All rights reserved. SUKTHA SOLUTIONS PRIVATE LIMITED. No part of this document may be reproduced in any form, including photocopying or electronic transmission to any computer, without prior written consent of Suktha Solutions Private Limited. The information contained in this document is proprietary to Suktha Solutions Private Limited and may not be used or disclosed except as expressly authorized in writing.
1. Preamble
These Terms of Use (this "Agreement") set forth the terms and conditions that apply to your access and use of the website located at Suktha.com (the "Site"), and the information, tools, software, services, features and functionality — including content, updates and new releases — located on the Site (collectively, the "Service"), as owned and operated by Suktha Solutions Private Limited, a company incorporated under the Companies Act, 2013.
2. Accepting the Terms
By using the Service, you agree to be bound by this Agreement and Suktha's Privacy and Security Policy, which is incorporated into this Agreement, as each may be amended from time to time, whether you are a "Visitor" (simply browsing the Site) or a "Member" (registered with the Service). "You" or "User" refers to a Visitor or a Member. "We" refers to Suktha Solutions Private Limited. You represent that you have the capacity to be bound by this Agreement, or if acting on behalf of an entity, that you have authority to bind that entity.
3. Access to Services
You have been authorized to access our cloud solution Suktha as per the membership plan you have enrolled for. Your access and use of the Site and Service may be interrupted for reasons including unanticipated system failures, third-party hosting malfunctions, periodic updating, maintenance, repair, or other actions beyond our control. Your access is limited to the list of services offered under the respective plan; services shall not be interchangeable or edited according to user requirements.
4. Registration & Related Information
You must register with Suktha in order to use the application. Registration requires details such as your full name, address, phone number and email. You warrant that all data provided for registration is accurate and complete, and agree to report changes without undue delay. You are responsible for maintaining the confidentiality of your password. Suktha takes no responsibility for and disclaims any liability arising from a breach of confidentiality resulting from sharing or losing your password. If you become aware of any unauthorized use, notify Suktha immediately.
5. Payment
The User shall make prior payment (prepaid model) towards the subscription of the product "Suktha". The subscription shall be activated subject to realization/confirmation of payments. Payments may be made via NEFT, RTGS, Cheque, Cash or Payment Gateways allied with the Company. An invoice along with the payment receipt shall be mailed to the registered email after realization of payment.
6. E-mails and Phone Calls
By providing your email and phone number, you expressly authorize Suktha to contact you regarding account registration, changes to your account, updates to your information, questions related to retrieving information, customer service matters, or changes to the Service. Emails will be sent to the primary email address you provide. If your email or phone number changes, you are responsible for informing Suktha.
7. Intellectual Property Rights
The Service and the contents of the Site, including its "look and feel" (text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are protected under Indian intellectual property laws and other applicable copyright, trademark and other laws. Subject to your compliance with this Agreement, Suktha grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make individual use of the Service and Site. Title to any portion of the Service is not transferred to you.
8. Privacy and your Personal Information
For information about Suktha's data protection practices, please read our Privacy and Security Policy. This policy explains how Suktha treats your personal information when you access the Site and/or use the Service. The Privacy and Security Policy may be updated from time to time at our discretion; changes are effective upon posting.
9. Data Protection
Suktha recognizes that any data provided by the User is extremely important and shall be particularly sensitive in handling such data. Suktha complies with all applicable legal provisions regarding data protection. In particular, Suktha shall not provide or disclose personal data to any third party without authorization, nor sell User databases to any third party or external agents.
10. Access and Interference
You agree that you will not:
- post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or otherwise interferes with the proper working of the Site or Service;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising the Site or Service;
- solicit login information, Login IDs or personal information of another person, or access another person's account;
- copy the Service or any part thereof;
- use the Service for the purpose of gathering information to file a legal claim;
- attempt to breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Service or Site;
- interfere with other Users' or Members' use of the Site or Services;
- defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User, Member, employee, staff or agent of Suktha;
- do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Service;
- use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrape or index the Service;
- do anything illegal, infringing, fraudulent, malicious, or that could expose Suktha or its Users or Members to harm or liability; or
- facilitate or encourage any violations of this Agreement.
11. Children's Privacy
The services provided by Suktha are intended exclusively for persons of legal age. Suktha is not intended or designed to attract children under the age of 18.
12. Liability of Company
- The use of the Suktha site and content is at your own risk.
- When using the Suktha site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Suktha and its suppliers. Suktha assumes no liability for delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Suktha site.
- The Suktha site and content are provided on an "as-is" basis. Suktha and its suppliers, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including implied warranties of merchantability and non-infringement of third-party rights.
- Suktha does not warrant satisfaction of any government regulations requiring disclosure of information or approval or compliance of any software tools with regard to the content on the site.
13. Limitations on Company's Liability
Suktha shall in no event be responsible or liable to you or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from the site, your use of the service, or this agreement, even if Suktha has been advised of the possibility of such damages.
14. Modification of the Terms and Conditions
Suktha reserves the right to change these Terms at any time. After such modification the changed Terms will be offered for inspection immediately on the website. By continuing to use the website and other Suktha products after changes to the Terms, you agree to the revised Terms.
15. Termination of Agreement
This Agreement will continue to apply until terminated by either you or Suktha. If you want to terminate, you may do so by closing your account for the Service. Suktha may at any time terminate its legal agreement with you:
- if you have breached any provision of this Agreement or acted in a manner that clearly shows intent or inability to comply with the provisions;
- if Suktha, in its sole discretion, believes it is required to do so by law (for example, where the provision of the Service becomes unlawful); or
- if the payment is pending for the subscription for more than 15 days from the date of Invoice.
- Subscription can be cancelled within 30 days from the date of activation of account if the product does not meet user needs — refund shall happen on a prorated basis. Any cancellation after 30 days from the date of activation shall not be refunded.
All sections which by their nature should survive termination shall continue in full force and effect notwithstanding the termination of this Agreement.
16. Dispute Resolution
This Agreement, and your relationship with Suktha under this Agreement, shall be governed by the laws of India without regard to its conflict or choice of laws provisions. Jurisdiction for any dispute shall lie exclusively with the competent courts in India, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case Suktha may seek such relief in any court with jurisdiction over the parties.
All disputes and differences arising between the parties relating to any matter pertaining to the interpretation of this agreement, whether before or after the agreement, shall be referred to a single arbitrator if the parties agree, otherwise to three arbitrators — one to be appointed by each party — in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force.
17. Complete Agreement
Except as expressly provided in a particular "legal notice" on the Suktha site, this Agreement applies only to the Suktha website and does not cover any interaction you may have with Suktha by telephone, postal mail, or other offline communications. By using our services from the website you represent and warrant that you have read, understood and agree to comply with the terms and conditions of this EUA.