MASTER SUBSCRIPTION AGREEMENT AND TERMS OF SERVICE
Updated on: 02-March-2017
RetailbeanLite validly assumes that you have read, understood and agreed to this Master Subscription Agreement and Terms of Service (ToS) prior to and on availing the services. You shall not register, utilise the Services provided by RetailbeanLite, or provide access to any End User if You do not agree with any of the terms in this ToS and Your registration shall be deemed acceptance of this ToS and all terms and conditions herein. A legally valid contract is executed between You and RetailbeanLite once You agree to the ToS by clicking
"I Agree" and You shall be bound by these terms until termination.
This Document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
1.1. RetailbeanLite is a cloud based customer focused retail automation software with Point of Sale (POS) and inventory management.
1.2. This Cloud based customer focused POS and allied services (hereinafter "Service") is being provided as a "Software as a Service" (SaaS) model by RetailbeanLite on the website http://www.retailbeanlite.com and the scope of Services and the related modules are as per the link http://retailbeanlite.com/features. RetailbeanLite and the website http://www.retailbeanlite.com is a lite version of the __ Product named "Retailbean" and are owned and operated by Winds Business Solutions Private Limited,I Floor, NJ Complex, College Road, Palakkad 678001, Kerala India and herein after, the terms "ReatilbeanLite", "We", "Us", "Our" or "www.retailbeanlite.com" shall mean and includes Winds Business Solutions Pvt Ltd. The term "You", "Your", "Yours", "User" shall mean to denote the either the individual or Entity(Company/Partnership/ LLP/Society/Trust/Proprietary concern/ any other entity by any name whatsoever called in their respective jurisdiction) who has registered at www.retailbeanlite.com("Registered Entity") and availing the Service of RetailbeanLite and deems to include such authorised user(s) (Authorised Users) operating under the Registered Entity.
1.3. This ToS is effective upon registration and activation of Your account (either trial Version or paid version) and on registration, You will be provided with a limited license to use RetailbeanLite and RetailbeanLite will provide the Services You elected to receive, subject to the terms and conditions of this ToS. By accepting this ToS, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference.
2.1. All the terms and conditions and policies including the Privacy, Disclaimers and Terms of usage of third party service providers included as a reference herein constitutes the terms of Your usage of the Service and forms part of this ToS.
2.2. By registering on www.retailbeanlite.com and/or utilising the Services, You (Registered Entity and Authorised Users) hereby unconditionally agree to be bound by this ToS and all the terms herein including the policies, disclaimers etc., which are incorporated herein by way of reference and if You do not agree to any of the terms, You shall not use the Services and use of the Services shall be deemed acceptance of the terms.
Registration is mandatory and You hereby unconditionally accepts and consents to the Registration of RetailbeanLite to avail the Services. The registration process and procedure and pricing shall be as per http://retailbeanlite.com/pricing.The changes or revisions in the Registration process and procedures and pricing shall be periodically updated in http://retailbeanlite.com/pricing.We reserve the right to refuse the Service to anyone at any point of time without assigning any reasons.
You are eligible to register only if:
3.5. We utilise the services of CC Avenue for payment gateways . The terms and conditions of CC Avenue is available at https://www.ccavenue.com/highestlevel_security.jsp
4. User Accounts
4.1. RetailbeanLite provides multiple user accounts per registration, which shall be handled by You or Your Authorised Person and such person may be normally be designated as the Administrator. The types of accounts are as follows:
5. User representations
6. Third Party Service Providers and Value Added Services
6.1. We utilise the service of various third party service providers in bringing you this Service. While availing our Services, You hereby agree to be bound by the relevant terms and conditions of the third party service provider whose services We utilise. You may go through the terms and conditions/terms of usage of these third-party services providers below.
Amazon Web Services -http://docs.aws.amazon.com/AWSEC2/latest/UserGuide/using-network-security.html
MSG 91 for SMS Service (https://msg91.com/terms )
6.2. Value Added Services: RetailbeanLite in association with its technology partners and other third party service providers provides certain Value Added Services to its Customers. While some of these Value Added Services may be provided to You at no additional cost, some may incur additional cost on a "pay as you use" model. Please refer to the Payment section for details on the cost structure. Below are the indicative list of Value Added Services currently available.
6.3. The above list is not exhaustive and subject to change as RetailbeanLite endeavors to bring You more and more innovative and useful services over time. As with all services provided in conjunction with third party service providers, RetailbeanLite cannot provide any warranty to such Value Added Services including uninterrupted service. RetailbeanLite reserves the right to withdraw any Value Added Service without mentioning any reasons whatsoever.
7. Content Rights
7.1. All rights pertaining to Customer Data belongs to You or their respective IP rights holders. We do not claim any rights whatsoever in Your contents. You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling any and all Customer Data displayed, stored on or in connection with your page on RetailbeanLite.
8. Intellectual Property
8.1. Winds Business Solutions Private Limited shall be the sole and exclusive owner of RetailbeanLite and its Services. RetailbeanLite is the sub-brand of the trademark "RetailBean' owned by Winds Business Solutions Private Limited All Intellectual Property rights of any third party service utilized remains with its respective owners. You shall not under any circumstances have any claim to any intellectual property rights in any part of the Services with the exception of Customer Data. You shall not misuse or use the trademarks and copyrights of RetailbeanLite without proper written authorisation.
8.2. All trademarks, logos, and service marks displayed on www.retailbeanlite.com are registered and unregistered Trademarks of Winds Business Solutions Private Limited and/or third parties who have authorized their use ("Trademarks") and You shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials contained on www.retailbeanlite.com are copyrighted except where explicitly excluded otherwise. In the event of any violation of the intellectual property rights of RetailbeanLite, the same shall be viewed seriously and RetailbeanLite reserves its discretion to initiate appropriate legal action including criminal prosecution.
9. Data Collection and Privacy
9.1. Data Collection: RetailbeanLite collects information both voluntary and involuntary from You. Voluntary information includes Customer Data and other data including your personal information provided by you at the time of registration. Involuntary information includes that information collected automatically by RetailbeanLite when you log into the website www.retailbeanlite.com and utilise the Services. That information may include your IP address, details of your operating system, your browser, and details of your computer system, screen resolution, your browsing activity, and other information about how you interact with our websites or other websites. We may also collect information regarding Your social network sites and track your social network activities. However, We shall never post any contents without Your knowledge. We do not collect any personal information automatically and such information are collected only with your consent.
9.2. Why We Collect: All information collected shall only be used to provide You with the best possible services. Your system details including your operating system, screen resolution, browser details etc., are collected to optimize our website and other services to suit Your requirements. We may also track and analyze your browsing habits through cookies or other means, which may help us in optimizing the web ads which appear on the website. You may exercise your right to withhold this information by disabling cookies in your browser settings. Personal information collected during registration process shall be used only for the purpose of registration and maintaining your account. Our third party payment service provider may store your payment details including your bank account/credit card information solely for the purpose of automating the renewal process.
9.3. How We Store your data: We are committed to protect your personal information. We utilize third party cloud services "Amazon Web Services" for the purpose of storing all information. You may go through their website https://aws.amazon.com/vpc/ for gaining a better understanding of how the information is stored and the security standards implemented for the protection of your information. We may not share your personal contact information with unaffiliated third parties, however, may use the information collected for registration and managing your account. Take note that whenever you voluntarily disclose personal information online, your information could be collected and used by others. Although We may attempt to protect your personal information, RetailbeanLite does not ensure or warrant the security of any information you transmit to us, and that you do so at your own risk. We may provide some information and user statistics to prospective advertisers, partners or ISP for the purpose of marketing assistance, providing customer service, surveys etc. We may disclose personal information when we believe in good faith that the law requires it or to protect the rights or property of RetailbeanLite. Under certain circumstances, the Government authorities or competent court may require the disclosure of information, including Your personal information and We shall be forced to comply especially in the interest of National Security, criminal activities, law suits etc. RetailbeanLite may also voluntarily disclose your personal information to the governmental authorities, if we believe that such disclosure is appropriate in the interest of National security etc. We may use the information/data to manage our relationship with you; prevent and detect security threats, fraud or other illegal activity; communicate with you and provide updates; offer and provide support services; undertake data analysis and research, improve services etc.
10. Disclaimers and Warranties
10.1. EXCEPTAS PROVIDED AND STATED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVES AND DISCLAIMS ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICE WE PROVIDE.
10.2. We do not guarantee an uninterrupted Service as the uptime depends on several factors beyond our control including but not limited to your internet connection, its speed and availability, availability of hardware requirements at your end viz., computer, smartphone etc., electricity, uptime of Amazon Web Service (the cloud service where we have hosted our applications) etcetera. Services may also be interrupted when some of the contents You post does trigger Our (including our service provider's) malicious code and virus blocking system and we take no responsibility of such interruptions even in cases of false triggers.
10.3. You are responsible for all Customer Data uploaded by you. We will not be responsible or liable for any inaccuracies, corruption, data loss with respect to the Customer Data uploaded through our Services and shall not be responsible for any consequential damages. We do not have any control over the Customer Data residing in our servers. Electronic storage are susceptible to damage through various external means viz; intrusion, virus, voltage fluctuations, adverse environmental conditions, etc. Our servers including third party data centres are well protected, however, we cannot and do not guarantee a 100% fail proof protection and hence,You are advised to keep a back up of all your data including Customer Data.
10.4. We shall not be liable for any default or interruption in Services attributable to events beyond our reasonable control. Such events (the "Force Majeure Events") shall include acts of God, fires, explosions, accidents, unusually severe weather conditions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, hacking, server mal-functioning and any other similar events.
11. Contact information
Winds Business Solutions Private Limited
I Floor, NJ Complex, College Road , Palakkad 678 001, Kerala, India
Phone : +91 491 2544913, +91 491 2545913
Email : firstname.lastname@example.org
12.1 You hereby agree to indemnify, defend, and hold Us and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to the use of the Service and for violation of any of the provisions of this ToS. Such liabilities may include, but are not limited to, those arising from the following: (i) infringement or misappropriation of any intellectual property rights; (ii) any damage or destruction to RetailbeanLite's scripts/servers/equipment or to any of Our clients, which damage is caused by or otherwise results from Your acts or omissions including those of Your designates and authorised personnel; (iii) any personal injury or property damage arising out of Your activities related to the Services; and (vi) any other damage arising from Your equipment or business.
13. Limitation of Liability
13.1 You shall be solely responsible for the consequence of the use of the Services.
13.2 We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, including loss of production, loss of or corruption of data, loss of profit or of contracts, loss of operation time or loss of goodwill or anticipated savings, even if the We were advised of their possibility.
13.3 It is hereby made clear that RetailbeanLite's total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this ToS and any other agreement with You relating to the Services or based on any claim for indemnity or contribution shall not exceed 50%of the sum of the Fees You have paid to Us within the preceding year.
14. Suspension of Services
To avail the Services You are required to make payments as per one of our payment plans. The Services shall be terminated forthwith on expiry of your Term unless You make a renewal payment prior to the expiry of your Term.
We reserve the right to terminate the Services forthwith in the eventuality of You breaching any of the terms of this ToS. Termination for breach does not entitle You for any refund.
18. Dispute redressal