Scope
Tiding NEWS Publishing software is owned and managed by Kiri Infotech Pvt Ltd. This Agreement is a legally binding contract between you ("Customer") and Kiri Infotech Pvt Ltd. (which will be referred as "Kiri Infotech" for the rest of agreement). Kiri Infotech provides the Service(s) (as defined below) to you subject to and conditioned upon your acceptance of this Agreement.
BY ACCESSING AND USING THE SERVICE IN ANY WAY, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO ANY OF THE TERMS.
Kiri Infotech reserves the right to change this Agreement at any time. All the changes to the Agreement will be effectively immediately after publication of the revised version at www.tiding.in/termsofservice. We encourage you to review this Agreement periodically.
Definitions
| Agreement | This contract between Kiri Infotech and its Customers |
| Customer | An individual,company or firm that pays to use the Information Publishing Application |
| Application | The cloud applications available at www.tiding.in or any of its sub-domain |
| Users | Individual people or accounts that are designated and Authorized by Customer to access Information Publishing Application |
| Customer Data | All Contact Information and other permitted information submitted by Customer to, or collected by Customer via, the Service |
Compelled Disclosure
Kiri Infotech reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Data Retention
Kiri Infotech will retain your information while providing Services to you. In the event of your cancelling your account with us, we guarantee to retain your data (your client's profile only) for your backup purposes only for one month from cancellation date after which we may delete and destroy it. However, we will retain any data for as long as required to comply with laws or enforce our rights.
Services Availability and Usage - Kiri Infotech Responsibilities
Kiri Infotech will use commercially reasonable effort to make Services available 24x7 except in case of Planned Downtime (defined below) and Force Majeure(defined later in the agreement).
Planned Downtime
Kiri Infotech may shut down the Services to perform planned maintenance of the platform or to upgrade the platform. To the extent possible and reasonable, we will schedule such downtime in non-business hours for majority of our Customers over weekend. We will provide at least 8 hours of notice for such downtime.
Services Availability and Usage - Customer Rights & Responsibilities
Kiri Infotech grants a non-transferable, non-exclusive, worldwide right to permit Users authorized by Customer to access and use the Services subject to the terms of the Agreement.
Customer agrees that:
| Customer will comply with this agreement in Service usage. |
| Customer will prevent unauthorized access to the Service and Customer Data. |
| Customer is responsible to provide computers, computer operating system and web browser to access Services. |
| Customer shall consume the Services only for its own internal business operations and not for the operation of a service bureau or time-sharing service, or otherwise for the benefit of a third party. |
Service Usage Restrictions
Customer agrees that it shall not:
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Kiri Infotech, THE SERVICES ARE PROVIDED TO CUSTOMER ON AN "AS IS" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM “Kiri Infotech” IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
Mutual Indemnification
KIRI INFOTECH shall defend, indemnify and hold Customer harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with claims, demands, suits or proceedings ("Claims") made or brought against Customer by a third party alleging that the use of the Services as contemplated hereunder infringes the intellectual property rights of a third party; provided, that Customer (a) promptly gives written notice of the Claim to KIRI INFOTECH; (b) gives KIRI INFOTECH sole control of the defense and settlement of the Claim (provided that KIRI INFOTECH may not settle or defend any Claim unless it unconditionally releases Customer of all liability); and (c) provides to KIRI INFOTECH, at KIRI INFOTECH's cost, all reasonable assistance.
Customer shall defend, indemnify and hold KIRI INFOTECH harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with Claims made or brought against KIRI INFOTECH by a third party alleging that Customer Data, or Customer's use of the Services in violation of the Agreement, infringes the intellectual property rights of, or has otherwise harmed, a third party or violates any law or regulation; provided, that KIRI INFOTECH (a) promptly gives written notice of the Claim to Customer; (b) gives Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle or defend any Claim unless it unconditionally releases KIRI INFOTECH of all liability); and (c) provides to Customer, at Customer's cost, all reasonable assistance.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY, ITS OFFICERS OR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS (INCLUDING SUBSTITUTION OF SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY THIRD PARTY SERVICES DELIVERED IN CONNECTION HEREWITH EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY; AND IN NO EVENT SHALL EITHER PARTY'S OR ITS AFFILIATES' OR RESOURCES' CUMULATIVE LIABILITY HEREUNDER (OTHER THAN FOR CLAIMS FOR PAYMENT OF FEES DUE) EXCEED THE LOWER OF AMOUNT PAID OR PAYABLE BY CUSTOMER TO “KIRI INFOTECH” IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH CLAIM OR INR 50000 (INDIAN RUPEE FIFTY THOUSAND ONLY).
Force Majeure
Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility or sabotage; act of God; electrical, hacking or unethical attack, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Data Retention
We will retain your information while providing Services to you. In the event of your cancelling your account with us, we guarantee to retain your data for your backup purposes only for one month from cancellation date after which we may delete and destroy it. However, we will retain any data for as long as required to comply with laws or enforce our rights.
Contracting Entity
The Legal Entity behind KIRI INFOTECH entering into this Agreement is: Kiri Infotech Pvt Ltd, 204, Usha nagar Ranjeet hanuman Road Indore 45209 INDIA.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Madhya pradesh, India. The parties agree that any litigation brought under or in connection with this Agreement will be brought in the courts of competent jurisdiction located in the city Indore, District Indore of State Madhya pradesh, Country India. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorney's fees.
Actions Permitted
Except for actions for non-payment or breach of a party's proprietary rights, no action, regardless of form, arising out of or relating to the Agreement may be brought by either party more than one year after the cause of action has accrued.
Entire Agreement
This Agreement, including all exhibits and addenda hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary therein, no terms or conditions stated in your purchase order or other order documentation (excluding Order Forms) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
Survival
The following sections shall survive the expiration or termination of this Agreement: Fees and Payments for the Services, Proprietary Rights / Ownership, Confidentiality, Mutual Indemnification, Disclaimer, Limitations of Liability, Term, Termination, Cancellation and Refund, and General Provisions.
Kiri Infotech Pvt. Ltd. | #204, Usha nagar | Ranjeet Hanuman RoadIndore - 452009, INDIA
Tel: +91 8878601181
Email: sales@kiriinfotech.com
Website: www.tiding.in
