless specifically mentioned otherwise. If required upon request, a quote incorporating such charges will be submitted separately and approved by the client.
• The Hosting charges will not be included in the quotations unless mentioned otherwise agreed contrary. We can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirement of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Techffodils will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
• We generally builds and tests the software/website on our own servers or hosted domains. We cannot give access to their test servers and test websites to the clients or any third party. The software/website can be transferred-off to a nominated Third Party server upon full payment of all invoices and dues.
SECTION 13 – PROHIBITED USES
• In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any International, State Federal or Provincial Laws, Rules, Regulations, or Local Ordinances prevailing or any other for the time being in force; (d) to infringe upon or violate our Intellectual Property Rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses together with institution of appropriate legal actions hereof.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
5. In no case shall Techffodils Technologies LLP, our Partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Techffodils Technologies LLP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the infringement of any rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and only the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time with written Notice to us that you no longer wish to use our Services, or when you cease using our site.
3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without any notice and you will remain liable for all cost and consequence thereto up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Laws of Kerala, India. In the event of any dispute arising from or in relation to the business between the Client and us, such a dispute shall be referred to arbitration in accordance with the Arbitration & Conciliation Act, 1996 or any Other Law relating to arbitration as may then be in force in India and the Arbitration will be conducted by the Sole Arbitrator appointed by us. The Venue of the Arbitration or Arbitration Proceedings shall be conducted at Calicut District of Kerala.
SECTION 20 – CHANGES TO TERMS OF SERVICE
1. You can review the most current or updated version of the Terms of Service at any time at this page.
2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes and deems the acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].