Terms of Use
Last Updated: January 23, 2022
General Terms
This Terms of Use is drafted in conformity with the Information Technology (Intermediaries Guidelines) Rules, 2011 specified under the Information Technology Act, 2000 in order to regulate the terms and conditions of usage and access to Platform (as defined herein) and the Services (as defined herein). No physical or digital signature is necessitated in order to validate this Agreement.
This Terms of Use (“Terms”) is an agreement between the client (“You”, “Your” and “User”) and NeoTadd (“NeoTadd”, “We”, “Us” and “
Acceptance of the Terms
For You to accept these Terms, You shall be of majority age (18 and above). In the case that You do not accept these Terms, You shall not avail our Services as is provided through Our Platform. You can accept the Agreement by checking the checkbox or clicking on “I AGREE” or by actually availing our Service.
These Terms applies to every user who uses or accesses the Services. It also applies to any legal entity which may be represented by you under actual or apparent authority.
These Terms are subject to modifications, at our sole and absolute discretion. Further, we may from time to time formulate new policies for availing all or any of the Services. The most current version of the Terms will supersede all previous versions. You understand that your continued use of the Services after any changes to the Terms or addition of new policies constitutes your acceptance to be bound by the most recent version of the Terms. If the Terms (including changes and additions thereto) are not acceptable to you, you have the absolute right to terminate your Account by writing to us info@neotadd.com.
Description of Services
Our Services provided from the Platform include but are not limited to the following:
NeoTadd, the end-to-end ERP solution, offers a full-length automation and optimization of business processes by integrating them to support the growth and agility of Telecom business. NeoTadd's services are available in multiple pricing models which are categorized in detail at http://test.neotadd.com/pricing".
We believe in continuous development in order to meet the industry standards and provide you with better Services, therefore, we reserve the right to modify, remove or rename our Services at our sole discretion.
Registration and On-boarding
- We believe in providing simple and easy access to Our Services. To access any of the Services you can sign-up by using the online sign-up process or contact Us at info@neotadd.com as provided on the Platform. After taking all the relevant information from you, we will register and create an account (“Account”) on the Platform for Your access to the Platform and to use the Services.
- You will be provided with only one Account that will be in Your official company name/real name and subject to You not being restricted by Us or applicable laws to use the Platform.
- We will provide a User ID and password (“Credentials”) to You for access to the Platform and Services thereof.
- You hereby, expressly consent to receive communications and newsletters from NeoTadd by SMS, e-mails, phone calls, in-app notifications or any other means. You can restrict such communications and newsletters only by de-registering your Account.
- Any person who is Our competitor and a representative of our competitors in any capacity is not allowed to access or use the Platform in any case.
- You can always choose to disable Your Account by writing to us at info@neotadd.com. Once You disable Your Account, you shall cease to have any access to our Services through the Platform.
- You are responsible for maintaining the confidentiality of Your Credentials, and You are fully responsible for all activities that occur under your Account. In the event that You detect any unauthorised use of Your Account or breach of Your Account, You shall inform Us immediately.
- You will be held responsible for any losses incurred by NeoTadd or other User due to unauthorized use of the Account which is a consequence of Your inability to secure Your Account.
License to the Platform
- 01 Subject to Your compliance with each provision of these Terms, NeoTadd hereby grants You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Platform to access the Service in accordance with these Terms.
- 02 You shall under no circumstances share the access of the Platform with anyone else without attaining our permission for the same.
- 03 Except the rights and interests that are provided to You under these Terms, unless otherwise specified, you shall no other right or interest whatsoever in the use of Platform and/or Services.
- 04 You acknowledge that NeoTadd reserves the right but is not obligated to monitor your posts and if you provide any false information or NeoTadd has reasonable grounds to believe that such information is untrue, inaccurate, not current, incomplete, inappropriate or offensive, NeoTadd shall have the right to remove such posts and further, without any prejudice, suspend or terminate User's Account and deny any and all current or future use of the Services.
Third Party Service Provider
- For the provision of Services, ease of access of the Platform by You and any other reason that we deem necessary for the business purpose of NeoTadd, we at our sole discretion, reserve a right to use any third-party service providers.
- The information and data shared by You with us shall only be shared with these third-party service providers in accordance with these Terms and the Privacy Policy which is available on the Platform.
- Any commercial/contractual terms offered by and agreed to between Users and third-party service providers are applicable only to such User and the third-party. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties etc. related to Services. NeoTadd does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial/contractual terms between Users and third-party service provider.
- NeoTadd does not exercise any ownership, control or supervision over the third-party service provider or their services. NeoTadd makes no representation or provides no warranty and guarantee (express or implied) for the services offered through the third-party service provider, even if the services have been availed or sought to be availed through NeoTadd Platform. Any claims, actions or inactions relating to the services availed from third party service provider should be settled inter-se between you and the third-party service provider.
Fee for Use of Services
- 01 Pursuant to Your use of the Product(s) and/or Service(s) You will be liable to pay such fees as shall be communicated by NeoTadd to you directly or by way of subscription in a manner provided on the Platform.
- 02 The payments may be made by You, via credit, debit card and net banking facility, UPI, wallets or any other means. You understand, accept and agree that the payment facility provided by NeoTadd is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks.
- 03 While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You. All payments made against the Services on Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
- 04 In the event any tax such as GST or the like is chargeable by NeoTadd in accordance with any local, state, provincial or foreign laws with respect to Your use of our Services (“Taxes”), NeoTadd will invoice You for such Taxes. You agree to pay NeoTadd such Taxes in addition to the any payments due under these Terms.
Availability of Services
All or any of the Services offered through the Platform may be temporarily unavailable or may not be offered to You, for various reasons which could include but not limited to Your geographic limitations, or prohibition/restrictions under applicable laws or policies or due to any technical faults or interruptions.
Platform Content
- Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights, unfair competition laws and other applicable national and international laws and conventions. We reserve all rights not expressly granted to You in and to the Platform, the Content and the Marks.
- NeoTadd cannot and does not guarantee or warrant that files available for downloading through the Platform will be free of infection by software viruses or other harmful computer code, files or programs.
- Unauthorized use of the Content/Platform may violate copyright, trademark, and other laws. The Platform and none of the Content shall be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed for any commercial purpose whatsoever, without Our express prior written permission.
Platform Management
We reserve the right, but not the obligation, to:
- Monitor the Platform for violations of these Terms of Use;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities;
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable the access of any Services or any portion thereof;
- In Our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and
- Otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
Third Party Applications
NeoTadd’s Services integrate with many third party applications ("Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications ("Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that NeoTadd is not liable for any Third Party Applications. While we will try to provide You with advance notice, whenever reasonably possible, You acknowledge and agree that NeoTadd may, at any time and in our sole discretion, and without any notice to You, suspend, restrict or disable access to or remove from the Services, any Third Party Application, without any liability to You, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
User Representations
By using the Platform, You represent and warrant that:
- You have the legal capacity and You agree to comply with these Terms;
- You are not a minor in the jurisdiction in which You reside;
- You will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Platform for any illegal or unauthorized purpose; and
- Your use of the Platform will not violate any applicable law or regulation.
If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof).
Prohibited Activities
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Platform, You agree not to:
- 01 Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
- 02 Trick, defraud, or mislead Us and other Users, especially in any attempt to learn sensitive account information such as User Credentials.
- 03 Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
- 04 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
- 05 Use any information obtained from the Platform in order to harass, abuse, or harm another person.
- 06 Make improper use of our support services or submit false reports of abuse or misconduct.
- 07 Use the Platform in a manner inconsistent with any applicable laws or regulations.
- 08 Use the Platform to advertise or offer to sell goods and services.
- 09 Engage in unauthorized framing of or linking to the Platform.
- 10 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
- 11 Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- 12 Delete the copyright or other proprietary rights notice from any Content.
- 13 Attempt to impersonate another user or person or use the username of another user.
- 14 Sell or otherwise transfer Your profile.
- 15 Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- 16 Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- 17 Harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Platform to You.
- 18 Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- 19 Copy or adapt the Platform’s software, including but not limited to, PHP, HTML, JavaScript, or other code.
- 20 Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way jeopardizing any part of the Platform.
- 21 Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
- 22 Make any unauthorized use of the Platform, including collecting Credentials of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- 23 Use the Platform as part of any effort to compete with us or otherwise use the Platform for any revenue-generating endeavour or commercial enterprise.
Privacy Policy
We care about data privacy and security. By using the Platform, you agree to be bound by our Privacy Policy posted on the Platform, which is deemed to be incorporated into these Terms of Use. Please be advised the Platform is hosted in India. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Platform, you are transferring your data to India, and you agree to have your data transferred to and processed in India.
Disclaimer and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE PRODUCT AND/OR SERVICES IS AT YOUR SOLE RISK. THE PRODUCT AND SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. NeoTadd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NeoTadd MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM NeoTadd, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU AGREE THAT NeoTadd SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE AND THE SERVICES OF ANY THIRD-PARTY SERVICE PROVIDER SO ENGAGED UNDER THESE TERMS, EVEN IF NeoTadd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL NeoTadd’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU DURING THE TWO (2) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
Indemnity
You agree to indemnify and hold harmless NeoTadd, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms herein, or any other claim related to your use of the Services, except where such use is authorized by NeoTadd.
Force Majeure
NeoTadd shall not be liable for any failure to perform any obligations under these Terms, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of NeoTadd and in such case our Services under these Terms shall be suspended for so long as such event continues.
Miscellaneous
- We may modify these Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with a notice of the changes either through the Platform or by email to your primary email address. You may choose to terminate your use of the Services or disable Your Account through the Platform if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Services offered on the Platform following the posting of changes to this Terms will constitute Your specific and explicit consent and acceptance of those changes.
- Any violation of this Term or any indecent action towards third party service provider will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, users will not receive any credit or payment or refund from NeoTadd. Without limiting NeoTadd of other remedies, You must pay NeoTadd for all fees owed to us and reimburse NeoTadd for all losses and costs (including any and all NeoTadd associate, officers or representatives time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees. In the event of termination, you will have no claim whatsoever against NeoTadd in respect of any such suspension or termination of your membership but you shall settle all dues owed to NeoTadd upon the termination.
- You, acknowledges that no joint venture, partnership, employment, or agency or “service provider-consumer” relationship is crated or exists between You and NeoTadd, as a result of the Your use of the Platform.
- NeoTadd’s performance under these Terms is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of NeoTadd's right to comply with law enforcement requests or requirements relating to a member's use of NeoTadd or information provided to or gathered by NeoTadd with respect to such use.
- The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. NeoTadd, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. NeoTadd does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- You shall not assign any rights or obligations arising under this Term, whether by operation of law or otherwise, without the prior written consent of NeoTadd. You agree that NeoTadd may subcontract certain aspects of the Service to third party service providers for the fulfillment of Services as per these Terms.
- Any claim or controversy that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a person nominated by NeoTadd whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Hyderabad and the process shall be in English Language.
- Notwithstanding the foregoing, if you breach or threaten to breach any provision of this Agreement you acknowledge that irreparable harm will result to NeoTadd if you breach any obligation under this Agreement and you acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, you agree that NeoTadd shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
- In the event that any provision of this Agreement is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. NeoTadd’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.
- These Terms shall be governed by the laws of India and in case of any dispute between you and NeoTadd, in relation to the Services, the Courts of Hyderabad shall have exclusive jurisdiction.
Grievance Redressal
In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, our Grievance Officer, Ashish P, can be contacted by sending an email to info@neotadd.com.