The following agreement encapsulates the terms and conditions of use (“Agreement”) applicable to the use of this website and services of GBS Software and Services (“The Company”). Read these terms carefully before downloading, installing or using this software. By downloading or installing the software, you acknowledge and agree, that you understand it, and that you agree to be bound by its terms. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with GBS in any way, your only recourse is to immediately uninstall our product. You are, however, encouraged to inform/complain to our customer care team who will do their best to address your concern(s). These General Terms apply generally to the use of the service GBS (“GBS”) and constitute a contract between you and the Company.

Definitions

Company – The Terms of Conditions are framed for GBS Software and Services (GBS) which will hereinafter be referred to as “Company”, “We”, “Us.”:

Client/User – The User/Client will be the user of website/software subjected to this terms and conditions and be referred to use “You”, “Your”, “Yours”, or as an “User.”

Services/Softwares – It means the products and services made available by Us via GBS, modules, and feature(s) or Our cloud software and applications for businesses, including associated offline and mobile applications (“Software”).

Acceptance of the Agreement

You must be of legal age to enter into a binding agreement in order to accept the Agreement. If You do not agree to the General Terms, do not use any of Our Services. If You agree to the General Terms and do not agree to any service terms, do not use the Services/Software. By using GBS Products or interacting through the Website You undertake and agree that You have fully read, understood and accepted the Agreement.

Description of Services

We provide software and applications for businesses, including associated offline and mobile applications under Our flagship LakshIT. You may use LakshIT Products for Your personal and business use or for internal business purpose in the organization that You represent. You are responsible for obtaining access to the internet and the equipment necessary to use our Products. You can create and edit content with Your user account and if You choose to do so, You can publish and share such content. Subject to the terms and conditions and acceptance as otherwise provided in this Agreement, LakshIT permits to You a limited, non-exclusive, non-transferable and non-assignable license to evaluate LakshIT Promoted Softwares for Your personal purposes only. You do not have any rights in or to the software except as expressly granted in this Agreement. You acknowledge that the software, all copies of the Software, any derivative works, compilations and collective work of the software, and any know-how and trade secrets related to the software are the sole and exclusive property of the Company. You alone are responsible for maintaining the confidentiality of Your username, password, and other sensitive information. You are responsible for all activities that occur in Your user account, and You agree to inform Us immediately of any unauthorized use of Your user account. We are not responsible for any loss or damage to You or to any third party incurred as a result of any unauthorized access and/or use of Your user account, or otherwise. We are not responsible for any kind of data discrepancy, or any type of loss occurred due to data discrepancy/software issue.

Data Ownership

The Brand being promoted by GBS is the sole owner and the lawful licensee of all the rights to the Software. All title, ownership and intellectual property rights in the software and its products or services, including the website content shall remain with Brand. The copying, redistribution, or use by You of any part of Our Promoted softwares is strictly prohibited. Your use of Our Services does not grant You ownership rights of any kind in Our Promoted Software. Original Brand reserves all rights not expressly granted to You in this Agreement. In no event shall GBS & Promoted Brand be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to Your data. You hereby acknowledge that any reliance upon the information shall be at Your sole risk and further understand and acknowledge that the information has been legally complied. We respect Your right to ownership of content created or stored by You. You own the content created or stored by You. Unless specifically permitted by You, Your use of the Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the content created by You or stored in Your user account for marketing or any similar purpose. You grant GBS permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of Your user account solely as required for the purpose of providing the Services to You.

Trademark

Any icons and logos related with promoted Brands GBS are registered trademarks or trademarks or service marks of respective brands in various jurisdictions and are protected under applicable trademark and other proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.

Copyright

All Website/software Content including Website Information is copyrighted to the GBS & Respective Promoted Brands. You shall not indulge in infringement of any Brand’s copyright and may not use the information provided by GBS in an unauthorized manner or for unauthorized purposes.

Collection of Information

As part of the service, GBS may track certain information about You based upon Your behavior on the product. We use this information to do internal research on Our users’ demographics, interests, and behaviour to better understand, protect and serve Our users and improve Our services. This information is compiled and analysed on an aggregated basis. We may also collect Your Internet Protocol (IP) address and the URL used by You to connect Your computer to the internet, etc. This information may include the URL that You just came from (whether this URL is on Our Website or not), which URL You next go to (whether this URL is on Our Website or not), Your device information and configurations, computer browser information as the case maybe. We may use cookies on Our Website and apps (as the case maybe) to identify You in order to make Our Website more user friendly. Most browsers will permit You to decline cookies but if You choose to do this it might affect service on some parts of Our Website. If You choose to make a purchase through the Platform, We collect information about Your buying behaviour. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

Combination of Your Information

To perform the above functions, we may match information collected from you through different means or at different times, including both personal information and non-personal information, and use such information along with data obtained from other sources (including third parties), such as demographic information and updated contact information. Our third party service providers or we may also use your information to assess the level of interest in, and use of the Sites, our emails, and our other campaigns both on an individual basis and in the aggregate. We may also use and/or combine information we collect off-line or from third party sources to check the accuracy of, enhance and supplement your user records, and to better customize your experience with us.

Approval of Alerts, Messages and Promotional Campaign

In addition to the use of GBS Promoted Products, You agree to be bound by the following terms and conditions:
A. To receive promotional, transactional, and commercial communications from GBS through calls, email, SMS or push notifications, even if Your contact number is registered under the Do Not Call Registry.
B. The Service may include certain communications from GBS, such as service announcements, administrative messages, and newsletters.
You understand that these communications shall be considered part of using the Services. As part of Our policy to provide You total privacy, We also provide You the option of opting out from receiving newsletters from Us. However, You will not be able to opt-out from receiving service announcements and administrative messages.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of Your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another’s privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, pedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate Your access to the Services if there are reasonable grounds to believe that You have used the Services for any illegal or unauthorized activity.

Organization, Accounts and Administrators

When You sign up for an account for Your organization You may specify one or more administrators. The administrators will have the right to configure the Services based on Your requirements and manage end users in Your organization account. If Your organization account is created and configured on Your behalf by a third party, it is likely that such third party has assumed administrator role for Your organization. Make sure that You enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of Your organization account. You are responsible for (i) ensuring confidentiality of Your organization account password, (ii) appointing competent individuals as administrators for managing Your organization account, and (iii) ensuring that all activities that occur in connection with Your organization account comply with this Agreement. You understand that GBS is not responsible for account administration and internal management of the Services for You. You are responsible for taking necessary steps for ensuring that Your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts. In the absence of any specified administrator account recovery process, GBS may provide control of an administrator account to an individual providing proof satisfactory to GBS demonstrating authorization to act on behalf of the organization. You agree not to hold GBS liable for the consequences of any action taken by GBS in good faith in this regard.

General Limitations

Except as otherwise expressly provided under this License Agreement, You shall have no right, and You specifically agree not to:
A. Utilize the Software beyond the applicable terms;
B. Transfer, assign or sublicense Your license rights to any other person, and any such attempted transfer, assignment or sublicense shall be void;
C. Provide, divulge, disclose, or make available to, or permit the use of the Software by any third party;
D. Sell, resell, license, sublicense, distribute, rent or lease the Software or include the Software in a service bureau or outsourcing offering;
E. Make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or to permit third parties to do the same; F. Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human-readable form, or to permit third parties to do the same;

Indemnification

You agree to indemnify and hold harmless GBS, its officers, Proprietor, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used GBS Promoted Products in violation of another party’s rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to Your use of the Services, except where such use is authorized by GBS.

Limitation of Liability

YOU AGREE THAT LAKSHIT SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BUSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF LAKSHIT PROMOTED PRODUCTS IS AT YOUR SOLE RISK. THE SOFTWARE AND ITS SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. RESPECTIVE BRANDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAKHSIT MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF LAKSHIT PROMOTED PRODUCTS SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF SOFTWARES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Security Policy

You agree not to access or use the Services in any manner that could damage, disable, overburden, or impair any GBS accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any GBS accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any GBS accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any GBS accounts, computer systems or networks without BUSY’s express written permissi

Inactive User Account Policy

Promoted Brands reserve the right to terminate unpaid user accounts that are inactive for a continuous period. In the event of such termination, all data associated with such user account will be deleted. Brand will provide You prior notice of such termination and option to back-up Your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep Your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Hosting Location

The location of the cloud facility from which You are served depends on the mapping of Your region/country to the available cloud facilities at the time of Your sign-up. We may migrate Your account or require You to migrate Your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point of time. You must not mask Your internet protocol (IP) address at the time of sign-up since Your region/country is determined based on Your IP address. If, at any time, Your actual region/country is found to be different from the region/country in Our records, GBS may take appropriate action such as migrate Your account or require You to migrate Your account to the cloud facility corresponding to Your region/country, or close Your account and deny the Service to You..

User Generated Content

You may transmit or publish content created by You using any of the Services or otherwise. However, You shall be solely responsible for such content and the consequences of its transmission or publication. If You are a publisher of news and current affairs content as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, You shall furnish details to the Ministry of Information and Broadcasting as required by Rule 18. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that You do not accidentally make any private content publicly available. Any content that You may receive from other users of the Services, is provided to You AS IS for Your information and personal use only and You agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if You come across any content with copyright notice(s) or any copy protection feature(s), You agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services You affirm that You have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, You expressly agree that GBS will have the right to block access to or remove such content made available by You if GBS receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, You expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by GBS for this purpose.

Sample Files and Application

GBS may provide sample files and applications for the purpose of demonstrating the possibility of using software effectively for specific purposes. The information contained in any such sample files and applications consists of random data. GBS makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Refund and Cancellation

A. There shall be no Refund in case of Termination by Us.
B. In case of Termination by You, only Annual Subscriptions Customer/s are entitled to raise a request for full refund of their subscription amount provided that they have raised a grievance of their dissatisfaction from the services within 7 days from the activation of their services and after giving reasonable time to us to resolve the grievance. Such refund is subject to our sole discretion. In case of such termination, we may downgrade your account to the free plan for that service with limited access.

Governing Law and Jurisdiction

Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Mumbai, India in accordance with the laws of India without regard to conflict of law principles.

Pricing

The features are available with an active License Subscription only. If not renewed, the subscription will be cancelled.