Terms of Use

Last updated: 1 February 2021

This legal agreement is an electronic record in accordance with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000.


This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology Rules (Intermediaries guidelines), 2011 and Rule 4 of the Information Technology Rules (Reasonable security practices and procedures and sensitive personal data or information), 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of the Website and Application.


We, WIT BY BIT, having its registered office at 135 A B.R.B. Basu Road, Kolkata 700001, represented by its Proprietor and hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).


The creator of this Terms of Service ensures a steady commitment to your privacy concerning the protection of your invaluable information. This document contains information about the Web application eregister.app and the Android and iOS applications E-Register (hereinafter referred to as the “Platform” ).

Definitions

For these Terms of Use ( “Terms” ), wherever the context so requires:

  1. “We”, “Our”, and “Us” shall mean and refer to the Company or the Platform, as the context so requires.
  2. “User/Users” shall mean and refer to natural and legal individuals or companies, who use the Platform and who intend to seek information, contact or obtain the services or subscribe to the software of the company through the Platform for seamless order management. The Users must be competent to enter into binding contracts, as per the laws governing the territory of India.
  3. “Services” refer to providing a SaaS based solution to manage distributors, customers and sales team of a company for streamlining B2B orders. The Platform aims to smoothen interaction with customers with respect to their orders.
  4. “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Platform.
  5. “Parties/Party” refers to the Users and the Company together referred to as Parties and individually as Party.
  6. “Policy/Terms” shall refer to the Terms and Conditions of Service and Privacy Policy as available on the platform.
  7. “Platform” refers to the Application, details of which are set out in the opening paragraph to the present Terms of Use.

Terms

  1. The headings of each section in these Terms are only to organize the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
  2. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy. The User expressly agrees and acknowledges that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  3. The User unequivocally agrees that these Terms and the aforementioned Policy constitutes a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that User's act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Privacy Policy.
  4. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services. Their continuous use of the Services will signify their acceptance of the modified terms.

Service Overview

The Company shall provide a platform based on a SaaS (Software as a Service) subscription model for the User which would be either a Company or any other form of Entity to use the platform. The Company aims to find a solution to manage distributors, customers and/or sales teams through the software. The software is useful for streamlining B2B orders. The Company’s process shall involve iterative and human-centred design approach.


The Platform has 2 web applications - one for Users who may be a company or any other form of entities, and one for their customers. Additionally, the platform consists of 2 Android applications - one for the Users and one for the sales team members.


The Platform allows its users to customize and streamline its order cycle from the initial stages of an order being placed to the final stage of dispatching the order. The platform can integrate with the User’s accounting software such as Oracle, Tally, SAP.

Eligibility

The User represents and warrants that they are competent and eligible to do business and that they have the requisite authority to bind themselves to these Terms following the Law.

Content

  1. The Content displayed on the Platform that is created by the Company is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
  2. The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator or to terminate the account of any User who is found to be promoting a business not legally permissible under the laws of the land.
  3. The User shall be solely responsible for making good any financial losses or legal expenses incurred through the creation/sharing/submission of Content in the form of reviews or recommendations or part thereof that is deemed to be untrue/inaccurate/misleading. All the information provided by the User about themselves should be up to date and authentic.

Data Security

The User shall be responsible for maintaining the security of accounts, passwords and files, and for all uses of User’s accounts with or without the User’s knowledge or consent. The User shall not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services.


The User acknowledges that it is responsible for making back-up copies of data and appropriate precautions to protect the User’s computer systems against unauthorised access. If the User does anything to or concerning the Services which is a criminal offence under any law, the User’s right to use the Services will be withdrawn immediately.

Termination

These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.

  1. A User may terminate their use of the Platform at any time.
  2. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
  3. Such suspension or termination shall not limit the Platform’s right to take any other action against User that the Company considers appropriate.
  4. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
  5. In the event of a change in ownership of the Company by means of a merger, acquisition or any other means of Business transfer, the policies and terms of Use for the Platform made effective by the new management shall come into force. The Company will not be required to provide any form of prior notice or intimation of the same or seek consent for the same from the users.
  6. The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
  7. The Platform also reserves the universal right to deny access to particular users, to any/all of its Services without any prior notice/explanation to protect the interests of the Platform and/or other Users of the Platform.
  8. The Company reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
  9. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

Communication

  1. By using the Platforms and providing his/her identity and contact information through the Platform, the User agrees and consents to receive calls, e-mails or SMS from the Platform and/or any of its representatives at any time.
  2. Users can report to the Company any grievances or suggestions that they have through email on contactus@witbybit.com. If they find any discrepancy concerning Service-related information, the Company will take necessary action after an investigation. The response time with resolution (if any issues found) shall be dependent on the nature of the investigation.

User obligations and formal undertakings as to conduct

The User agrees and acknowledges that they are a restricted user of this Platform and that they:

  1. Agree to provide genuine credentials during the process of registration on the Platform. They shall use the platform only with the intent of creating an effective management and communication tool and for obtaining the objective of the usage of the platform.
  2. Agree to ensure the email address, address, contact information and any other personal information provided to the Company is accurate and up-to-date.
  3. Agree that they are solely responsible for maintaining the confidentiality of their account password. The User has to notify the Company immediately of any unauthorized use of their account.
  4. Authorize the Platform to use, store or otherwise process certain personal information, reviews and ratings for marketing and promotional purposes, or for optimization of User’s experience on the Platform.
  5. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
  6. Users expressly consent to not involve the Company in any dispute that arises between the Users concerning the use of the platform.
  7. Agrees that they are using the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
  8. The User hereby expressly authorizes the Company/Platform to disclose any information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
  9. The User agrees to use the platform provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
  10. The User agrees to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If found to be false the User’s account shall be suspended.
  11. The User agrees not to post any material on the platform that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or advertising any goods or services prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
    • belongs to another person and to which the User has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophile, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • violates any law for the time being in force;
    • deceives or misleads other users

Third-party service providers

The User acknowledges that the Services may enable or assist it to access the services or content of or correspond with third-party services (including Google Maps, Tally, Postmark, SAP, Stripe, Firebase Authentication and any payment processor to which the Services may facilitate access) and that it does so solely at its own risk.


The company makes no representation or commitment and shall have no liability or obligation whatsoever concerning the content or use of, or interactions with, any such third-party service.


The company recommends that the User refers to the third party's website terms and conditions and privacy policy before using the relevant third-party website in connection with the Services.

Limitation of liability

This provision sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the User:

  • arising under or in connection with these Terms
  • in respect of any use made by the User of the Services or any part of them
  • in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

except as expressly and specifically provided in these terms:

  • the user assumes sole responsibility for results obtained from the use of the Services by the User, and for conclusions drawn from such use. Company shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Company by the firm in connection with the Services, or any actions taken by Company at the User's direction
  • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement
  • the Services are provided to the Customer on an "as-is" basis.

Nothing in this agreement excludes the liability of Company:

  • for fraud or fraudulent misrepresentation, or
  • any liability for which it would be unlawful to exclude or attempt to exclude.

Subject to the paragraph immediately above:

  • Company shall not be liable whether, in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information (including User Data), or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement
  • Company's total aggregate liability in the contract (including in respect of any indemnity in these Terms), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to 100% of the total fees paid by the User to Company in respect of the Services during the 2 months immediately preceding the date on which the claim arose.

Indemnification

The User agrees to indemnify and hold harmless the Company, its proprietor, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violation of any provisions of the said Terms, or any other claims related to your use of the Platform, except where such use is authorized by the Company.

Intellectual property rights

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.

Confidentiality

Each party the("Receiving Party") understands that the other party the("Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as "Proprietary Information" of the Disclosing Party).


Proprietary Information of the Company includes all non-public information regarding features, functionality and performance of the Service. Proprietary Information of the User includes non-public data provided by the User to the Company to enable the provision of the Services.

The Receiving Party agrees:

  • to take reasonable precautions to protect such Proprietary Information, and
  • not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.

The Disclosing Party agrees:

  • that the foregoing shall apply concerning any information for a period after the termination/expiry of this agreement.

This Clause shall not apply to any information that

  • is or becomes generally available to the public, or
  • was in its possession or known by it before the receipt from the Disclosing Party,
  • was rightfully disclosed to it without restriction by a third party, or
  • is required to be disclosed by law.

For the avoidance of doubt, the Company may use data or insights provided by the User to develop or improve services provided by the Company to the Users or any other customers of the Company.

Force majeure

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to causes beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized acts.

Dispute resolution

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR” ) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and Policy.

  1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. If the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to other Party, the dispute will be resolved by arbitration, as detailed hereinbelow.
  2. Arbitration: If the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Kolkata, West Bengal.
  3. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations governing the territory of India.

Jurisdiction

The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of Kolkata, West Bengal.

Grievances

Any communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by sending an email to contactus@witbybit.com.

Miscellaneous provisions

  1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company concerning the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
  2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
  4. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience, you can reach out to us at contactus@witbybit.com.