Thank you for visiting the Website. VA Tech Ventures Private Limited (“us”, “we”, “Company” or “VA Tech”) is the author and publisher of the internet resource http://happay.com/(“Website”) on the World Wide Web as well as the software and applications provided by the Company, including but not limited to information in relation to the software, applications and Services, made available on all the pages of the Website.
We provide, inter alia, a variety of payment and expense workflow and management solutions to the Users, the details of which are available on the Website, (“Services”).
All rights are reserved by the Company. The content, code and applications contained on this Website, under the domain http://happay.com/ are protected. Users shall not reproduce, copy, or redistribute content or code in any form without prior written permission from the Company except for purely personal and non-commercial uses.
All the statements in these Terms apply to all Users, and all Users are therefore required to read and understand these Terms set out herein prior to accessing the Website and/or utilizing any Services from the Website, failing which they are required to leave the Website immediately.
Company controls and operates this Website from India and the Terms are solely governed by and must be interpreted in accordance with Indian laws. Our Services are offered only in countries where they may be lawfully offered by the Company. The content on this Website are not intended for use by persons located in, or resident in countries that restrict the Services. The information provided on this Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Website shall not be considered as communicating any invitation or inducement to engage in any activity outside any jurisdiction where the Company is not licensed or authorized to perform such activities and the User acknowledges and understands that:
- Not all of our Services that you may be able to view via this Website may be available in all geographical locations served by us. It is the responsibility of any persons accessing this Website and any information available through this Website to inform himself or herself of, and to observe fully the applicable laws and regulations of any relevant jurisdiction. The Company may decline to provide you with its Services solely based on your location.
- We may modify or discontinue any Service, any information or features that form a part of the Website, at any time, with or without notice to you, and without liability.
- The Services are available only to persons who can form legally binding contracts under applicable law. The Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
- The Company reserves the right to terminate its Services for any suspected violation of the rules, regulations, orders, directions, notifications issued by any statutory authority from time to time or for any violation of the terms and conditions mentioned herein.
2) Relying on Information:
- The Services on this Website do not constitute an offer or recommendation of any products or services provided by us or any third party.
- By accessing this Website, the User wishes to gain, for its own use, more information about the Company and the Services offered by Company;
- No representation is given that any Services discussed in or accessible through this Website are suitable for you or any particular person. You acknowledge that your use of this Website and any requests for information you have made as a result of visiting this Website have not been solicited by the Company or any of its affiliates and that the provision of any information through this Website shall not constitute or be considered advice in any manner. The information contained on this Website is not intended to provide professional advice. Persons accessing these pages should obtain appropriate professional advice when necessary;
- The Company retains the absolute right to determine eligibility for subscription to any of the Services; and
- We do not represent or warrant that the Website will be available and meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.
4) Intellectual Property:
- The User has no right to use or copy any of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of the Company including the domain name ‘www.happay.com’ or any other person as displayed on this Website;
- The content and information contained within our Website or delivered to you in connection with your use of our Website is the property of Company and any other third party (where applicable). The trademark, trade names and logos (the “Trade Marks”) that are used and displayed on our Website include registered and unregistered Trade Marks of ourselves and other third parties;
- Nothing on our Website should be construed as granting any license or right to use any Trade Marks displayed on our Website. We retain all proprietary rights on our Website. Users are prohibited from using the same without written permission of the Company or such other parties;
- The materials on this Website are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the Company’s prior written consent; and
- Unless otherwise agreed between the parties, the User hereby grants the Company a non-exclusive right and license to use User’s name and such of User’s trade names, trademarks, service marks and logos (“User’s Marks”) for the purposes of publishing advertisements on the Website in relation to the Services provided by the Company to the User.
5) User’s Responsibility:
- The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software based on the details available on this Website;
- The User’s use of the Website and/or Services shall not violate any applicable law or regulation;
- The User agrees that he/she is solely responsible for the content that he/she chooses to submit (if any) for publication on the Website, including any User Feedback relating to the Services or Website. The role of the Company in publishing User Feedback is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000;
- The User shall not under any circumstances whatsoever use the Website to send or post any messages or any material that is defamatory, unlawful, abusive, harassing, indecent, harmful, threatening, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law;
- The Users, who are desirous of availing the Services shall have to execute a definitive agreement and / or additional documents prescribed by Us (if any). Such Users shall be bound by the terms and conditions contained in the definitive agreement and / or the additional documents in order to avail Our Services;
- User shall not utilize the Services for unlawful, obscene, offensive or fraudulent content or activity such as advocating harm, interfering with or violating the integrity or security of a network or system, sending unsolicited abusive or deceptive messages, viruses or harmful code or violating any third party rights;
- User shall not use the Services for creating or sending internet viruses, worms, trojan horses etc. The User is also prohibited from engaging in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with the ability of others to effectively use the Services;
- User shall not indulge in hacking or other related activities. Hacking for the purpose of this clause shall mean activities including but not limited to illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans and other activities designed to assist in hacking;
- Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Company may remove or block User’s access to content appearing on or through the Services in case of any such violation;
- Company does not allow the use of anonymous proxy scripts on its Website. They can be very abusive to the server resources, affecting all users on that server. User shall not access or copy any portion of the Services through any automated viewing, downloading or crawling systems;
- User may not access or use any third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party;
- The User shall be solely liable to separately back up his/her files and data that may be uploaded on the Website. Under no circumstances will the Company be liable to anyone for damages of any kind arising out of loss of User’s files and/or data uploaded on the Website;
- User herby agrees to indemnify and hold harmless the Company, its content providers and respective directors and officers against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of the foregoing; and
- You must always obtain the prior written approval of Company before creating a hyperlink in any form from a third party website to this Website. Company may or may not give such approval at its absolute discretion.
6) Personal Information:
- Personal information provided by the User on this Website is done voluntarily;
- It is expressly agreed by the User that his/her personal information may be passed to a third party in order to deliver the Services requested by him/her;
- You also permit us to disclose your information to service providers, with whom Company has a contractual relationship, who help with our business operations and Services offered on the Website; and
- The User also agrees and acknowledges that, if required, the Company may transmit such data at the request of a duly recognized law enforcement and governmental agencies.
- This Website has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. We utilize firewalls, SSL encryption technologies, and secured server and authentication procedures for security purposes of our Website;
- Internet communications may be susceptible to interference or interception by third parties. We assume no liability for any disclosure of information due to any errors in transmission, unauthorized third party access to our Website and data bases or other acts of third parties, or acts or omissions beyond our reasonable control; and
- Despite our best efforts, we make no warranties that the Website is free of infection by computer viruses or other unauthorized software. You should take necessary precautions while using the Website and take necessary steps in order to keep the Website secure. This includes clearing your Internet browser cookies and cache before and after using any services on the Website.
- Due to the nature of the internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. The Company is not liable for malfunctions in communications facilities which are not under its control that may affect the accuracy or timeliness of messages and transactions you send; and
- E-mail messages sent to Company over the internet cannot be guaranteed to be completely secure. The Company is not responsible for any damages incurred by Users if they send a message to the Company or its affiliates, or if the Company or its affiliates send a message to them at their request, over the internet. The Company is not responsible in any way for direct, indirect, special or consequential damages arising out of the use of this Website.
9) Third Parties and Hyperlinks:
- The display on this Website of any products or services offered by third parties does not in any way suggest that Company approves, endorses, recommends, guarantees or introduces any of these third parties or products or extends any advice to the User about these third parties or their products;
- We are not in any way responsible for the content of any externally linked website or webpage (if any). You use or follow these links at your own risk and Company is not responsible for any damages or losses incurred or suffered by you arising out of or in connection with your use of the links. Company is not a party to any contractual arrangements entered into between you and the provider of the external website unless otherwise expressly specified or agreed to by Company; and
- Company reserves the right to object or disable any externally linked website to or from the Website.
- This Website is a resource for information purposes only. Company makes no endorsement of, is not responsible for and makes no representations or warranties with respect to links from this Website to other information, websites or entities. This Website is intended, but not warranted, promised or guaranteed, to be correct, complete, and up-to-date. Company expressly disclaims and will not be liable for any act or omission or any consequence of any act or omission by the User relying on material/information provided in this Website;
- Whilst every care has been taken in preparing the information materials contained in this Website, such information and materials are provided “as is” without warranty of any kind, either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information and materials. The Company assumes no liability for the interpretation and/or use of the information contained or referred to on this Website; and
- User agrees that the content they access on Website does not in any way constitute any advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the said content, is solely attributable to the User. The User agrees to absolve the Company from and indemnify Company against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of the content on the Website.
11) Suspension and Termination of Services:
Company reserves the right to suspend, terminate or restrict the User’s access to the entire or a section of this Website/Services without notice. Further this limited license terminates automatically, without notice to you, if you are in breach of any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.
12) Governing Law:
The Terms and Conditions of this Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts and tribunals at Bangalore, Karnataka.
The Terms may be modified at the discretion of Company and the User’s usage of this Website shall be governed by the Terms in effect at the time of usage. You are encouraged to review these Terms from time to time.
14) Contact information Grievance Officer:
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Chandan Kumar Designation: Head, Finance and Operations Email: at firstname.lastname@example.org Telephone: 08061776177 (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011, please address your grievance to the above person.
If for any reason whatsoever, any provision of these Terms is or becomes, or is declared by a court of competent jurisdiction to be, invalid, illegal or unenforceable, then the Parties will negotiate in good faith to agree on such provision to be substituted, which provisions shall, as nearly as practicable, leave the Parties in the same or nearly similar position to that which prevailed prior to such invalidity, illegality or unenforceability.