Terms and Conditions

These Terms and Conditions (hereinafter referred to as the “Terms and Condition”) set forth the terms that apply to the access and use of the website www.onlyonesoftware.com (hereinafter collectively referred to as the “Platform”) and the Services rendered thereof. The Platform is owned and operated by FIT TECH CO. (hereinafter referred to as the “Company”), a company incorporated under the provisions of the Companies Act 2013. The Company runs the E-Commerce Platform where the users can list their products or services for the end customers. (“Services”).

Users are requested to carefully read these terms and conditions prior to accessing, browsing, or using the Platform. Accessing, browsing, or using the Platform by the Users, shall be deemed to constitute their acceptance of these Terms and Conditions and an undertaking to be bound by its provisions.

This document is an “Electronic Record” in accordance with the provisions of the Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information and Technology Act, 2000. This electronic record is generated by the computer system and does not require any physical or electronic signature. This document constitutes a lementgally binding agree between the User and the Company establishing the rights and obligations pertaining to the use of the Platform and availing the various services, features, content, and offerings available on it.

The Company reserves the right, at its sole discretion, to amend, modify, add, or delete portions of the Terms, at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Platform following the amended Terms shall mean that you accept and agree to the edits.

Kindly note, for the purpose of these Terms and Conditions (the “Terms” and “Terms and Conditions”), the use of “we”, “us”, and “ours” refers to the Company. Whenever the context so requires, “you”, “your” or “user” shall mean any natural or legal person who browses through the Platform to gain information about the Company and Services offered by it.

1. DEFINITIONS AND INTERPRETATION

1. Definitions

a) “Applicable Laws” shall mean any statute, law, rules regulation, ordinance, notification, order, decree, judgment, rule of common law, government approvals, bye-laws, or other governmental restrictions or any administrative order or notice in effect as of the date of this Agreement or anytime thereafter.
b) “Platform” is the reference to our website www.onlyonesoftware.com through which we offer our Services.
c) “Services” shall mean an online Platform where the Users can list their services and products for the end customers.
d) “User” shall mean any person including individual or institution accessing this Platform of the Company.
e) “Customer” shall mean a person or entity who visits the Platform to purchase or avail of the Users product or services.

2. INTERPRETATION

Unless otherwise, the context requires in this Terms and Conditions: a) The terms “you” and “user” shall mean any natural or legal person who browses through the Platform or avail of the Services through the Platform.
b) The terms “we”, “us” and “our” shall mean the Company.
c) The “User” and the “Company” shall individually be referred to as the “Party” and collectively as the “Parties”.
d) Words denoting any gender shall be deemed to include those of the other gender.
e) Words using the singular or plural number also include the plural and singular, respectively.
f) The terms hereof, hereby, hereto, and derivative or similar words refer to these Terms and Conditions or specified clauses of the Terms and Conditions as the case may be.
g) The term clause or Schedule refers to the specified clause or Schedule of this Terms and Conditions.
h) Heading or bold typeface is used only for the purpose of convenience and shall be ignored for the purpose of interpretation.
i) Reference to the word include shall be construed without limitation.
j) Reference to any legislation or applicable law or any provision thereof shall refer to any such applicable law as amended, suspended, or re-enacted from time to time.
k) The headings provided herein are for convenience purposes only and shall not deem to affect or limit any of the provisions hereof.

3. REGISTRATION AND ACCOUNT FOR USE OF THE PLATFORM

1. For a User to avail of the services provided by the Platform you are required to sign the SAAS (Software as a Service) Agreement with the Company.
2. Pursuant to the execution of the SAAS Agreement Company will provide you with the Sub Domain on the Platform where you can list your products or services for the end Customers.
3. We may ask for some personal information from the User as well as the Customer like Name, Email ID, Mobile Number, etc. if you wish to avail of the Services related to selling, marketing or work with through our Platform.
4. The Customer can register themselves with the Platform to avail of the Services and products offered by the Users through the Platform.

4. YOUR ACCOUNT

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. Should you wish to order products for business purposes, please create a business account on onlyonesoftware.com reserves the right to refuse access to the website, terminate accounts, or remove or edit content at any time without notice to you.

5. USER INFORMATION

1. You agree to provide us with accurate and complete information wherever and whenever we have requested information in order to enable us to make available the Company’s Services to you.
2. You authorize us to use, store or otherwise process your personal information in order to make available our Services to you and for marketing and credit control purposes. These purposes may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law.
3. You are entitled to request a copy of the personal information we hold on you. Please contact us at info@onlyonesoftware.com or +91 7996012377 if you wish to request this information.

6. ELIGIBILITY

1. Use of the Website is available to all the persons/entities/companies/partnership firms etc., as the case may be. However, any registration on the website shall be by the person who is capable of entering into a valid contract as per the Indian Contract Act, 1872.
2. The User shall be legally competent to enter into a contract in accordance with the applicable laws and shall possess the absolute authority and competence to subscribe to and be bound by the terms, conditions, and obligations laid down in this Terms.
3. While registering with the Website, you represent that the information filled by you is correct and that you are duly authorized to accept this agreement and you have the authority to bind yourself / your business entity to this agreement. You further confirm that you shall use/browse the Website in terms of the Company.

7. TYPE OF SERVICES

7.1. The Company runs and operates an E-Commerce platform where the Users can register themselves to sell their products or services to the end Customers.
7.2.The Company shall provide the User with the frontend and the backend support for the domain provided by the Company to the User for listing their products.
7.3. The Company shall also keep the track of the inventory, in case any product is short as per the demand the company shall update the same to the User.
7.4. The Company provides SAAS to their Users to list their products and services for the end Customers, where every User shall get their separate domain on the Platform for listing their products and services.
7.5. Company provides a marketplace for the Customers to purchase the Services and Products offered by the Users

8. TAXES

You agree to bear all applicable taxes, charges cess, etc. levied on the services being rendered to you as notified by the Central/State Govt. time to time, unless already included in the price offered.

9. DISCONTINUATION OF THE SERVICES

1. The Services rendered by the User through the Platform shall be Discontinued after the term of the SAAS agreement or for non-renewal of the subscription plan.
2. In case the User wishes to discontinue or request for the extension of the Services willfully due to any unforeseen reasons, in that case, the User shall provide the Company with a detailed request explaining the reasons for the discontinuation for the Company. The Company looking into the request of the User at its sole discretion may allow or reject the request.

10. CONTENT, INTELLECTUAL PROPERTY, AND PROPRIETARY RIGHTS

1. Apart from any content or information provided by a User or any third-party, the ownership and any and all rights, titles, and interests in the intellectual property and proprietary information and content on the Platform (Trademarks, Copyrights, Patents, Designs) including without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, technology, the look and feel of the Platform and the compilation and arrangement of the content and materials on it exclusively belong to the Company, its suppliers and licensors. User’s access or usage of the Platform does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.
2. Users shall not inter alia copy, reproduce, duplicate, republish, transmit, download, post, distribute, or modify the aforementioned intellectual property and proprietary information of the Company for any commercial purposes.
3. The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to the Company, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which the Company shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability. In the event the intellectual or proprietary rights of a User have been violated or infringed as aforesaid the aggrieved User shall forthwith notify the Company of the same along with adequate proof and the Company shall, in its discretion take necessary and appropriate action thereafter.

11. PRIVACY POLICY

1. The usage of the Platform and availing of the various Services, and features on offer shall require Users to submit and provide us with their information which the Company shall collect, store, and process for the purpose of providing such Services and features to the Users. The Company respects the privacy and confidentiality of the information of its Users; thereby the collection, storage, and processing of their information are governed by the Privacy Policy (Link to the privacy policy to be inserted) instituted by the Company. Users are requested to carefully read the Privacy Policy of the Company and the access and usage of the Platform by the Users implies that they have read and understood the Privacy Policy and agreed to be bound by its provisions.
2. Maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Company shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account, the User shall promptly notify the Company. The Company shall not be responsible for any disclosure of such information by you to a third party.

12. THIRD-PARTY LINKS AND SERVICES

1. The Platform may contain links to third-party apps or websites and the same shall not constitute, in any manner whatsoever the Company’s endorsement, sponsorship, or recommendation of such third-party APPs/websites or their products, services, content, and offerings. The Company is not responsible for examining or evaluating any third-party apps/websites and does not make any representation or warranty for their products, services, content, and offerings or their Terms and Conditions and privacy practices. In the event, that a User accesses such apps/websites he/she shall do so at his/her own risk and expense and apprise himself/herself of their Terms and Conditions and privacy practices.
2. We use a third-party service provider to facilitate payment and withdrawal procedures on the Platform including user verification. By using our Platform, you agree to use such third-party services by us.

13. LIMITATION OF LIABILITY

13.1. The Company does not confirm the accuracy, credibility, authenticity, or veracity of any information provided by the Users on the Platform and does not promote or endorse the same. Any loss, liability, expenses, damages, or judgments incurred by a Customer as a result of reliance on or any action taken on such information shall be borne solely and exclusively by the Users and the Company shall not bear any liability or responsibility for the same. The User shall solely and exclusively be responsible for verifying the information, data, and content of other Users prior to any engagement by conducting the requisite due diligence and background checks for the same.
13.2. The Company shall not be liable, whether in contract or tort in any manner whatsoever for i) any interruptions in the services ii) delay in access or interruptions on the Platform iii) loss, theft, nondelivery, destruction, corruption, of data iv) any loss or damage incurred as a result of your access or usage of the Platform v) occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Platform vi) inaccuracies or omission in content v) any other event beyond the control of the Company.
13.3. The Company takes reasonable measures and precautions for the protection and security of the information provided by the User on the Platform; however, it shall not bear any responsibility or liability for any unauthorized or inappropriate use including without limitation any copying, printing, publishing, forging, reproductions, manipulation of the same by any other person or entity.
13.4. The Company may from time to time make the Platform unavailable, with or without notification, to the User for the purpose of carrying out maintenance; repair, or upgrades, and the Users agree and acknowledge that the Company shall not be liable for any interruptions or loss of services as a result therefrom.
13.5. The Company shall not be held liable for defect or dissatisfaction in services or product sold through the Platform by the Users to the end Customers.

14. DISCLAIMER

1. The Platform and the services, features, offerings, information, and content available on it are available on an ‘as is’ and ‘as available basis. The Company disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, noninfringement, or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Company does not guarantee any specific results from the usage of the Platform.

15. FORCE MAJEURE

16. INDEMNITY

1. Users shall indemnify and hold harmless the Company and its representatives, affiliates, partners, contractors, officers, directors, employees, and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Company as a result of or arising out of a User’s.
a) breach or violation of the provisions stipulated in these Terms and Conditions.
b) breach of any representation or warranty
c) use of the Platform and its content
d) availing of the Services, features, and offerings available on the Platform
e) violation of the intellectual property or proprietary right of the Company or any third-party
f) violation of the privacy, confidentiality, information, or any other right of the Company or any third-party.
g) violation of any Applicable Laws.
h) any act, omission, fraud, misrepresentation on part of the User.
2. The foregoing right to indemnity shall be in addition to any other right that may be available to the Company in equity or under Applicable Laws and the indemnity rights shall survive the termination of this Agreement and User's usage of the Platform.

17. TERM, TERMINATION, AND VIOLATION

1. These Terms and Conditions shall continue to form a valid and binding contract between the Company and Users and shall continue to be operative as long as the Users continue to access and use the Platform.
2. The Users are entitled to terminate these Terms and Conditions anytime by discontinuing their usage of the Platform and communicating the same in writing to us.
3. We shall be entitled to terminate the usage, access, or account, at any time with immediate effect and with or without cause wherein the term cause shall mean the breach of any of these Terms and Conditions or violation of Applicable Laws of a User.
4. The rights, liabilities, or obligations under this Terms and Conditions that may have accrued to us prior to the termination or expiration of this Terms and Conditions shall not be affected by such termination or expiration and we shall be entitled to enforce such rights, liabilities, or obligations against the Users regardless of the same.

18. RESTRICTION ON USE

Without limiting the generality of these Terms and Conditions, in using the Platform for the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that in our sole discretion:
a) Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering and gambling;
b) Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
c) Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
d) Attempts to impersonate another person or entity;
e) Falsely states, misrepresents, or conceals your affiliation with another person or entity;
f) Interferes with, disrupts, or destroys the functionality or use of any features of the Platform or the servers or networks connected to the Platform;
g) Hacks or accesses without permission our proprietary or confidential records, records of another user;
h) Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement)
i) Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

19. AMENDMENT AND WAVIER

1. Company reserve the right to make such changes, amendments, and modifications, to this Terms and Conditions as it may deem necessary to our discretion from time to time and our decision shall be final and binding regarding the same. The amended Terms and Conditions shall be effective and legally binding from the date it is posted and uploaded on the Platform and the same shall constitute sufficient notice to Users of the same. Users are advised to periodically review these Terms and Conditions from time to time so as to keep themselves apprised of all such changes and modifications.
2. No failure to exercise and no delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, or circumstances except those specifically covered thereby.

20. USER DISPUTES, GRIEVANCES, AND REDRESSAL

If you have any disputes or grievances in respect of Services availed through the Platform, please write to us at wecare@onlyonesoftware.com. We shall endeavour to resolve your disputes or grievances within 14 working days of receiving the email.

21. GOVERNING LAW AND JURISDICTION

This Terms and Conditions and its provisions shall be construed in accordance with and governed by the laws of India and subject to the exclusive jurisdiction of the courts situated in Bangalore.

22. ENTIRE TERMS

Except where otherwise expressly provided, these Terms and Conditions constitutes the entire understanding between the Users and the Company with respect to the subject matter contained herein and shall supersede all prior or contemporaneous oral or written terms or communications pertaining to the same. In case of any inconsistency between the provisions of these Terms and any other similar documents or understanding the provisions of these Terms and Conditions shall prevail.

CONTACT US:

If you have any queries or concerns regarding our Terms and Conditions, Privacy Policy, or any other policies, you can reach out to us on our contact information given on our Contact Us page or you can write to us on info@onlyonesoftware.com.