TERMS OF USE (18/10/2023)
Terms and Conditions
INTRODUCTION
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
This domain name called ‘www.saleschat.pro’ and ‘www.cloudconverse.in’ (collectively, the “Platform”) is owned by Cloud Converse Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered address at GD-3, Suyog Industrial Estate, LBS Marg, Opp Vitram Glass Factory, Vikhroli (W) Mumbai - 400083, India (hereinafter, referred to as the “Company”, which expression shall, unless it be repugnant to the context thereof, be deemed to include its successors, affiliates, and permitted assigns).
These terms of use (“Terms”) govern your use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs that the Company may make available through the Platform and any services that the Company may provide through the Platform. In order to use the Platform, you must first agree to these Terms, and terms and conditions of any other Third Party Application (defined hereinafter) which may facilitate the use of the Platform. By accepting the Terms as stated hereunder you agree and undertake that you are giving a free, specific, informed, unconditional and unambiguous consent to the Company; and concluding a legally binding contract with the Company for the purposes specified herein.
Subject to applicable laws, the Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and will notify you at least once in a year, or whenever there is a change in these Terms (as the case may be), by email or by posting a conspicuous notice on the Platform. Your acceptance of the revised terms of use and thereafter, use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to these Terms. As long as you comply with these Terms, the Company grants you a personal, revocable, non-exclusive, non-transferable, non-sub-licensable, and limited license to access and use the Platform.
The general terms of service contained in Section A herein govern your use of any of our services on the Platform and the information accessible on or through this Platform, on top of any other terms that apply to a specific service you are using (“General Terms”). Please see below for the General Terms.
Should you access or use the ‘Saleschat Quick Solution’ as available on Platform (“SQS”), the specific terms of service contained in Section B (“Specific Terms for SQS Services”) shall apply in addition to the General Terms. Please read below for the Specific Terms for SQS Services.
Should you access or use the ‘Saleschat API Based Solution’ as available on the Platform (“SABS”), the specific terms of service contained in Section C (“Specific Terms for SABS Services”) shall apply in addition to the General Terms. Please read below for the Specific Terms for SABS Services. For the sake of clarity, Terms shall collectively mean and refer to the General Terms, Specific Terms for SQS Services, and Specific Terms for SABS Services.
You should read these Terms and access and read all further linked information, if any, that shall apply to you as a User (defined hereinafter) of the Platform including but not limited to the Company’s privacy policy (“Privacy Policy”); as is hereby incorporated by reference into these Terms. If you are unwilling or unable to be legally bound by these Terms, please do not give your consent or use the Platform. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Platform; or (b) if you are not of legal age to form a binding agreement with the Company.
SECTION A GENERAL TERMS OF SERVICE
1.DEFINITIONS
In these Terms, the following words and expressions shall bear the meanings ascribed to them below:
“Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
“Personal Information” shall mean and include any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such a person, which may be provided by the user to the Company on the Platform.
“Third Party Application(s)” shall mean any social media application, including WhatsApp, LinkedIn, Line, Facebook and any other third-party application that involves interaction and communication between two individuals by way of calls, messages, photos and videos.
“User(s)” shall mean any customer or user who visits the Platform or avails the services on the Platform.
“User Account(s)” shall mean the online account(s) created exclusively for you and which shall be used by you to avail services through the Platform; and is created in accordance with these Terms.
“User Data” shall mean all information related to you or any other user of the Platform which is collected through your use of the Platform and shall include without limitation, any Personal Information of the User, passwords, contact information, display pictures, call data, browser related data and any sales related conversation between you and any third party.
2.ELIGIBILITY
Use of the Platform is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Platform. A minor (i.e., a person who is under the age of 18 years) or a person with disability shall not use or transact on the Platform without requisite consent from the parents or the legal guardian of such person. The Company reserves the right to terminate any User’s membership and/or refuse to provide such a Person with access to the Platform if it is brought to the notice of the Company or if the Company discovers for itself that such User is not eligible to use the Platform.
3.ACCEPTANCE OF TERMS
You shall be deemed to have accepted these Terms by (a) clicking to accept these Terms, when prompted on the Platform; (b) logging onto the Platform by using the Login Credentials (defined hereinafter) or such other credentials as may be communicated to you by the Company from time to time; or (c) actually using the Platform, in which case, you understand and agree that the earlier affirmative consent given by you on the Platform shall be treated by the Company as a continued acceptance of the Terms.
4.USER ACCOUNT, USERNAME AND PASSWORD
In order to avail either the SQS Services and the SABS Services, you will have to create the User Account by signing up on the Platform which can be done by providing/using such login credentials that are adopted by the Company from time to time and duly intimated to you, for setting up a User Account on the Platform, including without limitation, phone number, email and password. Upon entering the required details, your User Account may be verified by such other auto verification process adopted by the Company from time to time and duly intimated to you, and upon completion of verification, the User Account is created and is ready for use. Once your User Account is created, you will need to link your User Account as per the specific sign up process provided under Section B and Section C. While signing-up on the Platform, you shall not use a User Account that is the name of another Person with the intent to impersonate that Person.
Once registered, you may log into the User Account by way of either (a) the cell phone number with password; or (b) the email address with password; or (c) such other login credentials that are adopted by the Company from time to time and duly intimated to you for logging into the User Account on the Platform, used at the time of signing-up (“Login Credentials”).
You shall be solely responsible for maintaining confidentiality of the Login Credentials, and you hereby accept responsibility for all activities on any User Accounts authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. Any unauthorized or fraudulent use of the Platform through any User Account shall be the responsibility of the User. The Company cannot and will not be liable for any loss or damage arising from or arising out of your use of the Platform, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the Platform using any User Accounts.
In case of any misappropriation or unauthorised access of any User Accounts, you agree to communicate the same to the Company immediately. You shall further ensure that you log in and exit/logout from all User Accounts at the end of each session or at the time indicated by the Company.
You agree that the information provided by you to the Company, at all times (including during registration), will be true, accurate, up-to-date, and complete. The Company shall have the right to indefinitely suspend or terminate or block access to the User Account on the Platform and refuse to provide you access to the Platform in the event it discovers, or has reasonable grounds to suspect that the information provided is/has become untrue, inaccurate, not up-to-date, incomplete, or not in accordance with these Terms.
The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by the Company or other visitors of the Platform due to authorised or unauthorised use of your User Account, as a result of your failure in keeping the Login Credentials confidential.
5.PAYMENT FACILITY
You understand that pursuant of the use and access to the Platform and the provision of SQS Services and the SABS Services, you may be required to pay such charges as may be agreed between you and the Company from time to time in the manner agreed between you and the Company. Such charges shall be inclusive of any applicable taxes which will be borne by you.
The Platform permits payment of the charges communicated to you via. various modes including online payments through debit/credit cards, internet banking and/or any other payment aggregators integrated in the Platform for the purpose of carrying out such payment services.
While availing any of the payment method/s available on the Platform, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to (a) lack of authorization for any transaction(s); (b) exceeding the preset limit mutually agreed between you and bank/s; (c) any payment issues arising out of the transaction; or (d) rejection of transaction for any other reason(s) whatsoever.
All payments made by you for availing the SQS Services and SABS Services on the Platform shall be compulsorily in Indian Rupees. It is expressly clarified that the Company will not facilitate transactions with respect to any other form of currency with respect to the transactions made on the Platform.
You acknowledge that the Company will not be liable for any damages, interests or claims, losses resulting from or suffered on User Account for not processing a transaction/transaction amount or any delay in processing a transaction/transaction amount which is beyond the control of the Company.
6.USE OF THE PLATFORM
You agree, undertake and covenant that, during the use of the Platform, you shall not host, display, upload, modify, publish, transmit, store, update or share any information, including User Data, that:
belongs to another Person and to which you do not have any right.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever.
is misleading in any way.
is harmful to minors.
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).
provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, User Account information or information of other Users/visitors of the Platform, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users/visitors of the Platform.
engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising, etc.
interferes with another user/visitor’s use of the Platform.
impersonates another Person.
threatens 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 foreign states.
refers to any Platform or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
deceives or misleads the addressee/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another User/visitor.
is in the nature of an online game that is not verified as a permissible online game.
is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.
violates any applicable law for the time being in force.
You hereby agree and undertake to maintain and ensure that you have obtained adequate approvals/consent as required under the applicable laws from the third parties (including, other Users) whose chats, conversations and/or User Data (as the case may be) is accessed by you while availing the SQS Services and the SABS Services. The Company cannot and will not be responsible, under any circumstance whatsoever, for any breach of this provision.
You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge than in no event and under no circumstances shall the Company be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s account at any time. You agree and acknowledge that you shall not use the Platform for any illegal or unauthorized purpose/activities and shall comply with all applicable laws pertaining to your use of the Platform. You further agree and acknowledge that you shall use the services provided on the Platform only for business purposes and not for your personal use.
The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure your compliance with these Terms or applicable laws, at its sole discretion. You, being the originator of the User Data, are responsible for the User Data that you upload, post, publish, transmit or otherwise make available on the Platform. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Data and shall not post any User Data which may violate any terms and conditions of any other Third Party Application used pursuant to providing the SQS Services and the SABS Services. You further represent that all such User Data will be in accordance with applicable laws. You acknowledge that the Company does not endorse any User Data on the Platform and is not responsible or liable for any User Data. The Company, at its sole discretion, reserves the right to remove any User Data which violative of these Terms.
You represent and warrant that you own or otherwise control all of the rights to the User Data that you post on the Platform; and that, as at the date that the User Data is posted or uploaded on the Platform: (a) the User Data is accurate; (b) use of the User Data you supply does not breach these Terms; and (c) such User Data is lawful.
7.AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms consent to the receipt of communication from the Company by way of in-Platform messages, SMS messages, WhatsApp, e-mails, promotional and marketing calls and newsletters. These messages, emails and calls could relate to your registration or the transactions that you carry out through the Platform and promotions that are undertaken by the Company.
8.USE OF THIRD-PARTY APPLICATIONS
The Platform may use Third Party Applications for the purpose of providing seamless effective services. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third Party Applications. The Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such Third-Party Application.
9. INTELLECTUAL PROPERTY RIGHTS
Except for the User Data, all of the services provided on the Platform, including text, software, scripts, code, designs, reports, analytics. graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by the Company or others (including without limitation, the third-party service providers) that the Company licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. You thereby agree to protect the proprietary rights of the Company during and after the term of these Terms.
You shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Platform; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) use the Platform for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any services offered by the Company whether via. the Platform or other websites/mobile applications associated with the Company; or (i) derive any confidential information, processes, data or algorithms from the Platform.
Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.
10.RIGHTS & RESERVATIONS
The Company reserves the right to:
Make all decisions in relation to inter alia your registration with the Company and request additional documents and additional information from you for the purpose of your registration as a User with the Platform; and
Deny access to the Platform or any portion thereof without notice for the following reasons: (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under these Terms; and/or (iii) violation of any of the provisions of these Terms or any applicable laws.
11.TERMINATION OF ACCESS TO THE PLATFORM
Your User Account can be terminated at any time by (a) You, by withdrawing your consent and ceasing to use the Platform by writing to us at info@saleschat.pro; or (b) the Company, in its sole discretion for any reason or no reason, including your violation of these Terms or lack of use of the Platform. You acknowledge that the termination of access to the Platform may be affected without any prior notice, and the Company may immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the services provided on the Platform, subject to applicable law.
The User Data saved under your User Account in relation to the SQS Services and the SABS Services shall remain accessible for a certain period of time on the Platform, as the Company deems fit, upon termination, subject to applicable law. The Company reserves the right to delete all such User Data in the normal course of operation, and you hereby acknowledge and agree that all such information once deleted by the Company, cannot be recovered and that the Company shall not be liable for any loss of data in such circumstances.
The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
12.REPRESENTATIONS
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.
13.LIMITATION OF LIABILITY
In no event shall the Company or its affiliates, and their respective officers, directors, employees and agents be liable for any special, incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content provided on the Platform; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the services on the Platform or the failure of the Platform to remain operational for any period of time; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (e) any loss of your data arising from any use of or inability to use any content provided on the Platform or other parts of the Platform; (g) your failure to keep Login Credentials or User Account details secure and confidential; and/or (h) any errors or omissions in any content provided on the Platform or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The Company shall not be liable under any circumstance for damages arising out of or in any way related to products, services and/or information offered or provided by third parties through the Platform.
14.DISCLAIMER OF WARRANTIES
1.THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "MATERIALS") ARE PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE MATERIALS AND THE ACCURACY OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE PLATFORM OR CONTENT THEREIN SHALL CREATE ANY WARRANTY. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE MATERIALS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT THE COMPANY DOES NOT WARRANT THAT THE ACCESS TO THE SERVICES, WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND THE COMPANY’S CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE. THE COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH OR THAT: (A) THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATE; OR (B) THE SOFTWARE (OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE) WILL MEET YOUR BUSINESS OR OTHER REQUIREMENTS OR EXPECTATIONS.
THE CONTENT ON THE PLATFORM OR OTHERWISE IS PROVIDED FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON THE PLATFORM.
YOU ACKNOWLEDGE THAT THE (A) CONTENT ON THE PLATFORM HAS BEEN MADE AVAILABLE TO YOU ON THE BASIS OF INFORMATION PROVIDED BY YOU TO THE COMPANY; AND (B) THE COMPANY MAY OBTAIN DATA FROM THIRD PARTIES FOR PROVIDING THE SERVICES, THE ACCURACY OF WHICH HAS NOT BEEN INDEPENDENTLY VERIFIED BY THE COMPANY AND THE COMPANY IS NOT LIABLE FOR THE SAME.
15.INDEMNIFICATION
You shall indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, its licensors and licensees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed or losses, or damages incurred due to or arising out of your breach of these Terms, Privacy Policy, other terms and conditions of any Third Party Application used to provide the SQS Services or the SABS Services, or your violation of any applicable law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party, including another user/visitor of the Platform.
16.FORCE MAJEURE
The Company shall not liable or deemed to be in breach for a delay or failure in performance of these Terms or interruption of SQS Services or the SABS Services resulting from acts of God, civil or military authority, war, riots, civil disturbances, accidents, fire, earthquake, floods, strikes, lock-outs, epidemic, pandemic, quarantine restrictions, labour disturbances, foreign or governmental order. It is expressly understood and agreed that for the purpose of provision of the SQS Services or the SABS Services, “conditions beyond reasonable control” or “force majeure event” shall include any break-down, non-availability of data or any technical errors in the Platform or other dysfunctionality of or where the underlying data has not been updated or if there is a slow-down in real time updates or updates are unavailable, erroneously updated or partially available, in any third party’s records, where such data is sourced from any websites or applications hosted by such third party, non-retrievability of such data in the stipulated time frame due to the servers being down and/or slow (due to increase in traffic or for any other reason); or in the event the Platform is shut down/dysfunctional or discontinues services or for any other reason whatsoever, which may in any way prevent, restrict or interfere with or otherwise adversely affect, the provision of the SQS Services or the SABS Services by the Company as required herein. It is further agreed and understood by you that in the event of disagreement as to what would constitute “conditions beyond reasonable control”, the decision of the Company shall be final and conclusive in this regard.
17.PRIVACY POLICY
Please review the Privacy Policy, which also governs your use of the Platform, to understand the Company’s privacy practices. The information/data provided to the Company by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.
18.ASSIGNMENT
You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Company’s prior written consent. The Company reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
19.GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra. In the event of any dispute arising out of these Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Mumbai, Maharashtra.
20.SEVERABILITY AND WAIVER
These Terms, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between you and the Company with respect to the SQS Services or the SABS Services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect thereto and govern your future relationship with the Company. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
21.GRIEVANCE REDRESSAL MECHANISM
For registering your concerns, complaint or grievances, please write to the designated officer of the Company at the address identified below in relation to any violation of these Terms or the applicable laws. The designated officer shall redress the concerns, complaint or grievances in accordance with the applicable laws.
Name: Harshal Vora
Address: GD3 Suyog Industrial Estate, LBS Marg, Vikhroli West, Mumbai 400083
Mobile No: +91 9252000049
Email: info@saleschat.pro
22.HOW TO CONTACT US
If you have questions or concerns about these Terms, please contact the Company at the following email address: info@saleschat.pro.
SECTION B SPECIFIC TERMS FOR SQS SERVICES
1.INTRODUCTION
These Specific Terms for SQS Services shall be read with the General Terms, the Privacy Policy and any other agreement that you may enter into with the Company; and shall define your relationship and mutual expectations while you access and use the SQS Services on the Platform. You shall comply with the General Terms, the Specific Terms for SQS Services and any other agreement that you may enter into with the Company, in order to avail the SQS Services. Unless otherwise specified, all capitalised terms used herein shall have the meanings ascribed to them in the General Terms.
1.SIGN-UP PROCESS
In addition to creating a User Account on the Platform, you shall be required to (a) create an account on the relevant Third Party Application as the terms and conditions of such Third Party Application; or (b) log into the Third Party Application by way of a single sign on (SSO). In case of signing in using an SSO, you shall be required to share the SSO details with the Company for the purpose of availing the Services.
Upon creation of a User Account, you shall be provided with an option to link your Third Party Application account with the SQS by way of scanning a quick response code (“QR Code”). The QR Code shall authenticate your Third Party Application account and link it with the SQS, thereby providing the Company access to all your information and communication as available on the Third Party Application.
While signing in to the Third Party Application, you may be directed to accept and comply with the terms and conditions of such Third Party Application. It is hereby clarified that the Company is not affiliated with any Third Party Application. You must follow the respective terms and guidelines of each Third Party Application while using SQS Services, and the Company is not responsible for your conduct or associated consequences on a Third Party Application.
2.SQS SERVICES
You, as a User, shall be entitled to (a) access the chats between other users and any third party over the Third Party Application; (b) access and use the User Data from such chats for the purpose of sales; (c) analyse and derive insights from the User Data in order to enhance services provided by you to your customer and/or other third parties; and (d) gather potential leads for future customers.
In the event the User is availing the SQS Services in the capacity of an owner organisation or as manager, the User will be entitled to view the overall performance data of the organisation or the team and statistical/analytical reports of the overall performance. It is expressly clarified that such information shared is intended only for the benefit of the User and the mere receipt of any such information by any other Persons is not intended to create any duty of care, professional relationship or any present or future liability of any kind between those Persons and the Company. Where the User is signing up in the capacity of an owner, the User will additionally be entitled to identify its personnel who can access the foregoing information.
3.You understand, agree and acknowledge that:
While the Company recommends that you create and use a business account on the Third Party Application for the purpose of availing the SQS Services; the Company does not and will not monitor or regulate whether a business account is being used. In either case, the Company shall not be responsible for any acts/or omissions arising from use of a business account or a personal account.
The provision of SQS Services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The Company strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and the Company isn’t liable for any disruption or loss you may suffer as a result.
SECTION C SPECIFIC TERMS FOR SABS SERVICES
1.INTRODUCTION
These Specific Terms for SABS Services shall be read with the General Terms, Privacy Policy and any other agreement that you may enter into with the Company; and shall define your relationship and mutual expectations while you access and use the SABS Services on the Platform. You shall comply with the General Terms, the Specific Terms for SABS Services and any other agreement that you may enter into with the Company in order to avail the SABS Services. Unless otherwise specified, all capitalised terms used herein shall have the meanings ascribed to them in the General Terms.
2.SIGN-UP PROCESS
In addition to creating a User Account on the Platform, you shall be required to (a) create an account on the relevant Third Party Application as per the terms and conditions of such Third Party Application; or (b) log into the Third Party Application by way of a single sign on (SSO). In case of signing in using an SSO, you shall be required to share the SSO details with the Company for the purpose of availing the Services.
The additional account created on the Third Party Application shall be used for the purpose of communicating with the other Users. After creation of the additional account, the User will have to follow additional steps to complete verification of the additional account as stated on the Third Party Application platform.
3.SABS SERVICES
You, as a User, shall be entitled to chat with potential customers or potentials leads on the Platform by using and creating a business account on the relevant Third Party Application and sharing the credentials for the same, including the Third Party Application programming interface (“API” or “Token”) with the Company .
You understand, agree and acknowledge that:
While signing in to the Third Party Application, you may be directed to accept and comply with the terms and conditions of such Third Party Application. It is hereby clarified that the Company is not affiliated with any Third Party Application. You must follow the respective terms and guidelines of each Third Party Application while using SQS Services, and the Company is not responsible for your conduct or associated consequences on a Third Party Application.
You shall share the API or the Token with the Company. The Company shall link the same with the Platform, thereby providing you with the interface to avail the SABS Services. Without sharing of such API or the Token, you cannot avail the SABS Services.
The Company may assist you in providing these SABS Services in the capacity of an independent software vendor (“ISV”) or as a reseller of the business service provider (“BSP”). Where the Company operates as an ISV, the Company shall additionally require you to register with the third party BSP approved by the Company to avail the SABS Services. In such cases, your API or Token will be shared by the BSP directly.
The Company is merely facilitating the provision of these SABS Services by way of providing a Platform for the same and is not responsible for any dispute arising between you and the BSP or any third party service provider; or from your non-compliance with the terms and conditions of a third party service provider.
The provision of SABS Services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The Company strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and the Company isn’t liable for any disruption or loss you may suffer as a result.
The Company may discontinue some or all of the SABS Services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.