Terms of Service

Welcome! We appreciate your selection of the services (hereinafter referred to as "Services" or "Site" or "site") provided by AVI HR Software Pvt. Ltd. (hereinafter referred to as "Company", "We", "Us", "Our" or "AVI HR"). The term "You" (or "Your" as applicable) denotes the user, viewer, or customer of our Site. By navigating, accessing, subscribing to, or utilizing our Service or Site, or by installing our mobile App (also referred to as "using"), you hereby explicitly acknowledge and consent to adhere to and be governed by the following terms of Service. We kindly ask you to examine these terms thoroughly. If you do not accept these terms, you should refrain from using this Site.

By utilizing the Site, you affirm and guarantee that:
1. You are at least 18 years of age;
2. You possess the legal and financial authority and capacity to enter into a contract and to be bound by these Terms, as well as to fulfil the obligations outlined herein;
3. If you are accepting these Terms on behalf of a corporation, limited liability partnership, partnership, or any other legal entity, you have the authority to bind such entity to these Terms, and in such circumstances, "You" and "Your" as utilized in these Terms will refer to that entity;
4. If you are a legal entity (as described in clause "3" above) and are allowing an employee of the legal entity to access the Site through your account as an employee or user ("Employee") identified via a unique login, you have the authority to bind such employees and users to these Terms, and in such cases, "You" and "Your" as referenced in these Terms will pertain to that entity and its Employees;
5. You have voluntarily chosen to visit this Website and provide all relevant information while accepting these Terms.

Acceptance of Agreement

You consent to the terms and conditions specified in this Terms of Service Agreement (hereinafter referred to as "Agreement" or "Terms") concerning our site. This Agreement represents the complete and sole accord between us and you, superseding any previous agreements, purchase orders, or work orders that were part of the procurement process, as well as any representations, warranties, and understandings related to the Site, its content, products, or services provided by or through the Site, and the matters addressed in this Agreement. We reserve the right to amend this Agreement at any time, with or without prior notice to you. The most recent version of the Agreement will be available on the Site, and you are encouraged to review it before utilizing the Site.

Intellectual Property Rights

You hereby recognize that all intellectual property rights (including but not limited to registered and unregistered trademarks, copyrights, patents, service marks, etc.) and other proprietary rights associated with the Site and any Contents and Materials, including but not limited to any derivatives, enhancements, or modifications whose ownership is directly attributable to the Company ("Company IP"), shall be owned entirely by the Company worldwide. You shall have no rights or claims to the Company IP in any form. You acknowledge your obligation to adhere to any additional copyright notices, information, or restrictions present on the Website. Copying, downloading, storing, or utilizing the Company IP in any manner not expressly authorized by these Terms is strictly forbidden unless prior written consent from the Company for such use has been obtained.

The rights granted to you for utilizing the Site under these Terms do not confer any further rights concerning the Site or any associated Intellectual Property Rights. AVI HR shall possess a fully paid-up, royalty-free, global, transferable, sub-licensable, irrevocable, and perpetual license to implement, utilize, modify, commercially exploit, and/or integrate any suggestions, enhancement requests, recommendations, or other feedback we receive from you or other third parties acting on your behalf into the Site or otherwise use them.

The contents of the Service are intended solely for the purposes for which you may be licensed. It is explicitly stated that this Agreement does not authorize you to use the contents of the Service in any manner whatsoever.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license to access and utilize the Service strictly in accordance with this Agreement.

Registration

Certain sections or offerings from the Site may necessitate user registration. If registration is required, you consent to provide accurate and complete registration details. Your registration must utilize your real name and correct information. We do not allow any other individual to access the registered sections under your name; or permit access through a single name to be shared among multiple users on a network. You are responsible for preventing any unauthorized usage.

You must maintain the confidentiality of your User Account access information and passwords. You shall be accountable for all actions associated with your Website registrations and passwords created by you, regardless of whether such actions were authorized by you. Sharing your password or other account access information with any other individual, either temporarily or permanently, is prohibited and any breach of this obligation may lead to the disabling of your account. You agree to promptly inform the Company of any unauthorized use of your Account.

Restrictions and Prohibitions on Use

Your license for accessing and using the Service, as well as any information, materials, or documents (collectively referred to as "Content and Materials") within, is subject to the following restrictions and prohibitions on use:

You agree that neither you nor any third party facilitated by you will: copy, print (except for the expressly limited purpose mentioned in this agreement), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; use the Site or any materials obtained from the Site to develop or as a component of any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; create compilations or derivative works of any Content and Materials from the Site; use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained within the Site; make any portion of the Site available through the Internet or any other technology existing now or developed in the future; remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; employ any automatic or manual process to harvest information from the Site; use the Site for the purpose of gathering information for or transmitting unsolicited commercial email; exploit the Site in a manner that violates any state or national law regulating email, facsimile transmissions, or telephone solicitations; and export or re-export the Site or any part thereof, or any software available on or through the Site, in violation of the export control laws or regulations of India.

You also agree not to take any action that imposes an unreasonable or disproportionately large load on any of this Website's infrastructure; violate, or attempt to violate, the security of the Website or gain unauthorized access to any information regarded as private by other users or persons, including but not limited to, accessing data and information not intended for you, or logging onto a server or account to which you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network or attempting to breach security or authentication; allow any individual other than the authorized person(s) named in the Service or explicitly notified to the Company, to utilize the Service.

Linking to the Site

You may create links to the Site, provided that you do not remove or obscure, through framing or otherwise, advertisements, the copyright notice, or other notices on the Site. Your site must not engage in illegal or pornographic activities, and you must immediately discontinue providing links to the Site upon our request.

Payments

The following terms apply for the Services accessed on a subscription fee model. Unless otherwise expressly stated on an Order Form, you will pay a one-time Sign-Up Fee plus Monthly Subscription Fees for the Service as specified in the Product ordering and subscription form. Prices are determined by the Services you subscribe to. The first invoice will include the setup fee, the fees for the Services consumed, and all applicable taxes. Regular billing occurs monthly, with invoices generated on the last day of each month, which will include the fees for the Services and all applicable taxes.

You may subscribe to additional Services at any point during the month. For each additional Service subscribed, the subsequent invoice will include the charges for the Services consumed along with any setup fee for the new service, if applicable. Billing is based on the number of current (non-resigned) employees in the database. All generated invoices can be accessed within the Service and may also be emailed to the contact email address provided in your Profile.

You may unsubscribe from any Services by providing us with thirty (30) days prior written notice. Termination of subscription to a Service will take effect from the following month. If you wish to cease accessing the Service, you may send an email to us, and the account will be disabled from the next month. Regardless of the date on which you provide the termination notice or send us an email to unsubscribe, the subscription fees will be invoiced for the entire month and not on a prorated basis. Upon termination of subscription, any subscription fees paid in advance shall not be refunded.

You are required to pay the amounts specified in the invoices within 7 calendar days of their generation. If invoices remain unpaid past their due date, the Service may be automatically suspended. Resumption of Services will occur only after all past dues, including those for the suspended period, are paid in full.

Payment methods accepted include:

• A cheque issued to us
• A valid credit card
• A valid debit card
• An NEFT/Bank Transfer to our Bank Account
• Or any other payment option agreed in writing

Your services will be automatically renewed at the end of each subscription period unless canceled or terminated. You shall promptly deduct the applicable Tax Deduction at Source ("TDS") on the subscription fees payable and remit the invoice value to us. You shall be responsible for your TDS-related compliance in accordance with the provisions of the Income Tax Act and other applicable laws.

Content

You are solely responsible for your content. We are not liable for the content submitted by you through the Service. It is advisable to back up your content frequently and consistently. You are accountable for any unrecoverable or lost content.

You agree not to upload or permit any third party to post or transmit to or distribute or otherwise publish through this Service any materials that restrict or inhibit any other user from utilizing and enjoying this Website, are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law, violate, plagiarize, or infringe the rights of third parties, contain a virus or other harmful component, contain any information or material of a commercial nature, contain advertising of any kind, or constitute or contain false or misleading indications of origin or statements of fact.

By posting any comments, feedback or any other information (excluding Customer Data) on the Service, you automatically grant the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to utilize, copy, perform, display, and distribute such information. We have the right, but not the obligation, to monitor your use of the Service and may freely use and disclose such information provided to the Company (excluding Customer Data) to meet our legal obligations or for operating our Service.

Changes

We may alter, suspend, or discontinue any aspect of this Service, in part or in whole, at any time. We may revise the Subscription fees annually with a thirty (30) days prior notification communicated through the Site or email. We reserve the right to modify and change these terms and conditions at any time. These changes become effective upon posting on the Services or notifying you through other means. Continued use of the Service after such postings shall be deemed as acceptance of the modified Agreement. We reserve the right to moderate/restrict/ban the use of our Services and/or access to this Site, specifically to you or generally, at our sole discretion and without prior notice. We also reserve the right to terminate a user's access rights without prior notice and block access to that IP address in case of violation of the terms and conditions.

Our Other Products and Services

AVI HR may inform you about our other Products and/or services. Additional terms and conditions and fees may apply for these. With some Services, you may upload or enter data from your account(s) such as names, addresses, phone numbers, purchases, etc., to the Internet. You grant us permission to use information about your business and experience to help us provide the Services to you and to enhance the Services.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Indemnification

By accepting these Terms, you agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers, attorneys, advertisers, product and service providers, representatives, and affiliates harmless from and against any liability, loss, claim, and expense arising out of or in connection with: your violation or breach of these Terms or any applicable law or regulation; your infringement of any rights of any third party; your use or misuse of the Site or Service; and any third-party claims based upon the content of communications transmitted by you.

Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right granted to you to access information or documents is not transferable or assignable.

Disclaimer

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or guarantee the accuracy, truthfulness, or reliability of any information or content displayed or distributed through the Website. Any reliance upon such information shall be at your own risk. We reserve the right to correct any errors or omissions in any portion of the Website. Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.

Publicity and Marketing Clause

The Company shall be entitled to advertise and represent that the Client is a customer of the Company and the broad nature of work performed. The Client agrees that the Company may use the Client's name and logo on its customer list, presentations, and public website. The Company's publicity shall not disclose any Confidential Information.

Advertisers

The Site may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. We are not responsible for errors, inaccuracies, or problems in the advertiser's or sponsor's materials. AVI HR reserves the right to refuse acceptance of any advertisement it considers inappropriate.

Third Party Content

Third-party content may appear on the Site or may be accessible via links. We are not responsible for mistakes, misstatements of law, defamation, omissions, falsehoods, obscenity, or profanity in third-party content. The information and opinions expressed in third-party content represent solely the thoughts of the author and are neither endorsed by nor reflect our belief.

Third Party Products and Services

We may inform you about third-party products or services, including via the Service or through the Unite marketplace. AVI HR may offer products and services on behalf of third parties who are not affiliated with us ("Third Party Products"). If you decide to use any Third Party Products, you are solely responsible for your selection, review of separate product terms, website terms, and privacy policies. We are not affiliated with these Third Party Products and do not endorse or recommend them. You agree that third parties, and not AVI HR, are solely responsible for their product's performance, the content on their websites, and their use or disclosure of your data. AVI HR will not be liable for any damages, claims, or liabilities arising from third parties, Third Party Products, or Third Party Sites.

You agree that you will comply with all applicable laws, regulations, and ordinances; not utilize the Third Party Products in any manner that would infringe or violate the rights of AVI HR or any other party; and not use the Third Party Products in any way in furtherance of criminal, fraudulent, or other unlawful activity.

Third-Party Merchant Policies

All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information you provide to Merchants. We and the Merchants are independent contractors, and neither party has authority to make any representations or commitments on behalf of the other.

Links to Other Websites

The Site contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed on such websites, nor are such websites investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement. If you choose to leave our Site and access these third-party sites, you do so at your own risk.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You agree to the applicable Privacy Policy. You must review this Privacy Policy by clicking on the link provided on the Site. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are accountable for all activities that occur in your user account and agree to inform us immediately of any unauthorized use by emailing privacy@AVIHR.com. We are not liable for any loss or damage incurred as a result of unauthorized access and/or use of your user account.

Termination

We may, at our sole discretion and without notice, terminate this Agreement or suspend the Services if you fail to comply. Upon termination, you must immediately cease using the Services and settle all outstanding dues. Any termination shall not affect our rights to any payments due. We may terminate a free account at any time.

Information and Press Releases

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours should not be relied upon as being provided or endorsed by us.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.

Additional Terms

We do not provide professional advice. Unless specifically included with the Services, AVI HR is not in the business of providing legal, accounting, or other professional services or advice. Please consult a competent professional when you require this type of advice or assistance.

Severability

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistently with applicable law, and the remaining portions shall remain in full force and effect. Our rights under this Agreement shall survive any termination.

Assignment

You may not assign or delegate performance of your duties under these Terms without our prior consent. We may assign our agreement with you to any member of the AVI HR Group or in connection with any merger or sale of assets, provided that any successor agrees to fulfill its obligations pursuant to these Terms.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Union of India. You expressly agree to submit to the exclusive jurisdiction of the courts in Bangalore, India for resolving disputes.

Complaints

If we receive a complaint regarding your activities, we will forward it to your primary email. You must respond directly within 10 days and copy AVI HR. Failure to respond will be construed as consent to disclose your name and contact information to the complainant.

Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts inactive for 120 days. All data will be deleted. Prior notice may be provided with the option to back up your data. Each Service is treated independently for inactivity calculation.

Notice

All notices to you may be delivered in writing by Courier, mail, or electronic mail. You must give notice to AVI HR in writing by Courier or Mail to the registered address available in the Contact Us section of our corporate website www.avisoft.in. Notices shall be deemed given immediately upon delivery by email, or if otherwise delivered, upon receipt or two (2) business days after being deposited in the mail or with a Courier.