This agreement is the terms and conditions (hereinafter referred to as this "Agreement") between you
(an individual, company, or any other entity) and Aussizz Migration & Education Consultants bearing ABN No.
64149610293 having its place of business at Block Court, Level 1, 288/290 Collins St, Melbourne VIC 3000,
Australia (hereinafter referred to as "Licensor") for the use of this Mobile application software/ website.
This Agreement is a legal and enforceable agreement hereby entered into between you, either an individual,
company, or other legal entity, and its affiliates (hereafter, “Customer”) and Licensor for the Mobile
application software/ website. You/customer must have reached the age of majority for the legal jurisdiction
that you reside in to access and sign this Agreement. If you have not reached the age of majority, your
guardian must agree to or sign this Agreement. You can accept the Agreement by checking a checkbox or
clicking on a button indicating your acceptance of the Agreement or by actually using the Services.
IMPORTANT - READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE MOBILE
APPLICATION SOFTWARE/ WEBSITE, YOU REPRESENT THAT YOU PURCHASED THE MOBILE APPLICATION SOFTWARE/ WEBSITE
FROM AN APPROVED SOURCE AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE
TERMS ON BEHALF OF ANOTHER PERSON, COMPANY, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE
FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS:
DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE MOBILE APPLICATION SOFTWARE/ WEBSITE; AND
PROMPTLY DELETE OR RETURN THE MOBILE APPLICATION SOFTWARE/ WEBSITE.
By clicking "accept" or installing and/or using the Dash Compliance Automation Platform mobile application
software/ website, you are confirming your acceptance of the Mobile application software/ website and
agreeing to become bound by the terms of this EULA agreement.
Affiliates means an entity controlled by, under common control with, or
controlling such party, where control is denoted as having fifty percent (50%) or more of the voting
power (or equivalent) of the applicable legal entity. Subject to the terms and conditions of this
Agreement, Affiliates may use the license granted hereunder. All references to Licensor shall be
deemed to be references to Licensor and its Affiliates and all references to the Customer shall be
deemed to be references to the Customer’s company or other legal entity and its Affiliate(s).
Computer means the hardware if the hardware is a single computer
system, whether physical, virtual, or means the computer system with which the hardware operates if
the hardware is a computer system component.
Derivative Works means a revision, enhancement, modification,
translation, abridgment, condensation, or expansion of Mobile application software/ website or any
other form in which such Mobile application software/ website may be recast, transferred, or
adapted, which, if used without the consent of the Licensor, would constitute a copyright
Documentation means the official explanatory materials in printed,
electronic or online form provided by the Licensor to the Customer on the use of the Mobile
application software/ website. For the avoidance of doubt, any installation guide end-user
documentation not prepared or provided by the Licensor, any online community site, unofficial
documentation, videos, white papers, or feedback does not constitute Documentation.
Fees means the fees paid for the course provided to the customer
(including any renewal or extension thereof), Support Services, or any other product or service
purchased under this Agreement.
Partners means distributors and resellers authorized by the Licensor or
its distributors to resell the Mobile application software/ website or a co-branded version of the
Mobile application software/ website authorized by the Licensor.
Mobile application software/ website means the object code version of
the product, together with the Documentation, and all third-party mobile application software/
website that the Licensor may have purchased or licensed from third parties and delivered to the
Customer as part of the Mobile application software/ website, as well as any Updates provided by the
Licensor under this Agreement.
Support Services means the service for the correction of errors and/or
support of the Mobile application software/ website and the issuance of any Updates.
Updates means all subsequent releases and versions of the Mobile
application software/ website that Licensor makes generally available to its customers as part of
purchased Support Services and which are not separately priced or marketed by Licensor.
INTELLECTUAL PROPERTY RIGHTS
Ownership- Title to the Mobile application software/ website,
Documentation, Updates, and all patents, copyrights, trade secrets, and other worldwide proprietary
and intellectual property rights in or related to are and will remain the exclusive property of the
Licensor and its licensors. The Customer may not remove any titles, trademarks or trade names,
copyright notices, legends, or other proprietary markings in or on the Mobile application software/
website, hardware, or Documentation and will not acquire any rights in the Mobile application
software/ website, except the limited license specified in this Agreement. Licensor and its
licensors own all rights in any copy, translation, modification, adaptation, or Derivative Works of
the Mobile application software/ website, including any improvement or development thereof. Licensor
retains all rights not expressly granted to the Customer in this agreement. The customer shall
promptly notify the Licensor in writing upon discovery of any unauthorized use of the Mobile
application software/ website or Documentation or infringement of the Licensor’s proprietary rights
in the Mobile application software/ website or Documentation.
Open Source Components- The Mobile application software/ website
includes certain third-party mobile application software/ website as set forth in the Documentation,
and may be used only in accordance with the licenses set forth therein, which prevail over the terms
of this Agreement with respect to such third-party mobile application software/ website. Source code
for these components is available upon written request to Licensor. With respect to the Mobile
application software/ website, third-party components are integrated by the Licensor for and on
behalf of the Customer in accordance with this Agreement. Therefore, any third-party mobile
application software/ website delivered to the Customer pursuant to this Agreement, including any
third-party plug-in that may be provided with the Mobile application software/ website, is included
for use at the Customer’s option, solely in accordance with the corresponding third-party mobile
application software/ website license(s). Licensor shall have no liability for Customer’s use of any
third-party mobile application software/ website or payment gateways.
LICENSE GRANT AND FEES
License- The Customer is granted a non-exclusive, non-transferable,
non-assignable, restricted license during the terms set forth in this Agreement, to access, install,
and use the Mobile application software/ website in accordance with the relevant Documentation for
Customer’s own use. Customer may not use the Mobile application software/ website for providing
hosted or service bureau services to the general public or any third-party entities that are not
managed facilities for which the Customer provides integral technology services. The Customer
acknowledges the Mobile application software/ website and Documentation is proprietary to Licensor
and may not be distributed to any third parties. The Customer is not granted rights to Updates
unless Customer has purchased Support Services. The license granted herein is subject to the
specific restrictions and limitations set forth herein, the terms of the open-source licenses
governing the components included in the Mobile application software/ website, and/or any additional
licensing restrictions and limitations specified in the Documentation, or by notification and/or
policy change posted at Licensor’s website.
Fees- The Customer agrees to pay Fees/subscription charges to Licensor
for the licenses and associated services.
Restrictions on Use- Subject to the terms of the open source licenses
governing the open source components of the Mobile application software/ website, the Customer shall
not: (a) Allow third parties or develop methods for third parties to use the Mobile application
software/ website; (b) sell, rent, lease, use collectively, record, license, sublicense, share,
distribute, publicly communicate, transfer or exploit in any other manner the Mobile application
software/ website or Documentation; (c) except as permitted by applicable law, decompile,
disassemble, or reverse engineer the Mobile application software/ website, in whole or in part, and
the Customer shall not attempt to obtain in any other manner any Mobile application software/
website source code, and shall not carry out any action to the detriment of Licensor’s intellectual
property rights or those of its suppliers; (d) make copies, execute, publish, or reproduce Mobile
application software/ website or Documentation, unless expressly authorized in this Agreement (and
all copies must maintain Licensor’s copyright notices); (e) develop any Derivative Works or any type
of mobile application software/ website program based on the Mobile application software/ website,
Documentation, or any other Confidential Information of Licensor; (f) make available, reveal,
disclose, offer, or allow the use of Mobile application software/ website by third parties, without
the prior written consent of Licensor; (g) alter or modify the Mobile application software/ website
without the prior written consent of Licensor; (h) reject, avoid, elude, remove, deactivate, or
evade, in any way, any protection mechanism of the Mobile application software/ website, including
without limitation any mechanism used to restrict or control Mobile application software/ website
functions; (i) provide or offer access to any third parties to any restricted online access keys or
authentication passwords provided by the Licensor for downloading Mobile application software/
website; or (j) disclose to any third party any benchmarking or comparative study involving the
Mobile application software/ website or Documentation.
Trademarks- The Customer may not delete, remove, hide, move, or alter
any trademark, logo, icon, image, or text that represents the Licensor’s name, any derivation
thereof, or any icon, image, or text that is likely to be confused with the same. All
representations of the Licensor’s name, logo, or other marks of the Licensor or any of its
Affiliates’ names or marks must remain as originally distributed regardless of the presence or
absence of a trademark, copyright, or other intellectual property symbol or notice.
Legal and Export Control Compliance- The customer agrees to comply with
all applicable laws. Without limiting the foregoing, the Customer agrees to comply with all
applicable countries’ laws and applicable import laws of the Customer’s locality (if the Customer is
not located in Australia), and the Customer agrees not to export any Mobile application software/
website without first obtaining all required authorizations or licenses. In particular, but without
limitation, the Mobile application software/ website may not be exported or re-exported.
SUPPORT, INFORMATION, AND AUDITS
Support- Subject to the Customer’s payment of the Fees the Licensor
shall provide Support Services, the Licensor will provide Support Services to the Customer per the
Support Services Addendum attached hereto as Exhibit A. The Licensor will provide the Customer with
any Updates that it makes generally available to its other users that have purchased the same level
Information- We will keep and maintain commercially reasonable written
records and accounts regarding the use of Mobile application software/ website for at least Seven
(7) years after the expiration of the applicable Mobile application software/ website license terms.
Audits- The Licensor, or a certified public accountant designated by
the Licensor, shall have the right, upon seven (7) business working days prior written notice to the
Customer, to conduct an inspection and audit of all the Customer’s account information and records
relating to this Agreement or any other payment transactions in relation to this agreement. The
audit shall be conducted at the Licensor’s expense; provided, however, that if the audit reveals
that the Customer has failed to comply with any material terms of this Agreement, the Customer shall
pay all reasonable costs and expenses incurred by the Licensor in conducting the audit, and any
applicable unpaid fees.
LIMITED WARRANTY AND DISCLAIMERS
Limited Warranty- The Licensor warrants that, the mobile application
software/ website is provided as it is and will be free from defects, however in case any bug is
faced by customers they can report the same and Licensor’s team will work on the same to rectify it
within stipulated time frame.This limited warranty does not apply to third-party open-source
The Licensor will access, process, and use data in
connection with the customer’s use of the same in accordance with applicable privacy and data
Exclusion of Warranty- This limited warranty is void if the defect has
resulted from accident, abuse, negligence, misapplication, or where the Mobile application software/
website has not been properly installed. .
Disclaimer- EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, THE
MOBILE APPLICATION SOFTWARE/ WEBSITE AND SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LICENSOR DOES NOT WARRANT THAT THE MOBILE
APPLICATION SOFTWARE/ WEBSITE OR SUPPORT SERVICES WILL MEET THE CUSTOMER’S REQUIREMENTS OR THAT THE
OPERATION THEREOF WILL BE FAIL SAFE, UNINTERRUPTED, ERROR-FREE, OR THAT THE MOBILE APPLICATION
SOFTWARE/ WEBSITE WILL PROTECT AGAINST ALL POSSIBLE THREATS. LICENSOR DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, NON INTERFERENCE AND ACCURACY ON INFORMATIONAL
Exceptions- Some states or jurisdictions do not allow the exclusion of
express or implied warranties, so the above disclaimer may not apply to the Customer. IN THAT EVENT,
SUCH EXPRESS OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD (OR THE
MINIMUM PERIOD REQUIRED BY APPLICABLE LAW).
If you are purchasing any products/services from the below-mentioned locations then all prices
mentioned in the website are as follows:
India - Indian Rupees (INR). Payment Gateway - PayUBiz
Australia - Australian Dollar (AUD). Payment Gateway - Stripe
Countries other than India & Australia - US Dollar (USD). Payment Gateway - Stripe
We as a merchant shall be under no liability whatsoever in respect of any loss or damage
arising directly or indirectly out of the decline of authorization for any Transaction on
Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our
acquiring bank from time to time.
As a mandatory procedure of your respective payment gateway, the customer may require to
share their name, email ID, and contact number. The payment gateway may also access the
client's installed application as a part of payment procedure and the same is saved on a
LIMITATION OF LIABILITY
7.1 IN NO EVENT, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS LICENSORS, PARTNERS, OR
SUPPLIERS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTIES UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, COSTS, LOSSES OR EXPENSE, (INCLUDING BUT NOT LIMITED TO LOST
PROFITS, LOSS OR INTERRUPTION OF USE, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DAMAGE TO NETWORKS,
EQUIPMENT, OR HARDWARE, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY). Regardless of whether
the claim for such damages is based in contract, tort, or any other legal theory, in no event shall
Licensor’s aggregate liability to the Customer for direct damages exceed the original purchase price of the
Mobile application software/ website, Support Services or other amounts paid by Customer, even if the
Licensor has been advised of such damages. The foregoing limitations shall apply to the maximum extent
permitted by applicable law. THE LIMITATION OF LIABILITY HEREIN IS BASED ON THE FACT THAT END USERS USE
THEIR COMPUTERS FOR DIFFERENT PURPOSES. ACCORDINGLY, ONLY THE CUSTOMER CAN IMPLEMENT BACK-UP PLANS AND
SAFEGUARDS APPROPRIATE TO THE CUSTOMER’S NEEDS IN THE ENTENT AN ERROR IN THE MOBILE APPLICATION SOFTWARE/
WEBSITE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, THE CUSTOMER AGREES TO
THE LIABILITY LIMITATIONS HEREIN AND ACKNOWLEDGE THAT WITHOUT THE CUSTOMER’S AGREEMENT TO THIS PROVISION,
THE FEES CHARGED FOR THE MOBILE APPLICATION SOFTWARE/ WEBSITE WOULD BE HIGHER.
CONFIDENTIALITY AND NOTIFICATIONS
Confidentiality- The Customer acknowledges and agrees that the Mobile
application software/ website incorporates confidential and proprietary information (“Confidential
Information”) developed or acquired by Licensor including, but not limited to, technical and
non-technical data, formulas, patterns, compilations, devices, methods, techniques, drawings and
processes related to the Mobile application software/ website, which constitutes the valuable
intellectual property of the Licensor and its third-party dealers.
Use of Confidential Information- Each party will comply with all laws
and regulations that apply to use, transmission, storage, disclosure, or destruction of Confidential
Information. Both Parties agree to hold the other party’s Confidential Information in the strictest
confidence. Confidential Information shall not be disclosed by either party to anyone except an
employee, or agent who has a need to know same, or who is bound by a non-disclosure and
confidentiality provision at least as restrictive as those set forth in this Agreement. Each party
agrees to ensure that its employees, agents, representatives, and contractors are advised of the
confidential nature of the Confidential Information and are precluded from taking any action
prohibited under this Agreement. The Licensor may use any technical information that the Customer
provides to the Licensor for any of Licensor’s reasonable business purposes, including product
support and development. The Customer acknowledges that the Mobile application software/ website may
include a monitoring capability that sends anonymous statistics about performance, device
utilization and network size remotely to the Licensor.
Ownership of Information- Except as explicitly stated in this
Agreement, the party receiving the Confidential Information is granted no license or conveyance of
disclosing party’s Confidential Information or any intellectual property rights therein. Title to
the disclosing party’s Confidential Information shall remain solely with the party disclosing the
Remedies- It is further understood and agreed that money damages may
not be a sufficient remedy for any breach of the confidentiality provisions of this Agreement and
that either party may be entitled to equitable relief, including injunction and specific
performance, as a remedy for any such breach. Such remedies may not be deemed exclusive remedies for
a breach of these provisions but may be deemed in addition to all other remedies available at law or
Notices- The Licensor may send the Customer required legal notices and
other communications about the Mobile application software/ website, including special offers and
pricing or other similar information, customer surveys or other requests for feedback
(“Communications”). Licensor will send Communications via in-product notices or email to registered
email addresses of named contacts, or will post Communications on Licensor’s website. Customer may
notify Licensor of the Customer’s preference not to receive any such Communications (which may have
a technical impact on Customer’s use of the Mobile application software/ website and the provision
of any Support Services). The Licensor reserves the right, at any time and from time to time, to
revise, supplement, and otherwise modify this Agreement and to impose new or additional rules,
policies, terms or conditions (collectively, “Additional Terms”) on the Customer’s use of the Mobile
application software/ website. Such Additional Terms will be effective immediately and incorporated
into this Agreement upon posting the revised agreement on Licensor’s website and the Customer waives
any right to receive a specific notice of each such revision. The Customer’s use of the Mobile
application software/ website signifies acceptance of the Agreement inclusive of future revisions.
TERM AND TERMINATION
This Agreement and the licenses granted hereunder shall remain in effect until terminated by
This User Agreement may be terminated immediately if customer breaches any term
of this customer Agreement. Licensor may terminate this agreement at any time or restrict or
prevent User from accessing or using Licensor Products at any time, for any reason or no reason
at all, in Licensor sole and absolute discretion, without providing any notice whatsoever to
Consumer. Licensor may also temporarily suspend the services, in whole or in part, where
required by law, in the case of security violations or threats, for service maintenance or
repair, or for any other reasons deemed necessary or desirable by Licensor.
Deletion of account:
If you want to delete your account a dedicated
deletion button will be provided in the app. . when the customer clicks on the deletion button a
page for terms and conditions will be shown there along with a check box which will contain the
required information for customers about their stored data, subscription plan, by clicking on
the check box customer will agree to the terms provided by the licensor Following which an OTP
will be sent to the registered email id of the customer. Thereafter, Once the customer will
enter the correct OTP and selects enter, the account will be deleted after that. Link for
Scenario – 1: If the customer has any on-going subscription plan the same shall be deactivated,
after the deletion process is completed by the licensor., all the subscription plans are
Scenario – 2: If the customer has not availed any subscription plan, the licensor shall simply
start the deactivation process of the customer’s account.
Scenario – 3: In case customers wishes to claim any refund, they may request the same to Apple
/google, and approval and non-approval of the same will depend on the policies of apple and
google in-app purchases. Licensor is not directly or in any other manner involved in the same,
so all the claim for dissatisfaction should be addressed to respective third parties.
Except as expressly provided herein, sections of this Agreement shall survive termination.
Cancellation & Refund Policy- All payments would be non-refundable;
however, we would consider special circumstances. So please choose carefully. The decision of
the management will be final and the user will have to abide by them. Please Note:
We will not consider any kind of unjustified request stating, ‘We need a refund’
We will not entertain refund requests without any genuine concerns
The management will decide upon the request being genuine or not
The time frame for the refund request is ‘Within 3 days’
No Refunds will be processed after the above time duration has surpassed
All the services purchased from 'IELTS Tutorials' are on a ‘no return’ and ‘no changes’ basis,
which means no reschedule or refund will be made.
10.1 The Licensor shall indemnify and hold harmless the Customer and its officers, employees, agents and
representatives and defend any action brought against same with respect to any third-party claim, demand or
cause of action, including reasonable attorney’s fees, to the extent that it is based upon a claim that the
Mobile application software/ website infringes or violates any Indian/Australian patents, copyrights, trade
secrets, or other proprietary rights of a third-party. Customer may, at its own expense, assist in such
defence if it so desires, provided that the Licensor shall control such defence and all negotiations
relating to the settlement of any such claim. The Customer shall promptly provide the Licensor with written
notice of any claim that the Customer believes falls within the scope of this indemnification provision of
the Agreement. In the event that the Mobile application software/ website or any portion thereof is held to
constitute an infringement and its use is enjoined, the Licensor may, at its sole option and expense, (i)
modify the infringing Mobile application software/ website so that it is non-infringing, (ii) procure for
the Customer the right to continue to use the infringing Mobile application software/ website.
Notwithstanding the foregoing, the Licensor will have no obligation for any claims to the extent such claims
result from (i) modifications or alterations of the Mobile application software/ website made by or for the
Customer or any other party that were not provided by the Licensor or authorized by the Licensor in writing;
(ii) use outside the scope of the license granted hereunder, (iii) use of a superseded or previous version
of the Mobile application software/ website if infringement would have been avoided by the use of a newer
version which Licensor made available to the Customer, or (iv) use of the Mobile application software/
website in combination with any other mobile application software/ website, hardware or products not
supplied by the Licensor. This indemnity obligation is subject to the limitation of liability and does not
apply to any open-source components of the Mobile application software/ website.
Assignment Neither party may assign this Agreement or any
right or obligation hereunder without the other party’s prior written consent. However, the Licensor
may assign this Agreement in the event of a merger or consolidation or the purchase of all or
substantially all of its assets. This Agreement will be binding upon and inure to the benefit of the
permitted successors and assigns of each party.
Force Majeure- The Licensor will not be held responsible
for any failure, delay or interruption caused by circumstances outside its control, such as network
failure, network connection failure, earthquake, flooding, strikes, lockdowns, pandemic, embargos or
acts of government. If such event giving rise to Force Majeure lasts for more than 90 days, then
either party may terminate this Agreement without such termination giving rise to any liability or
right to any refund.
Taxes- The Customer agrees to pay all taxes (including
but not limited to sales, use, excise, and value-added taxes), tariffs, duties, customs fees or
similar charges imposed or levied on the Mobile application software/ website Customer licenses,
with the exception of taxes on the Licensor’s net income.
Entire Agreement and Amendments- This Agreement
constitutes the entire agreement between the parties and supersedes all written or oral prior
agreements or understandings between the parties. The terms of this Agreement may not be modified
except by a written agreement signed by both the parties.
Severability- If any provision of this Agreement is held
illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed
severed from the remaining provisions of this Agreement and shall not affect or impair the validity
or enforceability of the remaining provisions of this Agreement.
Waiver- No failure of either party to exercise or enforce
any of its rights under this Agreement will act as a waiver of those rights.
Choice of Law and Venue- The validity, interpretation and
enforcement of this Agreement will be governed by and construed in accordance with the laws of
Australia. The Customer hereby irrevocably consents to jurisdiction of both the state of Victoria,
Relationship of the Parties- Each party will be and act
as an independent contractor and not as an agent or partner of, or joint venture with the other
party, and neither party will have any right, power or authority to act or create any obligation,
express or implied, on behalf of the other party.
Attorneys’ Fees - If any legal action, including, without
limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or
the breach hereof, the prevailing party in any final judgment or arbitration award, or the
non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full
amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’
fees paid or incurred in good faith.
Support Services Addendum
This section shall apply to the extent that Customer has paid for Support Services for the current term.
“Coverage Period” means 7:00am to 4:00pm IST, Monday through Friday.
“Maintenance Patch” means a release of or for a Supported Product that includes the most recent
“Resolution” means either a mobile application software/ website modification or addition that,
when made or added to the Supported Product, corrects a Supported Incident; or a work-around,
procedure or routine that, when observed in the regular installation or operation of the Mobile
application software/ website, eliminates the practical adverse effect of such Supported
Incident on the Customer; or replacement of the Supported Product. (Resolutions may include
patches and bug fixes).
“Supported Incidents” means a material defect in materials and workmanship of the Supported
Products, or failure of the Supported Product to conform to the specifications set forth in the
documentation (“Documentation”) relating to that version of the Supported Product, resulting in
the inability to use, or restriction in the use of, the Supported Product.
“Supported Products” means the current version of the Mobile application software/ website and
any prior version for which the Licensor provides support.
SERVICE DESCRIPTION AND SCOPE
Scope of Support Services-
The scope of Support Services includes the following two services:
Technical Support - The Customer may use our support
system provided and fill in the form or email for any help with regard to
configuration and administration of the Mobile application software/ website
and/or hardware. Our technical team will get in touch with the customer back
within 3 working days and the issue will be solved.
Except as - Except as otherwise provided the
Licensor shall be responsible for providing to its end-user customer training,
service and support (including bug fixation, grievance inquiries).
Service Modification- Modifications to the scope of the Support
Services may be made from time to time by the Licensor and will be notified to the Customer
Exclusion from Services- The Licensor is not obligated to
provide Support Services in the following situations:
Improper installation or operation of the Supported Product not in accordance with
the Licensor’s specifications or the Documentation.
The Supported Product has been damaged, the Supported Incident is caused by the
Customer’s negligence, or other causes beyond the reasonable control of Licensor.
The Supported Incident is caused by third party hardware or mobile application
software/ website not sold or licensed by or through Licensor.
The Customer has not installed and implemented a Maintenance Patch/Update or Upgrade
so that the Mobile application software/ website is not a release supported by
Such issues may be addressed separately upon request to the Licensor or an authorized
partner at the applicable hourly rates for consulting.
The Licensor’s initial response may result in resolution of the request or form the basis for
determining what additional actions may be required to achieve Resolution. For Service requests
received outside of the Coverage Period, Licensor will use commercially reasonable efforts to
respond within the timeframe designated below based on the Severity level as determined by Licensor,
except that Licensor is not responsible for delays in response delivery caused by systems and
MAINTENANCE PATCHES AND UPGRADES/UPDATES
In addition to Resolutions, during the term of this Exhibit, Licensor shall make Maintenance Patches
and Upgrades/Updates available if and when made generally available by the Licensor. If a question
arises as to whether a product offering is an Upgrade/Update or a new product or separate component,
the Licensor’s determination will prevail, provided that the Licensor treats the product offering as
a new product or feature for its end user customers generally.
The Licensor shall provide you with updates, bug fixes and email support in connection with
commercially licensed Products, unless alternative terms have been explicitly granted to you in
writing by the Licensor, subject to your payment of the applicable License Fee and compliance with
The Licensor uses good faith efforts to address all known issues, but cannot make any
warranty or guarantee on release schedules, release level updates or whether any release will be
error-free and cure the known issue it was developed to address. The licensor will further intimate
customers in advance via notification about the maintenance time at least 2 hours before the
scheduled maintenance, however some issues might arise that are not in our control and the service
might be hampered for that time period.
The customer agrees to:
Pay the applicable Services fees and any communications charges associated with accessing the
Services (unless Licensor specifies otherwise).
Ensure that any access codes the Licensor provides are used only by the Customer’s authorized
Provide Licensor with all relevant and available diagnostic information (including product or
system information) pertaining to mobile application software/ website problems for which the
Customer requests assistance.
Provide the Licensor with appropriate remote access to the Customer’s system if necessary to
assist in isolating the mobile application software/ website problem cause. The Customer will
remain responsible for adequately protecting the system and all data contained therein whenever
it is remotely accessed by the Licensor with Customer’s permission.
Provide access to or information regarding payment transaction as and when required for our
record and account clearance.
Use the information obtained under these Services only for the support of the information
processing requirements within the Customer’s enterprise.
Ensure that Services are used only in relation to duly licensed Supported Products.
Make reasonable efforts to correct any issue and deploy corrections after consulting with
Inform the Licensor promptly of any changes in hardware location.
If you face any issues or have questions about this policy, please get in touch with our grievance officer