TERMS AND CONDITIONS APPLICABLE FOR USAGE OF MOBIATTENDANCE MOBILE APPLICATION SERVICES OWNED AND DEVELOPED BY YANTRAMATIC ESERVICES PRIVATE LIMITED (YANTRAMATIC)
1. DEFINITIONS
In these terms and conditions (hereinafter referred to as “Terms and Conditions”), the following words and phrases have the meaning stated hereunder unless indicated otherwise:
“Application” shall mean application (whether offline or online) for availing team task mobile application services of Yantramatic.
In these terms and conditions (hereinafter referred to as “Terms and Conditions”), the following words and phrases have the meaning stated hereunder unless indicated otherwise: “Application” shall mean application (whether offline or online) for availing team task mobile application services of Yantramatic.“Channels” shall mean interface of Yantramatic or interface installed at the Client's electronic communication devices like mobile or other smart devices as permitted by Yantramatic through which the Client may supply the requests for instructions to specified persons.
"Client" shall mean any Person having an account or requesting for availing the MobiAttendance mobile application services of Yantramatic pursuant to an Application and shall include its users where the context so requires.
"Locations" shall mean such locations where Yantramatic may provide MobiAttendance mobile application services of Yantramatic, and such other locations as may be intimated by Yantramatic to the Client from time to time.
"Facility" or "Services" shall mean team task mobile application services offered by Yantramatic to the Client to tack task creation, task monitoring and task execution and other task related offerings as per Annexure A to these Terms and conditions.
"Person" shall mean and include individuals, company or corporation, trust, sole proprietorship, partnership firm and any other association of persons whether registered or not.
2. APPLICABILITY
The Client shall make an Application to Yantramatic for use of the Facility. By applying for or availing the Services, the Client acknowledges as having read, understood and accepted these Terms and Conditions. These Terms and conditions along with other agreement, if any, entered into between the parties shall constitute the entire understanding between the Parties.
3. FACILITY
3.1
The Client shall make an Application to Yantramatic for use of the Facility. By applying for or availing the Services, the Client acknowledges as having read, understood and accepted these Terms and Conditions. These Terms and conditions along with other agreement, if any, entered into between the parties shall constitute the entire understanding between the Parties.
3.2 Payments
The Client shall make an Application to Yantramatic for use of the Facility. By applying for or availing the Services, the Client acknowledges as having read, understood and accepted these Terms and Conditions. These Terms and conditions along with other agreement, if any, entered into between the parties shall constitute the entire understanding between the Parties.
3.3 Services
Yantramatic shall provide Facility in such Locations as agreed by Yantramatic. Yantramatic shall be duly discharged of its obligations under the Facility as long as the instructions to the persons concerned to the Client are carried out, provided that, Yantramatic shall not be liable for any loss or delay in receipt of the such instructions or otherwise beyond the reasonable control of the Clients.
The Client shall provide all the necessary details of its Instructions appropriately as described in team task mobile application services of Yantramatic. The Client agrees to conform to the technologies, devices, and other security measures suggested by Yantramatic from time to time. Further the Client undertakes to take all reasonable steps to ensure that the accuracy, completeness, authenticity and security of the details provided is not tampered or violated at its end.
The Client hereby agrees that Yantramatic is not bound to take cognizance of any email request on behalf of the Client in respect of the team task mobile application services of Yantramatic. The Client further agrees that Services are liable to be discontinued with notice of 30 days at Yantramatic sole discretion (other than in respect of payment default, for which no notice shall be required). The Client further agrees that access to the above Services would be subject to such terms and conditions as Yantramatic may, from time to time, provide for availing of such Services and the Client agrees and undertakes to abide by all such terms and conditions.
The Client represents, confirms and acknowledges that the Services are non-secure means of communication and liable to delay, non-delivery, corruption, hacking and interception by third parties. The Client agrees that Yantramatic provides the team task mobile application services and “as is” basis without any obligation or duty to enquire into the genuineness or correctness of such communication and all such communications shall bind the Client. The Client agrees and undertakes to confirm and ratify without any delay or demur, if so required by Yantramatic, all its instructions / requests given pursuant to these Terms and Conditions.
4. FACILITY LIMITATIONS
The Client may subscribe for Storage facility of Yantramatic whereby the Client information shall be able to view the summary of information under the Facility in the manner as agreed as designed under the Facility.
Yantramatic will take reasonable steps to regularly update the information provided through Services. The Facility is provided on an “as is” and “as available” basis. Except as warranted in the Terms and Conditions, Yantramatic expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to merchantability, fitness for a particular purpose, data accuracy and completeness relating to Facility. Yantramatic does not warrant that access to the Facility will be uninterrupted, timely or error free. Yantramatic shall on a best efforts basis maintain the Facility error free. Yantramatic will not be liable for any virus that may enter the Client's system as a result of the Client using the Facility.
The Client would be permitted to access storage Facility through the modes designed in the MobiAttendance mobile application services (or its website application) through user id and password. The Client accepts the sole responsibility for use, confidentiality and protection of the user id and password and the access to the said facility. The Client shall comply with such guidelines, instructions or terms as Yantramatic may prescribe from time to time with respect to security of the password. The Client shall immediately inform Yantramatic if the Client knows or believes that the security of the password has been compromised.
5. COMMUNICATION
The Client agrees that Yantramatic may send information including data, statements and reports to the Client relating to the Facility (via electronic mail to an address designated by the Client for that purpose in the Application or separately. The Client recognizes that such information would be of a confidential nature and the information may be intercepted, read, modified or altered by any person during such transmission. The Client agrees that Yantramatic shall not be liable for any inaccuracy, error, interruption, delay in, or omission of any data or information or the transmission or delivery of such data or information nor will Yantramatic be liable for any error, omission or delay in the services provided by any internet service provider or any third-party service provider on whose performance Yantramatic is dependent for transmitting such information or data. Yantramatic. The Client confirms that the MobiAttendance mobile application services shall strictly and only be used for legally permissible commercial business us and not otherwise. In any event, the Client shall be solely responsible for any such data and the purpose of its use.
6. REPRESENTATIONS AND WARRANTIES
The Client represents to Yantramatic that:
i. The Client has full power to perform its obligations in accordance with these Terms and Conditions and has taken all necessary action, including all internal and corporate approvals, for execution of the Application and availing of the Facility.
ii. Availing of the Facility from Yantramatic does not or shall not violate or conflict with any law applicable governing the Client and/or any regulatory requirements, any provision of the Client's constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets or terms of any contract binding on or affecting it or any of its assets. Provided that the Client shall intimate Yantramatic of any change in any regulatory requirements, the effect of which may be to restrict or prohibit the provision of the Facility.
iii. The Client shall be solely responsible for any acts, errors, omission or fraud on the part of its employees or agents.
7. TERMINATION OF THE FACILITY
The Client may discontinue or terminate use of the Facility hereunder by giving minimum 30 days prior written notice to Yantramatic, provided that no notice shall be provided in case of payment defaults as contemplated herein above. Provided that such termination shall not affect the Client's liability to fulfill and complete its payment obligations in connection with the Facility, including without limitation. Yantramatic reserves the right to terminate or suspend the Facility, in whole or in part, forthwith, at any time without assigning any reason by notifying the Client either appropriately through its website, email, fax or letter or other communication as it may deem fit. In case of a temporary withdrawal or suspension of the Facility, the privileges may be reinstated by Yantramatic at its sole discretion.
8. LIMITATION OF LIABILITY
Yantramatic shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message of the Client.
Under no circumstances shall Yantramatic, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, negligence, loss of profits, loss of data or other intangible information, business interruption, loss of privacy, or any pecuniary loss), arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of Services or resulting from unauthorized access or alteration of transmissions or data or arising from suspension or termination of the Services or any inability of Yantramatic to receive instructions, directions, orders or other communications from the Client or to transmit any related message for any reason whatsoever, whether based on contract, tort, strict liability or otherwise. Please note, in any event, the liability of Yantramatic shall not be more that of the fees less taxes received by it in the preceding year minus outstanding amounts if any. Each of the Party i.e. User and/or the Website/Application service provider understands that the service provider is merely providing the Services as contemplated in the Agreement based on the information/data provided by the User and the Service Provider do not own, possess or otherwise deals with any such information except to provide such information in a specified format to the User (its representatives) being the subject matter of the services. The data/information being used in the Application on ‘as if basis’ is owned and processed by the User through the algorithm/software used in the Application. The User shall be responsible not to place any sensitive information or other personal information of the its representatives, etc. into the Application except office related information. In case of any breach or any third party liabilities for any reason, the User shall be responsible and the User confirm that its adequate mechanism to filter and process the sensitive information of its subjects and maintains the same as per its policy. In any event the liability of Website Owner or Application service provider shall be limited to the fees received it of one year.
9. GOVERNING LAW
These Terms and Conditions is governed by and construed in accordance with the Indian law. Any legal action or proceedings arising out of these Terms and Conditions shall be brought in the courts or tribunals at Pune in India and the Client irrevocably submits to the non-exclusive jurisdiction of such courts and tribunals. Yantramatic may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms and Conditions in any other court, tribunal or other appropriate forum, and the Client hereby consents to that jurisdiction.
10. SEVERABILITY
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of these Terms and Conditions or affect such provision in any other jurisdiction.
11. NON-TRANSFERABILITY
The Facility is not transferable under any circumstance and shall be used only by the Client.
12. ASSIGNMENT
The Client shall not assign its rights or obligations under the Facility to any person. Yantramatic may assign its rights and/or obligations hereunder, at any time, to any person without notice to the Client.
13. WAIVER
No failure or delay by Yantramatic in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any other right, power or privilege. The rights and remedies of Yantramatic hereunder are cumulative and not exclusive of any rights or remedies available in law.
14. ADVERTISING OR PUBLICITY
The Client shall at no time use or associate the name or marks of Yantramatic with its own name or refer to Yantramatic in any advertising or publicity releases or during any of its promotional or marketing activities without the prior written consent of Yantramatic. However, Yantramatic may use Clients name as part of marketing materials.
15. ADVERTISING OR PUBLICITY
In connection with the Facility, the Client agrees to execute and deliver such additional documents and perform actions as may be necessary or reasonably requested by Yantramatic to carry out or evidence the transactions/services carried out or contemplated under the Facility.
16. THIRD PARTY RIGHTS
A person who is not a party to these Terms and Conditions shall have no right to enforce them.
17. DISCLAIMER
Yantramatic shall use best efforts in providing Facility to the Clients. Yantramatic shall not be liable for any non-compliance of any applicable rules and regulations by the Client in connection with the Facility. Yantramatic makes no express or implied warranty with respect to the Facility. Yantramatic makes no warranty that : (i) the Facility will meet all the requirements of the Client; or (ii) the Facility will be uninterrupted or timely. The Client shall not hold Yantramatic responsible for any breakdown/interruption/delay/failure or any technical flaw in the Website, Internet or the related services provided by Internet service providers or other telecommunication service providers and / or any consequent delay or failure in completion of any request / instruction submitted by the Client.
Yantramatic shall not be liable for any fraud, misconduct, act, omission or negligence of the agents or employees appointed by Yantramatic or the Client for the purpose of the Services hereunder. Yantramatic shall not be liable for any indirect, incidental, special, consequential or punitive damages or any other loss of profits or otherwise, whether incurred directly or indirectly or any loss of data, use, goodwill or otherwise resulting from usage of the Facility. In any event, the liability shall be limited to the amount of fees received by Yantramatic in the last financial years as reduced by the taxes levied on it.
Each of the Party i.e. User and/or the Website/Application service provider understands that the service provider is merely providing the Services as contemplated in the Agreement based on the information/data provided by the User and the Service Provider do not own, possess or otherwise deals with any such information except to provide such information in a specified format to the User (its representatives) being the subject matter of the services. The data/information being used in the Application on ‘as if basis’ is owned and processed by the User through the algorithm/software used in the Application. The User shall be responsible not to place any sensitive information or other personal information of the its representatives, etc. into the Application except office related information. In case of any breach or any third-party liabilities for any reason, the User shall be responsible, and the User confirm that its adequate mechanism to filter and process the sensitive information of its subjects and maintains the same as per its policy. In any event the liability of Website Owner or Application service provider shall be limited to the fees received it of one year.
ANNEXURE- A- Description of Services
1. MobiAttendance User can choose language out of listed languages in the App.
2. MobiAttendance User can send the REQUIREMENT by choosing the same from various options provided in the App.
3. Requirement sent by MobiAttendance user will be delivered to staff in their chosen language.
4. MobiAttendance User can choose language out of listed languages in the App.
5. MobiAttendance user can choose navigation, without entering the address to reach at Staying Address through Google App.
3. MobiAttendance user will be able to see the list of Hotels/Guest Houses etc. who have subscribed this app and are registered members of MobiAttendance .
MobiAttendance.com
1. GENERALa. This Mobile Application with the name of MobiAttendance App (“MobiAttendanceStaff App" “MobiAttendance Admin App”) is developed and operated by YantramaticeServices Pvt Ltd. We are committed to protecting and respecting your privacy. We do collect your personal information and process your personal data in accordance with the IT Act, 2000 (21 of 2000) and other national and state laws which relate the processing of personal data. Please read the following carefully to understand our views and practices regarding your personal data.
b. Downloading, accessing, or otherwise using the App indicates that you have read this Privacy Policy and consent to its terms. If you do not consent to the terms of this Privacy Policy, do not proceed to download, access, or otherwise use the App.
c. We collect your personal information in order to provide and continually improve our products and services.
d. Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically. The last updated date can found at the beginning of this policy.
e. All partner firms and any third-party working with or for Us, and who have access to personal information, will be expected to read and comply with this policy.
2. HOW WE COLLECT THE INFORMATIONa. From you directly and through this App: We may collect information through the App when you visit. The data we collect depends on the context of your interactions with our App.
b. Through business interaction: We may collect information through business interaction with you or your employees.
c. From other sources: We may receive information from other sources, such as public databases; joint marketing partners; social media platforms; or other third parties such as:
I. Information about your interactions with the products and services offered by our subsidiaries.
3. INFORMATION WE COLLECT
a. We collect information primarily to provide better services to all of our customers.
b. We collect the following information from you when you use or signup on our App:
Name, Email id, Mobile number, Employee Number, Location at the time of marking attendance and field reporting.
c. When you visit our App, some information is automatically collected. This may include information such as the type of mobile device, Operating System (OS) running on your device, Internet Protocol (IP) address, unique user ID, access times, device type, and language. We also collect information about how you use Our products or services.
d. We automatically collect purchase or content use history, which we sometimes aggregate with similar information from other customers to create features such as Best Seller, Top Rated, etc...
e. The information about your usage of the App, including crash logs and usage statistics.
f. Information about the location of your device, including information of geolocation at the time of Marking Attendance and Field Reporting. Employer has got the choice of viewing your location periodically, within Office Time only.
g. We automatically collect information using "Cookies". Cookies are small data files stored on your device. Among other things, cookies help us to improve our App, our marketing activities, and your experience. We use cookies to see which areas and features are popular and to count visits to our App.
h. We will retain your information as long as we require this to provide you with the goods and services and for such period as mandated by the concerned laws.
i. If you opt to receive marketing correspondence from us, subscribe to our mailing list or newsletters, enter into any of our competitions or provide us with your details at networking events, we may use your personal data for our legitimate interests in order to provide you with details about our goods, services, business updates and events.
4. HOW WE USE INFORMATION
a. We use the information we collect primarily to provide, maintain, protect and improve our current products and services.
b. We use the information collected through this App as described in this policy and we may use your information to:
I. Improve our services, App and how we operate our businesses;
II. Understand and enhance your experience using our App, products and services;
III. Provide customer support and respond to your requests, comments, and inquiries;
IV. Provide Your Attendance record with location to you, your seniors and your employer/Admin;
V. Create and manage the online accounts you manage on our App;
VI. Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
VII. Communicate with you about promotions, upcoming events and news about products and services;
VIII. We may process your personal information without your knowledge or consent where required by applicable law or regulation for the purposes of verification of identity or for prevention, detection or investigation, including of cyber incidents, prosecution and punishment of offences;
IX. Protect, investigate and deter against fraudulent, unauthorized or illegal activity.
5. DATA TRANSFER
a. Information about our user is an important part of our business and we take due care.
b. We may employ other companies and individuals to perform functions on our behalf. The functions include fulfilling orders for products or services, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring credit risk, and providing customer service.
c. These third-party service providers have access to personal information needed to perform their functions but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable data protection laws.
d. We release account and other personal information when we believe is appropriate to comply with the law, enforce or apply our conditions of use, and other agreements, protect the rights, property or safety of Us, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
6. DATA SECURITY
a. We take due care to protect customer data. Technical measures are in place to prevent unauthorized or unlawful access to data and against accidental loss or destruction of, or damage to the data. The employees who are dealing with the data have been trained to protect the data from any illegal or unauthorized usage.
b. We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal customer information.
c. We take reasonable steps to help protect your personal information in an effort to prevent the loss, misuse, and unauthorized access, disclosure alteration and destruction. It is your responsibility to protect your user names and passwords to help prevent anyone from accessing or abusing your accounts and services. You should not use or reuse the same passwords you use with other accounts as your password for our services.
d. It is important for you to protect against unauthorized access to your password and your devices, and applications. Be sure to sign off when you finish using a non-personal device.
e. Information you provide to us is shared on our secure servers. We have implemented appropriate physical, technical and organizational measures designed to secure your information against accidental loss and unauthorized access, use, alteration or disclosure. In addition, we limit access to personal data to those employees, agents, contractors, and other third parties that have a legitimate business need for such access.
f. Information collected from you will be stored for such period as required to complete the transaction entered into with you or such period as mandated under the applicable laws.
7. LINKS TO THIRD PARTY SITE/APPS
Our App may, from time to time, contain links to and from other Apps/Websites of third parties. Please note that if you follow a link to any of these Apps/Websites, such Apps/Websites will apply different terms to the collection and privacy of your personal data and we do not accept any responsibility or liability for these policies. When you leave our Site, we encourage you to read the privacy policy of every App/Website you visit.
8. SHARING OF PERSONAL INFORMATION
a. We do not share your personal data with third parties without your prior consent other than:
I. With third parties who work on our behalf provided such third parties adhere to the data protection principles set out in the IT Act, 2000 (21 of 2000) and other applicable legislation, or enter into a written agreement with Us requiring that the third party provide at least the same level of privacy protection as is required by such principles;
II. To comply with laws or to respond to lawful requests and legal process;
III. To protect the rights and property of Us, our agents, customers, and others including to enforce our agreements, policies and terms of use;
IV. In an emergency, including to protect the personal safety of any person; and
V. For the purpose of a business deal (or negotiation of a business deal) involving the sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or bankruptcy transaction or proceeding).
9. CHILDREN
If you are under the age of 18 or the age of majority in the jurisdiction in which you reside, you may only use Our App with the consent of your parent or legal guardian. In any case, We will not be liable for any cause of action that arose due to non-compliance with this section.
10. YOUR INFORMATION CHOICES AND CHANGES
a. You can also make choices about the collection and processing of your data by Us. You can access your personal data and opt-out of certain services provided by the Us. In some cases, your ability to control and access to your data will be subject to applicable laws.
b. You may opt-out of receiving promotional emails from Us by following the instructions in those emails. If you opt-out, we may still send you non-promotional emails, such as emails about our ongoing business relationship. You may also send requests about you got preferences, changes and deletions to your information including requests to opt-out of sharing your personal information with third parties by sending an email to the email address provided at the bottom of this document.
11. CHANGES TO THIS POLICY
We may change this policy from time to time. If we make any changes to this policy, we will change the "Last Updated" date above. You agree that your continued use of our services after such changes have been published to our services will constitute your acceptance of such revised policy. If you have any concern about privacy or grievances with Us, please contact us with a thorough description and we will try to resolve the issue for you.
Contact Details:
Contact Number:+91 7373557979
email id: support@mobiattendance.com