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Terms of Use

                                                                                                                                    

A.   Background

  1. These Terms of Use of website and Services (the "Terms") apply to the web site located at www.factsuite.com (“Website”). The Website is the property of QuinPro Info Services Pvt Ltd (hereinafter referred to as "Factsuite" or “Company”) and its licensors.
  2. The Company intends to provide background verification for the User himself, employees or support staff of an organization, or tenants of a premise, or any other person, including drug testing and medical check-up reports, or any other allied services (“Services”) to the Users of the Website who have entered into the Terms of Service (“Client User”) available at [Terms of Service ] (“Terms of Service”).
  3. These Terms is an electronic record in terms of Information Technology Act, 2000 and rules thereunder (“IT Act”), as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  4. These Terms applies to the use of the Website or Service, whether the Company provides it directly or use another party to provide it to the users of the Website or Service (hereinafter referred to as “User”).
  5. These Terms apply to every person using the Website or Services and such User agrees to abide by these Terms and shall be responsible for any violations. Accordingly, it is recommended that the User reads and understand the Terms carefully, before using the Website, to help the User understand how to protect their rights.
  6. Company grants the User a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to access and use the Website under the conditions as set out in the Terms.
  7. The User understands and agrees that the Company may modify or discontinue the Website or any of its features at any time in its sole discretion.

 

B.   Overview

  1. Last update date: 31/1/2022
  2. The User may contact the Company at Grievance@factsuite.com (“Grievance Officer”), in case of any questions, opinions or suggestions about the Policy or Personal Information protection, and the Company shall endeavor to revert to the User within 30 days, under normal circumstances.

 

C.   Users Eligibility

  1. Users of the Website or Services are natural persons, legal persons such as partnership firms, companies, limited liability partnership firms etc., and other organizations that have full capacity to avail the Services and access the Website and are able to assume legal responsibilities independently. If the User does not have the capacity to enter into these Terms, please refrain from entering into the same, and in such case, any liability arising out of these Terms will be borne by the User or the User’s guardian/ representative, as the case may be.
  2. The User agrees to abide by the Terms and any other rules and regulations imposed by the applicable law from time to time.Indiamart  
  3. These Terms applies to any person who accesses or uses the Website or Service for any purpose. Indiamart It also applies to any entity which may be represented by any person who accesses or uses the Website or the Services, under actual or apparent authority. User(s) may use the Website and/or Services solely for their personal/commercial/business purposes.

 

D.   User Registration

  1. User(s) can become “Registered User(s)” in case of a Client User, as per the Terms of Service (“Registration”). Once Registration process is completed, at the sole discretion of the Company, the user ID and password will be configured and shared with the User by the Company, to create a customer account. The Company can deny membership to any User, and refuse to create a customer account, with or without attributing any specific reason to the same.
  2. Details shared for Registration must be accurate, current, and complete, and should be kept up-to-date, and the same will be governed by the Company’s Privacy Policy located at [Privacy Policy ] ("Privacy Policy”).
  3. User IDs, passwords, and other access credentials (such as API tokens) for the access to the Website and/or Service should be kept strictly confidential and not shared with any unauthorized person. In the case User is a representative of the entity, the entity should revoke access to such representatives when they leave the organization.

 

E.   Use of the Website and/or Services

  • Subject to the obligations and restrictions under these Terms, the User may use the Website and the Services in the following manner:
    • For Registration to become Registered Users;
    • To access the details of the Services;
    • To upload/ download information required as part of eth Services.
  • An entity customer of the Company may permit its authorized personnel to use the Website and/or Services, provided their use is for such customer’s benefit only and remains in compliance with these Terms and subject to the relevant entity being responsible for all acts and omissions of such authorised representatives.
  • In connection with the User’s use of the Website and/or Service, the User will not, and will not allow any third party including the User who is an employee or a potential employee of a Client User, to share on or through the Website, or while using the Services or the live chat function or the “contact us” function (“Chat Function”), content that:
    1. is threatening, abusive, harassing, stalking, or defamatory;
    2. contains deceptive, fraudulent, false or misleading information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
    3. is intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
    4. violates any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
    5. is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
    6. contains vulgar, obscene, indecent or unlawful material;
    7. threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
    8. has politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
    9. contains hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
    10. infringes a third party’s intellectual property right(s), including copyright, trademark, privacy, publicity or other personal or proprietary right, unless the User have all necessary rights and consents to do so;
    11. uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
    12. downloads any file that the User knows, or reasonably should know, cannot be legally distributed in that way;
    13. falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
    14. restricts or inhibits another User from using and enjoying the Website of Services;
    15. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
    16. solicit business from any User(s) or third party, in connection with a commercial activity that competes with the Company;
    17. violates the usage standards or rules of an entity affected by the User’s use, including without limitation any ISP, ESP, or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
  • In connection with the User’s use of the Website and/or Service, the User will not, and will not allow any third party to:
    1. Use the Website and/or Services in any manner that could damage, disable, overburden, or impair the Website and/or Services; or
    2. engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force;
    3. to transmit any chain letters or unsolicited commercial or junk email to other Users via the Website and/or Services;
    4. attempt to gain unauthorized access to the Website and/or Services;
    5. make the Website and/or Services available to anyone other than authorized Users;
    6. sell, resell, rent or lease the Services unless explicitly permitted in writing;
    7. use the Website and/or Services to store or transmit malicious code;
    8. create derivative works based on the Website and/or Services unless the User have been explicitly authorized by us;
    9. willfully tamper with the security of the Website and/or Service or tamper with the Company’s customer accounts;
    10. access data on the Website and/or Service not intended for the User;
    11. reverse engineer the Website and/or Services or access the Services in order to: (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Website and/or Services; or
    12. use the Services for any purpose or in any manner that is unlawful under applicable laws or prohibited by under these Terms.The User shall at all times ensure full compliance with the provisions of applicable law including but not limited to the IT Act.

 

F.   Disclaimers

  • The Website and Services provides Users an electronic web-based platform which can be used as per Use of Website and Services. In this regard, the Company does not represent either the Client User nor the person subjected to the background verification as part of the Services (“Subject User”) in specific transactions and is not liable or responsible for:
    1. the response shared by the Client User to the Subject User in relation relying on the background verification report provided as per the Services by the Company.
    2. the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services.
    3. any disclosure of information concerning the User's account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition, the Company shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.
    4. any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted by any means using its Services.
    5. any dispute between the Client Users and the Subject User, and has no obligation whatsoever to be involved in any such dispute/s. In the event that the User has a dispute with one or more User/s, the User hereby undertakes not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or the Company’s service against the Company or/and their officers or/and employees or/and agents or/and successors.
    6. The User understands and agrees that any information or/and material and/or goods or/and services obtained through the service is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
    7. any the inaccuracy, lack of propriety, failure to meet lawfulness or truthfulness of any content made available on the Website, including the personal information of the Subject Users, by the User and/or in the User’s private messages while using the Chat Function by the third parties or other Users (“User Information”);
    8. in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content;
    9. User(s) activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
  • The Company does not have any role in developing the User Information displayed on the Website, if any. Company has no control over User Information as and Company is merely an intermediary under the IT Act for the purposes of these Terms.
  • Company has the right and not the obligation to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.

 

G.   Contents Posted on the Website

  1. The User agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights the User has in his/her information, in any media now known or not currently known, with respect to his/her User Information including the personal information of the Subject User, the User supplies the Company while Registration or through its Website or Chat Function, so that the Company is not violating any rights the User might have in User Information, while rendering the Services.  The Company shall be entitled to, use the User Information or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the User, provided any personally identifiable information will be used consistent with Company’s Privacy Policy. The User agrees that any content he/she post may be used by us, consistent with Company’s Privacy Policy, Terms of Service and these Terms, and the User is not entitled to any payment or other compensation for such use.
  2. The Company reserve the right, but have no obligation, to monitor, store or review, the User Information posted on the Website or shared through the Chat Function.
  3. Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or the spirit or letter of these Terms.
  4. Notwithstanding anything contained herein, THE USER REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE USER INFORMATION YOU POST ON THE WEBSITE AND IN THE USER’S PRIVATE MESSAGES shared through the Chat Function.
  5. The User’s correspondence or business dealings with, or participation in promotions of, advertisers or Users found on or through the Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the relevant Users. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Users on the Website.
  6. The User acknowledges and agrees that the Company is not responsible for the use of any personal information that the User publicly discloses or shares with others on the Website. Please carefully select the type of information that the User publicly discloses or shares with others on the Website and through the Chat Function.
  7. The User understands and acknowledges that the Company has no control over the third-party user generated content on the Website and the Company will not be held liable for such third-party content.
  8. User agrees that Company will have the right to generate aggregate/anonymous data from the User Information, which the Company may use for any business purpose at any time (including without limitation to develop and improve Company’s products and services and to create and distribute reports and other materials), in compliance with Company’s Privacy Policy.
  1. Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material including the User Information.
  2. Company disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Website and/or Services.
  3. THE WEBSITE AND SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE AND SERVICES. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE AND SERVICES. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR ADVERTISED ON THE WEBSITE AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE.
  4. THE USER UNDERSTANDS AND AGREES THAT THE USER DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AND SERVICES AT HIS/HER OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
  5. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

H.   Indemnity and Limitation of Liability

  1. In the event that any User has a dispute with any other user per Paragraph F (I) (e) above, such User agrees to release and indemnify the Company (and its agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
  2. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS OR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS (INCLUDING SUBSTITUTION OF SERVICES) ARISING OUT OF OR RELATING TO THESE TERMS OR ANY THIRD PARTY SERVICES DELIVERED IN CONNECTION HEREWITH EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY; AND IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO THE USER ARISING OUT OF OR AS A RESULT OF AN ORDER EXCEED THE FEES PAID BY THE USER IN RELATION TO THE RELEVANT SUBJECT USER UNDER THE RELEVANT ORDER WHICH GAVE RISE TO THE CLAIM OR IN ANY OTHER CASE INR 5,000, WHICHEVER IS LOWER.

 

I.   Intellectual Property Rights

  1. Company owns all copyright and all other intellectual property rights in this Website and Services and content thereof, other than User Information. Except as expressly provided, nothing contained in this Paragraph shall be construed as conferring any license or right with regards to the Company’s intellectual property. No materials available on the Website may be stored, transmitted by any means (including but not limited to electronic, mechanical, scanning, photocopying or recording) without prior written permission of the Company.
  2. The logos, trademarks and all service marks appearing on this Website are among the logos, trademarks and/or service marks owned or licensed by the Company, or its subsidiaries or affiliates or its vendors. Company does not grant any license or any rights thereof in logo, trademark or service mark to the User.
  3. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license to any patent, trademark or other intellectual property right of the Company or any third party. The Company makes no representations or warranties that any use of the information contained on this website will not infringe any such patent, trademark or other intellectual property right of any third party.
  4. Any User Information which the Company collects and which it may use in an aggregated format is the Company’s property. The Company may use it, in its sole discretion and without any compensation to the User, for any legitimate purpose including without limitation the commercial sale thereof to third parties.

 

J.   Privacy

Where the Company collects the User’s personal information as a result of the User’s accessing and using the Website and/or the Company’s Services, the Company’s Privacy Policy will apply to that information. Accordingly, these Terms must be read in conjunction with the Company’s Privacy Policy.

 

K.   Confidentiality

  1. User and the Company realize that some information received by one party from the other pursuant to the use of Website and the Service, shall be confidential. It is therefore agreed that any information received by one party from the other, and clearly designated in writing as "CONFIDENTIAL", including but not limited to background verification reports, at the time of transfer, shall not be disclosed by either party to any third party and shall not be used by either party for purposes other than those contemplated by these Terms and Company’s Privacy Policy.
  2. Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (ii) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party; (iii) is received from a third party without breach of any obligation owed to the disclosing party; or (iv) was independently developed by the receiving party.
  3. Further, the Company reserves the right at all times to disclose any information, including User Information, when compelled to so by any applicable law, regulation, legal process or governmental request; however, the Company shall, if permissible, provide the User notice of the same.

 

L.   Third-party products and integrations

The Company may through its Website, provide links to third-party websites. The Company does not make any representations or warranties with respect to such third-party websites. Further, the Company is not responsible for the practices employed by these websites, applications, or services linked to or from the Services or Website, including the information or content contained there. Such third-party websites are subject to that third party’s own rules, policies, and practices, and not the Company’s Terms.

 

M.   Policy Update

  1. These Terms are current as of the last updated date set forth above.
  2. The Company may periodically change these Terms to keep pace with new technologies, industry practices, and regulatory requirements, among other reasons.  While, the Company expects most such changes to be minor, the Company requests the Users periodically to review the changes

 

N.   Suspension of Services

The Company may suspend or terminate access to the Registered User’s account for availing Services if:

  1. any amounts remain due and payable upon completion of the payment period communicated to the User through the Terms of Service;
  2. there is unauthorized access to the User’s account;
  3. there is a violation of these Terms;
  4. the User’s use of the Website and/or Services is in violation of applicable laws or regulations;
  5. the User’s use of the Website and/or Services poses a risk to the Website or other Users of the Website and/or Services.

If the reason for the suspension continues for a period of 15 (fifteen) days, the Company may proceed, at its sole discretion, to terminate the User’s access to the Website and/or Services, without prejudice to other remedies that may be available under these Terms or applicable laws.

 

O.   Profanity Policy

  1. Profiles, profile names;
  2. Chat Function;
  3. Feedback module;
  4. Any information or documents uploaded by the User;
  5. Any other part of the Website which can be accessed by public or any User.
  • Any such action will be dealt in the following manner:
  1. Take any legal actions available to the Company against the User, based on any complaints received by the User, including criminal actions; and/or
  2. Remove Profane Content from the Website, suo-moto or based on any received complaint; and/or
  3. Suspension or termination of the User’s account.

 

P.   Contact Us

Please contact the Grievance Officer for any queries and concerns.

 

Q.   Opting Out

  1. The Company may send periodic promotional or informational emails to Users in accordance with their communications preferences. At any time, Users may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to thirty (30) business days for the Company to process opt-out requests
  2. Please note that, even after the User opts out from receiving marketing messages from us, the User may continue to receive transactional and product-related messages

 

R.   Force Majeure

Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, pandemics, lockdowns, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder and to take efforts to mitigate the effect of a force majeure event.

 

S.   Governing Law

  1. These Terms shall be governed by and construed in accordance with the laws of India and the Parties agree that they are bound by the laws of India for the purposes of these Terms and the Services. The Parties agree that the Company shall not be required to follow laws of any other jurisdiction, whether or not such User belongs to a different jurisdiction other than India.
  2. Parties shall try to resolve any dispute arising out of or in relation to these Terms by mutual discussions, failing which the same shall be submitted to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bangalore and the language of arbitration, English. Subject to the foregoing, the courts at Bangalore, India shall have exclusive jurisdiction.

 

 

                                                                                                                                                      GLOSSARY OF TERMS

                                    The following terms shall have the respective meanings given to them in the corresponding Clauses below:

                                                                                                   

Term

Reference

Chat Function

Para E.III.

Client User

Para A.II.

Company

Para A. I.

Factsuite

Para A. I.

Grievance Officer

Para B.III.

IT Act

Para A.III.

Privacy Policy

Para D.I.

Profane Content

Para O.I.

Registered Users

Para D.I.

Registration

Para D.I.

Services

Para A.II.

Subject User

Para F.I.

Terms

Para A. I.

Terms of Service

Para A.I.

Use of Website and Services

Para E.I.

User

Para A.IV.

 

 

 

 

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