Terms & Conditions

WORTAL CRM

Please, review the agreement terms (“Agreement”) thoroughly before using the software services of Flourish International Private Limited (referred to as “Wortal”, “we”, “our”, or “us”). This is a legal agreement between Flourish International Private Limited and a person competent to contract under Indian Contract Act, 1872 (“You”, “User” or “Users”) for the Wortal CRM. By accepting these agreement terms electronically or by any other means like, accessing and/or using the Wortal CRM, you (assumed a person competent to contract under Indian Contract Act, 1872) agree to the agreement terms and it indicates that you have read, understood and assent to be bound by the terms of this Agreement. If the person accepting, accessing and/or using the Wortal CRM is an individual working for some other person/company as representative (“Agent”), this agent is agreeing to the terms and conditions of this Agreement on behalf of such person/company and represents and warrants to Wortal that he/she has full authority to enter into this Agreement on behalf of such person/company. If, anyhow you don’t agree to the Agreement terms, you may not use the Wortal CRM.

Agreement Terms and Conditions

• Agreement

This Agreement hereunder read and describes the terms governing the use of Wortal CRM which may be licensed on a monthly or yearly subscription basis, as offered and selected by you or your agent provided through Wortal website including all software, cloud, content, platform, forum, information, updates and releases collectively, the “Services” and it includes by reference.

1. This agreement
   ii. Wortal Privacy Policy on the website or provided otherwise.
   iii. Wortal Document and data storage policy on the website or provided otherwise.
   iv. Wortal Refund policy on the website or provided otherwise.
   v. Third parties Terms and Conditions and Additional Terms and Conditions provided.
   vi. Any other separate terms provided for the Services, including ordering, downloading, product or program terms, activation and/or payment terms etc.

• Rights to Use the Software Services 

2. Wortal CRM is protected by intellectual property laws in India and users are granted the right to use the Software Services only for the purposes described by Wortal. Wortal grants the users limited, personal, non-exclusive, non-transferable license and right to use of the Software Services. Wortal reserves all other rights in the Wortal CRM.

2.1 If users are registered for a trial version of Wortal CRM (“Trial Period”), they must decide to subscribe a license of the Wortal CRM, at the current rate, within the Trial Period itself in order to retain any content that they have entered through the Wortal CRM, created, posted and/or uploaded during such Trial Period. If they do not subscribe for a license of the Wortal CRM by the end of the Trial Period, their content will no longer be available to them.

Wortal may include new and/or updated beta features (“Beta Features”) in the Wortal CRM from time to time and at its sole discretion, for use and which permit users to provide feedback (fees may or may not apply). Users hereby accept and agree that the use of the Beta Features is voluntary and Wortal is not under any obligation to provide them with any Beta Features in future. Users hereby understand that once they have used the Beta Features, they may not be able to revert back to the earlier non-beta version of application. Further, if such re-version is possible, you may be unable to return or re-store data created with the Beta Feature back to the previous non-beta version. The Beta Features will be provided on an “as is” basis and may contain errors or in-accuracies that could cause loss, corruption of data and/or information from any related device. Users accept and agree that use of the Beta Features is at their sole risk.

2.2 Users accept and agree that in order to provide them with access to and use of the Wortal CRM, Wortal may provide their access information and account data to (i) their employee or agent who is identified in the registration data as the authorized user for their account (the “Authorized User”), and (ii) such other employee or agent who may be designated by them as a replacement authorized user for the their account by following the procedures required by Wortal to effectuate such replacement. Any other person they identified as an authorized user of the Wortal CRM will have access to the account data subject to the access permissions assigned to them by the Users.

2.3 You accept and agree not to use or not to permit any third party, the use of the Software Services that is not according to this agreement, regulation and/or any other applicable law. You agree not to:

1. Allow or provide any access to use and/or give any part of the software services to any third party to use.
   ii. Copy, modify, reproduce, and resell the software services.

2.4 Fair usage policy
The software has been designed for MSME for their Business usage. This clause restricts that any user who buys license or gets opportunity to use free under any MoU or offer shall not have the right to further sale/lease/rent or sub-sale/lease/rent user access to any third party or person. We want our users to enjoy the pool of applications without hindrance. Our Fair Use Policy is there to make sure our customers have the best experience possible. There may be some users who have created so many businesses under one license that it might adversely affect the software bandwidth quality and deteriorate user experience for other users. We also want to make sure everyone gets the best user experience under their chosen price/user plan. So, to make sure everything is running smoothly, we continuously monitor the usage and the number of businesses created under each license. Where the limit exceeds the internal threshold limit and we understand with best of our belief that the user is trying to take unnecessary advantages of the usage policy, we restrict the access and request to upgrade their plan. The internal threshold limit is an internal matter and may get change without any advance notification. As a SaaS products, we serve and support all our users so that they can maximize the business benefits, generally user support requirements are two types i.e. software related and data related. To serve best we allow our user to avail unlimited software related support and in case of data (any data entry, support return filing with data analysis, help in data entry or data migration) related support there will be limited number of support.

3. Wortal CRM Use, Storage and Access

Wortal shall have the right, in its sole discretion and with reasonable notice posted on the Wortal site and/or sent to you at the current registered email address provided in the Registration Data, to revise, update, or otherwise modify the Wortal CRM and establish or change limits concerning use of the Wortal CRM, temporarily or permanently, including but not limited to:

• i. The amount of storage space users have on the Wortal CRM at any time and;
• ii. The number of times (and the maximum duration for which) a user may access the Wortal CRM in a given period of time. Wortal reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide users with electronic or written notice within thirty (30) days after such change. Users may reject changes by discontinuing use of the Wortal CRM to which such changes relate. Users’ continued use of the Wortal CRM will constitute their acceptance of and agreement to such changes. Wortal may, from time to time, perform maintenance upon the Wortal CRM resulting in interrupted service, delays or errors in the Wortal CRM. Wortal will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

4 Payment

The following payment terms and conditions apply on subscriptions, unless Wortal notifies it in writing otherwise:

• i. All the payments will be billed and collect in (INR) Indian rupees, and your card and/or account will be charged when you provide payment information and subscribe for the software services.
• ii. You can pay with any of the following options:
• iii. A valid and acceptable debit card;
• iv. A valid and acceptable credit card;
• v. An Indian bank account for an electronic transfer/charge of the dues and;
• vi. By other payment options like digital Wallet acceptable by Wortal.

The registration and payment information should be accurate, current, and complete and the user should notify us immediately when any such information changes. We may suspend and/or terminate any account/services, if the registration and payment information is not accurate, current and complete.

• i. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
• ii. Wortal will automatically renew your software services subscription at the current rates, unless the software services are terminated or cancelled under this Agreement.
• iii. Other additional payment, renewal and cancellation terms may be provided on the Wortal website for the software services.
• iv. All the refunds, if authorized, will be initiated in the original form of payment to Wortal.

5 Use of The Software Services on Mobile Devices

The use of our software services may be available on compatible mobile devices and may require additional software and internet service. You accept and agree that you will be solely responsible for these requirements and the terms of such service providers.
Wortal gives no assurance, warranties or any representation, express or implied as to:

• i. Any availability of the telecommunication resources and services from any such service provider and access to the services from any location or at any time;
• ii. Any security intrusion, damage and/or loss of the telecommunication services and;
• iii. Any information disclosure to third parties or not to transmit and convey any information, data, or any setting related and connected with the services.

6. Users’ Personal Data and Information

Users can go through the Wortal Privacy Statement provided on the Wortal website. You accept and agree to the Wortal Privacy Statement, and changes published by Wortal. Users/You accept and agree that as part of the software services, Wortal may use and maintain users/your data according to the Wortal Privacy Statement. Users/You also give permission to Wortal to aggregate non-personally identifiable data/information which users/you enter and/or upload with that of other users of the Services. This means that Wortal may use that aggregated data and information to improve software services, design services promotions and/or compare business practices with other software service users.

7. Content

7.1 Users/You are legally responsible for all their/your content which includes but not limited to any data, information, text, graphics, software and/or other materials (“Content”), which is used through their/your use of the software services. Users/You grant Wortal a free worldwide non-exclusive license to host and use the content in order to provide them/you with the software services. Users/You are advised regularly to backup/archive their/your content. Users/You are personally responsible for any content that may be lost and/or un-recoverable through their/your use of the software services. Users/You accept and agree that they/you will not use the software services to use any information or data that is not in accordance with the law of India. Any users suspected of having information which involves any activities prohibited by law may have their software services terminated; data deleted and also may be reported to law enforcement agencies in India. Wortal is not responsible for any content you submit on the Wortal website.

Users/You accept and agree not to use the Wortal CRM services to publish, up-load, link to, re-produce, transmit and/or engage in any of the following, including but not limited to:

• i. Illegal, in-appropriate and/or objectionable information and/or communication directly or indirectly under any Indian or Foreign Law;
• ii. Any content that would impression of someone else and/or falsely represent any identity or characteristics, and/or amount to be a breach of any individual’s privacy;
• iii. In any write-up, adverts, solicitations, business opportunities, thread letters, schemes and other unsolicited business communication except as otherwise permitted by Wortal;
• iv. Any virus and/or in any other disruptive and/or harmful application/software and/or data/information and;
• v. Any content which is not legally theirs/yours and may be protected by any intellectual property rights, without permission from the intellectual property holders/owners.

7.2 Expert and community forums on Wortal website. The software services may include an expert and community forum and/or other social features to exchange views, information and content with other users of the software services and to the general public. Users should be cautious while interacting with other users and should not post any data or information that they do not want to share with the general public. Users/You may publish hypertext links to the content of third parties and Wortal will not be responsible for anything in this regard.

7.3 Wortal will be freely using feedback from the users of software services. Users/You accept and agree that Wortal may use such advice, feedback, and request in any way, including modifying of the software services, marketing means and/or other services. Users/You grant Wortal a free worldwide non-exclusive license to use the feedback you provide to Wortal in any manner.

7.4 On its sole discretion, Wortal may monitor users’ content but has no obligation to monitor content on the software services. Wortal may disclose any information under any legal obligation to law enforcement agencies, to protect Wortal or its software service users and/or operating the software services effectively. Wortal, may post, refuse to post, remove, or refuse to remove, any content entirely or any part thereof, which is in-appropriate, and/or in violation of the terms of this agreement.

7.5 Wortal may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content users post, such as pictures, information, opinions, or any Personal Information that users make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

8. Third Party Products and Services

Wortal may tell users about third party products or services, including via the Service. Wortal may offer products and services on behalf of third parties who are not affiliated with Wortal (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If users decide to use any Third Party Products or access any Third Party Sites, they are solely responsible for their selection, review of separate product terms, website terms and privacy policies. Wortal is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Wortal in any way. Users agree that the third parties, and not Wortal, are solely responsible for the Third Party Product’s performance (including technical services), the content on their websites and their use or disclosure of users data. Wortal will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.

Users accept and agree that they will:

• i. Comply with all applicable laws, regulation and ordinances;
• ii. Not use the Third Party Products in any manner that would infringe or violate the rights of Wortal or any other party and;
• iii. Not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
  
  

9. Additional Software Services Terms

9.1 Wortal does not give any professional advice under this agreement. Unless specifically included with the other professional services agreement, Wortal does not provide any professional services or advice. Wortal recommended users to consult a competent professional when any professional advice/services required.

9.2 Wortal may offer other services to the users and additional fees, terms and conditions may apply.

9.3 Communications. Users/You accept and agree that Wortal may send them/you communication via email or by posting them on websites under any law, any other services and/or third party products/services.

9.4 Users/you will manage their/your passwords and accept application updates from time to time. Users/You are responsible for managing their/your password(s) securely for the software services and to contact Wortal in any case. The software services may periodically be updated by any means to improve the software services and users/you agree to receive the updates from time to time.

10. Disclaimer of Warranties
    

10.1 Use of Wortal CRM and its contents is entirely at your own/users risk. Except as described in this agreement, the software services are provided “as is.” to the maximum extent permitted by applicable law. Wortal disclaims all express or implied warranties. Wortal does not warrant that the services are free from bugs, interruption, errors and secure.

10.2 Wortal disclaims any warranties or re-presentation that use of the Wortal software services will ensure compliance with any law, regulations and/or legal obligations.

Notwithstanding, no provision of this agreement shall exclude or limit liability to the extent such exclusion or limitation is prohibited by the applicable laws of India and Wortal does not intend to exclude or limit liability which cannot be lawfully excluded by contractual agreement of the parties.

11. Limitation of Liability and Indemnity

The entire liability of Wortal for all claims relating to this agreement shall be limited to the amount users paid for the services during the twelve (12) months prior to such claim subject to the maximum extent permitted by applicable law.

Subject to applicable law, Wortal is not liable for the following in any case:

• i. Any special, incidental, punitive, consequential and/or indirect damages;
• ii. Damages due to failure of any telecommunications means, internet, corruption, security, theft and/or loss of data, any virus, bugs, spyware, any loss, revenue or use of any hardware/software that does not meet Wortal systems requirement. Further, this agreement sets forth the entire liability of Wortal and users exclusive remedy with respect to the Wortal services and its use.

Users/You accept and agree to indemnify and hold Wortal and its officers harmless from any and all claims, expenses and other liabilities, including reasonable legal fees and costs, arising out of users/your use of the software services or breach of this Agreement anyway (collectively referred to as “Claims”).

12. Changes

Wortal reserves the right to amend or change the terms of this Agreement at any time, and all the amendment and changes will be effective as and when posted through the services, on Wortal website for the software services or when Wortal notifies by any other communication means. Wortal may also change or discontinue the software services, in its entirety or in parts. User’s continued use of the Wortal CRM indicates their consent and agreement to the amendments and changes.

13. Termination/cancellation of The Agreement and Services

Wortal may terminate a free trial account at any time. Further, Wortal , in its sole discretion and without notice may immediately terminate this Agreement or suspend the software services if users fail to comply with any terms of this agreement or if users no longer accept or agree to receive any communication. Upon termination users must stop using the software services immediately. Any termination of this Agreement shall not affect Wortal rights to claim and receive any payment due to it and sections 2.2, 3 through 16 will survive and remain in effect for users, even if the Agreement is terminated.

Upon cancellation by users, users will be able to access the Wortal CRM only through the end of the subscription term. After the subscription term ends, users will not have any access to the Wortal CRM. Please request Wortal on its website to cancel your account.

There are no refunds upon cancellation and/or termination of the Wortal CRM.

14. Governing Law

This Agreement shall be governed by, subject to and interpreted in accordance with Indian Laws, and any dispute arising relating to this Agreement, or the breach thereof, whether occurring while this Agreement is in effect or thereafter, shall be submitted exclusively to binding arbitration pursuant to the (Indian) Arbitration and Conciliation Act, 1996 by an arbitrator selected in accordance with such Act and agreed to by the parties. The arbitration proceeding shall take place at New Delhi, India and shall be conducted in the English language, including notices between the parties. Notices between the parties shall be by certified or registered mail, return receipt requested, and shall be deemed given upon receipt at the address of the recipient party or twelve (12) days after deposit in the mail. If the notice is to Wortal, it shall be sent to the attention of the Wortal Legal Department.

15. LANGUAGE

This Agreement is written and published in English language and the parties hereby confirm that they have requested that this Agreement and all other related documents be drafted in English.

16. General

This Agreement, including all the Terms, is the entire agreement between users and Wortal and replaces all other communications, understanding and agreements on this subject matter. If any court of law, having the jurisdiction, rules that any section or part of this Agreement is invalid, that part or section will be removed without affecting the remainder of the Agreement and the remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Users cannot assign or transfer ownership of this Agreement to anyone without written consent of Wortal. However, Wortal may assign or transfer it without users consent to (a) any affiliate, (b) a company through a sale of assets or (c) a successor by merger or other means. Further, any assignment in violation of this Section shall be void.