Welcome to www.ezedox.com, the website of MSERV TECHNOLOGIES PRIVATE LIMITED, a company registered under the Companies Act,2013, India having its registered office at #9055, Prestige Shantiniketan Whitefield Road, near ITPL Bangalore, Bangalore, Karnataka 560048, India, hereinafter referred to as ezeDox, mServ, Mserv, mserv, we, us, Company, 1st Party.
mServ provides software and services for paperless, hassle-free documentation. Software and services include but are not limited to, Aadhaar related services, generation, facilitation, management and distribution of electronic signatures, storage, sharing, digitization, validation and verification of documents based on the user's identity. (the Services).
The individual or company that the individual is representing, intending to use or using our Services, whether in an individual capacity or representing a registered legal entity, is hereinafter referred to as Customer, User, you, him/her, they, 2nd Party.
Collectively, mServ and User to be hereinafter referred to as Parties and each a Party
These Terms, the Application and/or the Services may be changed at any time without any prior notice to you. Your continued use of the Application and/or the Services after any such change constitutes your acceptance of the new terms, Application or Services. If you do not agree to abide by these Terms or any future terms, please do not use the Application or the Services.
It is hereby acknowledged and agreed by both mServ and the User that these Terms constitute an agreement between mServ and the User.
Rights & Responsibilities of the User
- The user can subscribe to all or part of Services, as is offered by mServ and made available to the User from time to time.
- The user can discontinue/cancel/unsubscribe his/her subscription/account for all or part of Services subscribed to from mServ anytime. However, in such an event mServ is not liable to refund any fees paid by the User to mServ towards the use of Services.
- The user can anytime unsubscribe from promotional communication that may be sent by mServto the User from time to time. However, this is limited to promotional communication only. Transactional and informational communication may still be sent to the User by mServ, as this is necessary for delivering the Services to the User.
- The user takes full responsibility for the Content submitted by him/her to mServ. Any and all claims that may arise pertaining to the submitted Content, including but not limited to copyright, trademark, license, will be the User's responsibility.
- The user assures mServ that Content submitted by him/her to the Company is free from virus, trojans, malware, malicious scripts etc.
- It is the User's responsibility to keep his/her access credentials to the Site safe and protected from unintended use. The User further agrees to notify mServ if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised and takes full responsibility for any and all activities that occur under the User's account, whether or not you as the User is the individual who undertakes such activities. The User agrees to immediately notify mServ of any unauthorized use of User's account or any other breach of security in relation to password or our Services that is known to the User.
- It is the User's responsibility to respect all prior agreements/policies, if any, that the User may be the party, to directly or indirectly, pertaining to the confidentiality of the Content submitted to mServ. mServ cannot be held responsible or liable in any manner in an eventuality of the Content submitted by the User to mServ containing any confidential information that the User is not supposed to submit as per prior agreements/policies he/she may be party too.
- The user will not use our Services to:
- upload, post, email, or otherwise transmit any submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm us or third parties in any way;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, or otherwise transmit any submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any submission that infringes any patent, trademark, trade secret, copyright, or other rights of any party;
- upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other forms of solicitation;
- upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
- User agrees to only use trusted and secure computing devices (computer, mobile, tablet) and networks to access his/her account on the Site. If the User is using any shared or public device to access the Site and Services, the User is completely responsible for any risk associated with such activity.
- The User shall be strictly responsible for any third-party claims and actions that may arise solely owing to the breach of the terms and conditions contained herein by the User. Further, the User shall also assume any and all liability and responsibility for such of User's actions which result in the breach of the terms and conditions contained herein or the violation of any domestic or international laws.
Rights & Responsibilities of mServ
- mServ shall have the right to discontinue offering free services if any for the User at any point in time.
- mServ shall have the right to limit the quantum of free services to any number it desires at any point in time.
- mServ shall have the right to refuse to offer Services to the User if the User does not or fails to register himself/herself/itself with mServ for specific services requiring pre-requisites, mandatory registrations etc. as published by the Company from time to time
- If a subscription is not discontinued or cancelled by the User, mServ has the right to renew the subscription as per subscribed plan and associated terms automatically, without prior initiation from the User. In such an event, no refund of fees will be processed.
- User grants mServ the right to send him/her any and all transactional and informational communication anytime by any mode of communication as furnished by the User to the Company.
- In case of Content submitted by User is found to contain any virus, trojans, malware, malicious scripts etc., mServ reserves the right to prevent such Content from getting submitted to its Site.
- If mServ detects any suspicious activity on the User's account, it reserves the right to forcefully terminate the logged in session, automatically change access credentials and send appropriate communication to the User
- mServ has the right to publish, quote, cite the User and/or his/her organization's logo, use of Services, comments about the Site and/or Services on the Site or on 3rd Party sites, in electronic or print form, either in part or whole for activities including but not limited to, case studies, marketing, advertising itself, its Site and/or Services without prior consent of the User or his/her organization, whether in writing or oral.
Intellectual Property Rights
- The User acknowledges and agrees that all the rights, title and interests in the Site and/or the Services and all the intellectual property rights therein or related thereto are solely and absolutely owned by mServ or its licensor and shall continue to vest with mServ or its licensor during and after the term of this Agreement.
- Nothing in this Agreement provides any right, title and interests of license, assignment or ownership in the Site and/or the Services or the Intellectual Property rights therein or associated therewith, and mServ reserves all rights in relation thereto not expressly granted to the User under these Terms.
- The User hereby undertakes that the User shall not apply, either by himself/ herself/itself or through any third party, for any copyright, trademark or any intellectual property for any aspect of the intellectual property rights relating to the Site and/or the Services, whether or not such intellectual property has been provided under this Agreement or developed by mServ for the purposes of this Agreement.
- The User agrees not to (i) copy, modify, create any derivative work of, or include in any other products or any portion thereof, or (ii) either directly or indirectly decompile, disassemble, decipher, reverse engineer, re-engineer or otherwise attempt to derive the source code or the underlying ideas, algorithms, structure or organization from mServ and/or the or directly or indirectly permit any employee/personnel of the User to decompile, disassemble, decipher, reverse engineer, re-engineer or otherwise attempt to derive the source code or the underlying ideas, algorithms, structure or organization from mServ and/or the Site.
- mServ may procure third-party components such as software, solutions, etc., ( Third Party Software ), to develop the Site and/or the Services. In this regard, in the event mServ procures any Third-Party Software in relation to the development of the Site, all title, ownership and rights to such Third Party Software shall continue to vest either with such third party or with mServ. Consequently, the User may only have a restricted right to use the Third-Party Software in relation to the Site and/or the Services as contemplated under these Terms and the User shall have no further right, title or interest in such Third-Party Software other than as specifically contemplated by these Terms.
- The User acknowledges that during the term of this Agreement and use of the Site and Services, the Third-Party Software shall continue to be owned solely and exclusively by such relevant third parties or by mServ, as specified above in this Agreement.
- The User agrees not to represent mServ, the Site and/or the Services to be his/her/its own product or services or brand or intellectual property and technology.
- In addition to the foregoing, the User shall always identify and respect the intellectual property rights of third parties over any subject matter and shall not use them in any manner during the transactions, unless specifically authorized by the holder/s of such intellectual property rights.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, or as approved by mServ or its authorized signatories, you will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services. Any rights not expressly granted herein are reserved by mServ.
Links and Third-Party Content
Our Services may display, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (collectively, Third Party Software ) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives. We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third-Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third-Party Content or any information or materials advertised in any Third Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
mServ, the mServ logo, and any other product or service name or slogan displayed on our Site and/or Services are trademarks of mServ Technologies Private Limited and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of mServ Technologies Private Limited or the applicable trademark holder. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of mServ and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ( Feedback ). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Representation, Warranties and Covenants
- Each Party represents and warrants that it has the right to disclose to the other and grant the other Party access to any information disclosed, or that may be disclosed, to the other Party.
- The User hereby represents and warrants that he/she/it shall not utilize the Site and/or Services except for the purposes specifically contemplated under this Agreement or any other agreement entered into with mServ or specific purposes detailed by mServ separately and such purposes shall automatically form part of this Agreement. In the event that mServ learns that the User has utilized the Site and/or the Services for purposes other than what is specified in the Agreement, then the User shall be liable to indemnify mServ for such unauthorized use, including any third-party claims arising therefrom.
- The User hereby represents and agrees that he/she/it shall refrain from publishing to the public or provide access to the public, using the Site and/or the Services or affiliated third party services, any content over which a third party has exclusive intellectual property rights or requisite protection thereunder or content which is derogatory, defamatory, slanderous, lascivious, pornographic, appealing to the prurient interest of individuals, and anything else which may incite public, political or religious unrest or disharmony, which may or may not result in affecting the law and order situation. However, if the User violates this particular clause, the User undertakes to bear all liabilities and responsibilities, civil and criminal, arising from such action/s of the User and shall keep mServ insulated and indemnified from the same.
- The User hereby represents and warrants to mServ that in the event of any suits, claims, disputes or such differences as are brought directly or indirectly against mServ by a third party as a consequence of breach of the terms and conditions of this Agreement by the User, the User shall at his/its sole cost assist mServ in defending such suits, claims, disputes or differences or indemnify mServ for the same, and any loss arising therefrom.
- The User represents and warrants that no copies of this Site or any portions thereof may be made by the User or any person under the User's authority or control. The User agrees not to assign or share User's passwords and username(s), if any, with any person whosoever.
- The User acknowledges that the User will be entitled to use certain Services only upon completing the requisite registration formalities as provided on the Site or elsewhere, as designated by mServ.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Any rights not expressly granted herein are reserved by us.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Services, your violation of these Terms, or your violation of any rights of a third party through use of the Services.
Term of Agreement
The term of this Agreement will be coterminous with the period of a single use or multiple usages, either intermittent or continuous, of the Company's Site and/or Services by the User.
- Force Majeure: None of the Parties shall be liable to the other for delays or failures in performance resulting from causes beyond the reasonable control of that Party, including, but not limited to, acts of God, labour disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.
- Assignment: You shall not assign, in whole or in part, the benefits or obligations of this Agreement to any other person without our prior written consent.
- Entire Agreement: This Agreement constitutes the entire agreement between the User and the Company and pertains to the subject matter hereof and supersedes in their entirety over all other written or oral agreements between the Parties.
- The Relationship between Parties: The Parties to this Agreement are independent persons/entities and nothing in this Agreement shall make them joint ventures, partners, employees, agents or other representatives of the other Party hereto and neither Party shall make any representation that suggests otherwise.
- Severability: If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and continue to operate in full force and effect.
- Rights and Remedies – Waiver: All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently. If any legal action is brought to enforce any obligations hereunder, the prevailing Party shall be entitled to receive its attorney's, fees, court costs and other collection expenses, in addition to any other relief it may receive. If the Company does not enforce any provision against the User, failure to enforce on that occasion shall not prevent enforcement on later occasions.
- Survival of Provisions: Notwithstanding any other provision to the contrary herein, terms, which by their nature survive termination or expiration of this Agreement shall bind the Parties following any expiration or termination of this Agreement, in addition to those otherwise specifically detailed in this Agreement.
- Jurisdiction and Governing Law: This Agreement shall be governed by the laws of India. All disputes, claims and actions arising out of this Agreement or its validity will be subject exclusively to the jurisdiction of the competent courts at Bangalore, Karnataka, India, irrespective of the place of residence or business of the User, or the place from which the website www.ezedox.comand/or the Services are accessed or availed. The User specifically agrees that a part of the cause of action for any legal action is deemed to have arisen at Bangalore owing to the mServ's registered office of being situated at Bangalore and this Agreement has been partly executed at Bangalore, thereby vesting the courts at Bangalore with the jurisdiction to adjudicate such disputes. As such, the User waives any right to challenge the exclusivity of the jurisdiction of Bangalore courts to adjudicate any disputes arising out of this Agreement in accordance with the laws of India.
- Headings and Sub-Headings: The Headings and sub-headings in this Agreement are for convenience only and do not affect the meaning of the relative clause.
- Defined Terms: Various terminology as defined in this Agreement shall be read and construed strictly and the said definitions are used and shall apply solely to this Agreement and not any other agreement/s which the User may execute with the Company.
Notices: Any notice, direction or instruction given under this Agreement shall be in writing and delivered (i) in the case of the Company to the User, by email, details of which, if provided by the User; and (ii) in the case of the User to the Company, by email to the Company's designated email: firstname.lastname@example.org