Advith ITeC Pvt. Ltd. (“Advith ITeC”) is engaged in the business of providing tech enabled business support service relating to financial service requirements of its customers (“Services”) through the software, developed and owned by Advith ITeC under the name and style - “Advith ITeC Platform ”. The Services are provided through the online Website of Advith ITeC – www.advithitec.in (“Website”). The clients of the Customers (“Clients”) and their staff/consultant/employees and the staff/consultant/employees of the Customer including the representative of the Customer accessing the Website are referred to as the “Users” of the Website. The term “Customer” here refers to the customer of Advith ITeC who has entered into a software license cum service agreement with Advith ITeC.

The Users shall read these Terms carefully before using the Website.

Use includes creation or generation of report, loading or assigning work to Advith ITeC, delivery of work/report required by customer’s clients, loading of report for viewing by customer’s clients, using or viewing the Service. By using any part or whole of the Website, the Users indicate agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between Advith ITeC and the Users. If the User does not understand these terms, conditions, and disclaimers, or does not agree to and accept them, then the User may not use or view any part or whole of the Services.

1. Change to Terms

Advith ITeC reserves the right to change, amend, add, update and modify the Terms at any time without notice. User shall be responsible for regularly reviewing these Terms to obtain timely notice of such changes. User’s continued use of the Website after changes are posted constitutes their acceptance of the amended Terms. Violation of any part of the Terms will result in termination of the User’s account.

2. Access

Users are required to access the Website with the credentials (username & password) as provided by the representative of the Customer.

Users are responsible for all activities on or under their user account and Users accept all risks for any unauthorized use of their account.

3. Access Grant and Restrictions

The software underlying the Services is owned by Advith ITeC. Advith ITeC confers no title or ownership in the software. Subject to the terms and conditions of these Terms, Advith ITeC grants the Users a non-exclusive and non-transferable right to:

1. access the features and functions of the Services solely for the Users’ access to Services during the term; and
2. view, download, reproduce, and print the report made available to the Users through the Services. Advith ITeC may suspend access for any User who violates these Terms, provided that such violation is not cured within two (2) days of the User receiving written notice thereof. The User’s access to the Services will be suspended during the said cure period of two (2) days.

User agrees that the User will not:

1. Permit any third party to access and/or use the Service, other than the Users authorized under these Terms;
2. Rent, lease, loan, or sell access to the Services to any third party;
3. Interfere with, disrupt, alter, translate, or modify the Services or any part thereof, or create an undue burden on the Services or the networks or services connected to the Service
4. Reverse engineer, decompile, disassemble or otherwise attempt to obtain or perceive the source code from which any software component of the Services are compiled or interpreted, and Users acknowledge that nothing in these Terms will be construed to grant Users any right to obtain or use such code;
5. Access the Services in order to build or create a derivative, competitive or similar product or service or copy any ideas, features, functions or graphics of the Services; or
6. Introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services.

Users agree not to attempt to access any of the Services by any means other than through the interface that is provided by Advith ITeC nor to engage in any activity that interferes with or disrupts the Services or infringes on Advith ITeC’s and/or its third party vendors’ brand or intellectual property. Users will use the Services in conformance with all applicable laws. In addition, Users agree not to use, or encourage or permit others to use, the Services to:

1. Stalk and/or harass another;
2. Harm minors in any way;
3. Impersonate any person or entity, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers to disguise the origin of any content posted on or transmitted through the Service;
5. Use the Services or content such that it will mislead a third party into believing that he or she is interacting directly with Advith ITeC or the Service;
6. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
7. Access or use the Services in any manner that could damage, disable, overburden or impair any Advith ITeC’s server or the networks connected to any of Advith ITeC’s server;
8. Harvest, collect, gather or assemble information or data regarding other users without their consent.

4. Use by Minors

The Website shall not be used by minors. The Website is directed only to individuals who are permitted to legally enter into contracts in India and those who do not require consent from their natural/legal guardian to do so. Advith ITeC has hereby cautioned all Users of the same. However, if the Website is used by minors irrespective of such caution by Advith ITeC, then Advith ITeC shall not be responsible for any claims from any authorities/third parties regarding the same.

5. Prohibited Activities

Users shall not in any way use the Website or submit to the Website anything which in any respect is:

1. In breach of any law in India,
2. Fraudulent, criminal or unlawful,
3. Inaccurate or out-of-date,
4. Obscene, indecent, harassing, libelous, abusive, vulgar, profane, racist, discriminatory, offensive, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, defamatory, untrue or political, or otherwise unlawful,
5. Impersonates any other person or misrepresents a relationship with any person,
6. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice,
7. Gaining unauthorized access to other computer systems,
8. Interfering or disrupting networks or websites connected to the Website.
9. An infringement or breach of the intellectual property rights or privacy or other rights of Advith ITeC or any third party,
10. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner,
11. Contrary to the interests of Advith ITeC, or
12. Contrary to any specific rule or requirement that Advith ITeC stipulates on the Website in relation to a particular part of the Website or the Website in general.

6. Customer Data

Users grant Advith ITeC a non-exclusive, worldwide, royalty-free and fully paid license to use, copy, and display the Customer Data solely for the purpose of and to the extent necessary to provide the Services hereunder to the Users (“Customer Data”).

"Customer Data" means data, information or material provided or submitted by Customer or any User to the Website in the course of utilizing the Service including but not limited to the information relating to the Clients.

Users grant Advith ITeC non-exclusive, worldwide, royalty-free and fully paid license to use Users’ trademarks, service marks, and logos to provide the Services to the Users.

Users shall be responsible for and assumes the risk, responsibility and expense of:

1. Any problems resulting from, the accuracy, quality, integrity, legality, reliability, and appropriateness of all such Customer Data;
2. Customer Data violating or infringing any third party’s rights including, but not limited to, privacy, publicity or intellectual property rights.

7. Users’ Responsibility for their Customer Data

Notwithstanding anything to the contrary herein, Users are responsible for all Customer Data they create, make available or post to the Services, and Advith ITeC does not assume any responsibility thereof. The Customer Data shall be in English, shall be legally sound and not violate any laws in force. Users may expose themselves to liability if, for example and without limitation, their Customer Data contains material that is:

1. False, intentionally misleading, or defamatory;
2. Violates any third-party right;
3. Contains material that is unlawful, including illegal hate speech or pornography;
4. Exploits or otherwise harms minors; or
5. Violates or advocates the violation of any law or regulation. Accordingly, the Users agree that any and all Customer Data shall comply with these Terms and any policies and guidelines that may be posted by Advith ITeC from time to time. It is expressly made clear that the Users submitting the information of the Clients, for the purpose of providing Services, shall have obtained the prior consent of the Client for such submission/disclosure to Advith ITeC and/or for uploading on the Website for the purpose of providing the Services. It shall be the sole responsibility of the Users to conform with this requirement of law and shall keep and hold Advith ITeC indemnified against any claim/damages/suit initiated or brought by the Clients against Advith ITeC for violation of their privacy.

8. Damaging the Website

Users agree not to access without authority, interfere with, damage or disrupt:

1. Any part of the Website,
2. Any equipment or network on which the Website is stored,
3. Any software used in the provision of the Website, or
4. Any equipment or network or software owned or used by any third party.

9. Confidentiality

Each party agrees to:

1. Use the Confidential Information of the other party only for the purposes described and as permitted herein; and
2. Restrict access to the Confidential Information to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with these Terms. The foregoing provision will not apply to Confidential Information that
   a. Is or has become publicly known other than through breach of this Term; or
   b. Was in the possession of the receiving Party prior to disclosure by the other party; or
   c. Was received by the receiving Party from an independent third party who is not subject to an obligation of confidentiality to the disclosing Party; or
   d. was independently developed by the receiving party; Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required

1. In order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order will first have given written notice to the other party and made a reasonable effort to obtain a protective order; or
2. To establish a party’s rights under this Agreement, including to make such court filings as it may be required to do.

“Confidential Information” for the purpose of these Terms means any non-public material or information relating to a party including any details, documents, financial quotes, invoices, information, know-how etc., which it discloses or makes available to the other party under these Terms that such disclosing party treats as proprietary or confidential, unless otherwise set forth herein.

10. Privacy

The personally identifiable information disclosed by Users shall be subject to privacy policy of Advith ITeC accessible at Privacy Policy

11. Users Agree and Confirm

That the Users will use the services provided by Advith ITeC, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website

The User will provide authentic and true information in all instances where such information is requested of the User. Advith ITeC reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, the Users’ details are found not to be true (wholly or partly), Advith ITeC has the right in its sole discretion to reject the registration and debar the User from using the Services on the Website and / or other affiliated websites without prior intimation whatsoever.

That the Users are accessing the Services available on this Website and transacting at the Users’ sole risk and are using their best and prudent judgment before entering into any transaction through this Website.

The fee for the Services shall be agreed between the Customer and its Clients and the same shall vary depending on the scope of work and arrangement between the Customer and its Clients. It is hereby clarified that considering the business module, Advith ITeC has no policy of refund or cancellation. However, if there is any refund or cancellation claimed by any Customer and its Clients, the same shall be made as per the agreed terms between Advith ITeC and the Customer and its Clients.

12. Limitation of Liability

Advith ITeC shall not be liable for any claims, demands and damages of any kind arising from the Users’ use of or inability to use the Website. Advith ITeC shall not be responsible for any claims, demands and damages of any kind arising out of or in any way connected with any disputes arising between the Users and third parties or among different Users.

Users assume all responsibility and risk with respect to their use of the Website. Users agree and understand that, to the fullest extent permitted by law, Advith ITeC disclaims all warranties, representations and endorsements either express or implied with regard to the Website. If information provided by Users is misleading or incorrect, Advith ITeC shall not be liable for the same and there shall be no such claims against Advith ITeC in the said regard.

Users agree not to reproduce, duplicate, copy or re-sell the Website or any part thereof except as may be permitted by these Terms. Any such unauthorized use of the Website by the Users will make them liable to pay Advith ITeC damages.

In no event shall Advith ITeC be liable to Users for any consequential, special, incidental or indirect damages of any kind arising out of the performance or use of the services, even if Advith ITeC has been advised of the possibility of such damages.

In case of force majeure beyond the control of Advith ITeC such as the Website, or any software related to that, being hacked by third parties, network issues, etc., Advith ITeC shall not be held responsible for any claims from Users.

Advith ITeC shall not be responsible in the event of any third party claim that the Website or the possession and use of the Website by any User infringes such third party’s intellectual property rights.

User represents and warrants that the use of the Website will strictly be in accordance with these Terms and with all applicable laws in India regarding online conduct. Advith ITeC shall not be held responsible for the same. User further agrees that this is a binding agreement between Advith ITeC and User and that User is legally competent to accept these Terms, as per laws of India.

ADVITH ITeC PROVIDES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE UNDERLYING SOFTWARE ARE PROVIDED TO USER ON AN "AS IS" AND "AS AVAILABLE" BASIS. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETH¬ER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR USER'S PURPOSES. ADVITH ITeC DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. ADVITH ITeC IS NOT RESPON¬SIBLE FOR SOFTWARE INSTALLED OR USED BY CUSTOMER OR USERS OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET.

13. Indemnification

User agrees to indemnify Advith ITeC against any and all losses, expenses, damages and costs resulting from the use of the Website not in accordance with these Terms and/or any violation of these Terms or the applicable laws. Advith ITeC has the right to assume the exclusive defense and control of any demand, claim or action arising herein or in connection with the Website and all negotiations for settlement or compromise. User agrees to fully cooperate with Advith ITeC in the defense of any such negotiations as requested by Advith ITeC.

14. Intellectual Property Rights

Advith ITeC retains all right, title and interest, including without limitation to the intellectual property rights upon and relating to the Website, including but not limited to, all software, technology, documents, products, logos, graphic, sounds, images, information, content materials, guidelines and documentation. User will not acquire any title, right or interest therein, except for the limited use rights expressly set forth in these Terms. Any rights that Advith ITeC does not expressly grant herein are deemed withheld. It is clearly and well understood by and between the parties that Advith ITeC is in no way transferring or assigning its proprietary rights of the Website to User or any other party and it shall remain the exclusive property of Advith ITeC. Advith ITeC reserves the right, at its sole discretion, to modify, change, update and/or enhance the Website. Advith ITeC also reserves the right, in its sole discretion and at any time, to terminate the Users’ access to the Website and/or any of its services without liability to the Users or any third party.

15. Third Party Websites

User must comply with any applicable third party terms of agreement when using the Website. Advith ITeC has no control over and accepts no responsibility for the content of any third party links from the Website. The linked websites or mobile applications are provided for the User’s convenience without any warranty, express or implied, for the information provided within them. Advith ITeC does not provide any endorsement or recommendation of any link of a third party website or mobile application. The terms and conditions, terms of use and privacy policies of those third party website or mobile applications will apply to User. Advith ITeC shall not be liable for any queries, concerns or complaints about such third party website or mobile applications. It is the Users’ responsibility to take precautions to ensure that whatever is selected for use is free of viruses or other items of a destructive nature.

16. Severability

In the event of invalidity of any provision of these Terms, the parties agree that such invalidity shall not affect the validity of the remaining portions of these Terms.

17. Termination

This service will terminate automatically, without notice from Advith ITeC, if the User fails to comply with the Terms. Upon termination, the User shall immediately discontinue use of the Services and destroy all copies of the Services.

Not with standing termination, the following provisions shall survive: Users Agree and confirm clause, Users’ responsibility for their Customer Data, Users’ Indemnification, Confidentiality and Limitation of Liability. All other rights granted under this service will cease upon termination.

18. Waiver

The failure of either party to insist upon a strict performance of any of the terms or provisions herein or to exercise option, right or remedy herein contained, shall not in future be construed as waiver or a relinquishment of such terms, provisions, option, right or remedy, but the same shall continue and remain in full force and effect. No waiver by either party of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by such Party.

19. Governing Law, Dispute Settlement and Jurisdiction

These Terms shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of these Terms. In the event of any dispute or difference either in interpretation or otherwise, of any terms of this Terms between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Advith ITeC and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore - Karnataka. The Courts at Bangalore - Karnataka alone shall have the jurisdiction and the Laws of India shall apply.

20. Miscellaneous

This Terms (and the Privacy Policy of Advith ITeC along with any other terms and conditions specified by Advith ITeC, such as those sent via email, etc.) contains all the terms agreed between the parties regarding the Website, Service and its use and supersedes and excludes any prior terms and conditions between the parties save and except any written agreement entered into between the parties, which shall prevail over these Terms in case of conflict.