You agree that this agreement complies with the terms of any applicable electronic document’s legislation, including the requirement that this agreement is in writing, and is capable of being retrieved, reviewed, printed and stored for further use Welcome to the DueDeck website (as further defined below, the “Service” and “Site”), an online service designed and offered by Eligo Apptech Private Limited (as further terms below, the “Eligo”) and its affiliates especially for process automation. These terms of use are intended to explain our obligations as a service provider and your obligations as a user and customer. IT IS IMPORTANT THAT YOU READ AND ACCEPT ALL THE TERMS AND CONDITIONS CAREFULLY.
Any user who continues to use this website/web application/mobile application shall be deemed to have accepted these Terms of Use without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth under this agreement, or if you breach any of the Terms of Use contained herein, your permission to use this Site or access any of the services offered under it immediately lapses and you must destroy any materials downloaded or printed from this Site. Eligo reserves the right to modify or change these Terms of Use without giving prior notice. We shall, however, post the most current version of the Terms of Use on this Site, and your use of this Site is subject to the most current Terms of Use at such time. The most current version can be reviewed by clicking "Terms of Use" hyperlink at the bottom of our Site pages.
A. Definitions.
The following terms shall have the following meaning throughout the Terms of Use.
B. General.
Eligo grants the subscriber an exclusive right to create additional subscribers, non-transferable limited license to use the DueDeck Site and related resources in accordance with these Terms of Use. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.
You acknowledge that you must provide for your own access to the World Wide Web and pay all costs associated with such access and with the use of the Services, as well as procure all equipment that is necessary in order to access the World Wide Web and use the Services, including but not limited to a computer, a modem and a printer. You shall also be responsible for the maintenance of such equipment.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic document’s legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
Eligo may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. Eligo may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Service for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the Service whatsoever is to discontinue using the Service.
The subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the subscriber will be responsible for all activities performed under their passwords, as well as unauthorized use.
The subscriber assumes sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created on the Service shall be accurate, reliable and complete. The subscriber represents and warrants that it has obtained all required consents and complies with all applicable privacy legislation in connection with any use and disclosure of information relating to the use of the Services. Eligo accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
The statutory due dates for various compliances mentioned in the DueDeck application are based on the respective statutes. We have exercised due care and diligence to provide accurate and up-to-date due dates to our users. However, we strongly advise all subscribers and users of DueDeck to independently verify and validate these due dates for the specific services they are availing.
Please be aware that any changes or amendments to the statutory due dates must be promptly updated by the user within the DueDeck application to ensure proper and timely compliance. Your proactive approach in verifying the due dates will contribute to maintaining the integrity and reliability of your compliance process.
C. Conditions of Usage.
During the subsistence of the agreement to use or access our Services, the user and the subscriber agree to use our Services for the purposes that they were intended. The user shall use the Service and the Site only in accordance with the terms of this agreement.
If you register an account, you agree to provide us with true, current, complete and accurate information requested in the registration form. Your registration constitutes consent to use any personal information which you provide us in such registration. You also will select a user name and password. You are responsible for keeping your username, password and account details confidential and up to date. Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold us harmless and release us from any loss or liability whatsoever that you may incur as a result of someone other than you using your password or account, either with or without your knowledge. You agree to indemnify Eligo for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
D. Online Access to Financial Institutions and Other Services.
Online services using the Site (including access to online banking, online payments and other online services related to the use of the Site) are provided by financial institutions and other third-party service providers and not by us. You agree to hold us harmless and release us from any liability relating to your use of such online services whether provided by your financial institution or any other third party. Your access to the terms and conditions of use of such services may be limited in accordance with the terms of use published by such third-party provider. You may be billed by your third-party provider for such services and any such fees or costs (including text, data, phone, and delivery charges) are independent of Eligo and will be borne by you
E. Software Notice.
In the event that a user is required to download or use software in connection with the Services, he or she shall be unable to download and access such software unless he or she first agrees to the License Agreement relating to such software. Use of any such software is governed by these Terms of Use and any such License Agreement.
F. Copyrights, Trade-Marks and Intellectual Property.
Eligo owns both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, images, text, tools, utilities and software that make up the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the Site constitute trade secrets. The usage by subscribers and users of our Services does not constitute sale or transfer of any of such rights such subscribers or users. Without any prejudice to the foregoing, any information or data entered into the Site by the subscriber or otherwise provided for entering into the Site on the subscribers’ behalf shall at all material times remain the property of the subscriber.
Materials on and relating to this Site, including the content of this Site and any software downloaded from this Site, are protected by copyright, trade-mark and other intellectual property laws. Eligo reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the Site or any content there from without Eligo's express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the Site.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screen shots) which you generate as a subscriber using the Service. Your use of screen shots is subject to the following:
All the trade-marks which Eligo has and it uses in connection with the operation of this Site are sole property of Eligo. Eligo does not grant the users any right or license to use the Eligo trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.
G. Prohibited Use.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libellous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing the Site.
No user shall have the permission to submit or post any unlawful, unsolicited, unauthorized or annoying material to other persons through the use of the Services, or send any promotional materials, advertise, engage in phishing, spamming, sending out of chain letters or engage in any form of improper solicitation.
No user shall be permitted to upload material into the Site that he or she ought to know seriously infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the Service in a manner which could block access to, impair, damage or otherwise disable the Site or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user's accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Eligo in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on the Site, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize the Site under false pretences.
H. Updates.
Eligo will endeavour to continuously improve its software for better usage by the subscribers. As such we may remotely update any version of our software with or without a prior notice to the subscribers or users. The updates may occur automatically or may be caused to occur through operation of prompts that appear on the subscriber’s interface. The updated version will be subject to the current Terms of Use and any other additional terms that may also be included in the current terms with or without notice. Eligo may send emails to subscribers explaining the new features of the updated version of the software or may simply post such updates on the most appropriate portion of its website.
I. Termination of Service.
Eligo may terminate this agreement and your use of the Site at any time without notice if you breach any of these terms. Subscribers may use DueDeck on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. The following are some ways in which the agreement between a subscriber and Eligo may be terminated.
You follow the unsubscribe instructions found on your Account page.
We issue notice to any party to the effect that that party has in our reasonable judgment breached this agreement or any other agreement as between the parties and upon expiration of 7 days to remedy the breach and such party failing to do so.
In case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.
Upon such termination, you must immediately cease using the Site indefinitely. We may at our option immediately block your access to the Site.
J. Ownership and Disclosure of Information.
You own all of your business's private data and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and the Site. We hold the privacy and confidentiality of your data as one of our business' core values and we will use state of the art technology and processes to ensure that its privacy and confidentiality are maintained. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following.
If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request.
K. Third Party Links and Content.
This Site and the Services contain links to other websites provided by third parties who offer products and services. Such sites are completely independent of this Site and as we have no control over them and we accept no liability in respect of your use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this Site, nor do we endorse any of these sites or their products and services. Should the subscriber or user elect or enter into a binding contract with any such Site, you agree to hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for any liability, claim, injury, loss or damage suffered as a result of the you or any user offering to accept any products or service that are available from those sites.
L. Force Majeure.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
M. Severance.
All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
N. Governing Law.
This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the state of Maharashtra India applicable therein as applied to agreements entered into and to be performed entirely within state of Maharashtra, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in state of Maharashtra, India. The parties hereto irrevocably submit to the exclusive jurisdiction and venue of the courts of the state of Maharashtra, India.
O. Legal Status of Eligo Apptech Private Limited
The website, www.DueDeck.com, and the name DueDeck are property of Eligo Apptech Private Limited, a company incorporated under Companies Act India.
P. Privacy Policy.
DueDeck Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and your business’ financial information (the “Information”) collected for the purposes of the services offered through our website. The DueDeck Privacy Policy is based on applicable legislation and may be updated from time to time.
Q. Third Party Services
The Service allows subscribers to direct Eligo to access and retrieve their own financial information maintained online by third party institutions (e.g. banks) with which they have pre-existing relationships (e.g. maintain a bank account or pay bills). Eligo works with financial institutions and other third party service providers to retrieve this information for the purpose of providing the Service. However, Eligo does not review this information for any purpose, including but not limited to accuracy. In addition, you may when using our Services be directed to websites maintained by other third party service providers. You acknowledge that any use of the products and services offered by such third party services providers will be at your sole risk. You acknowledge that use of such third party service provider websites is subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless for and from any claims arising out of your use of the products and services of third party service providers. The availability of such third party services in connection with the Site does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services
R. Registration Information
Subscribers and users are responsible for maintaining the confidentiality of their login and passwords which allow them to access the Service.
S. Consumer Issues
You acknowledge that you intend to use the Site and the Service for business purposes and not for individual consumer, household or domestic purposes.
T. Payments
Refund Policy
CORRECTIONS
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
USER DATA
We will maintain certain data that you transmit to the Platform for the purpose of managing the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use fully operate permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us because of these Terms of Use or use of the Platform. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
USER REPRESENTATIONS
By using the Platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;(3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) not a minor in the jurisdiction in which you reside, or if a minor, you have received permission to use the Platform; (6) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Platform for any illegal or unauthorized purpose; and (8) your use of the Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
USER REGISTRATION
You are required to register with the Platform in order to receive any services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR CLAIMS RELATED TO THE PLATFORM OR PLATFORM-RELATED SERVICES SHALL BE YOUR OPTION TO DISCONTINUE USE OF THE PLATFORM AND PLATFORM-RELATED SERVICES.
ACCOUNT DEACTIVATION
When you confirm deletion of your account you will be prevented from logging into the Platform, and you shall no longer have the ability to access your information through the Platform in general.