Terms and Conditions
Acceptance of Agreement
The agreement of using this Site / App refers to the agreement between the user and the Site / App owner (i.e. us) for using the Site / App. This agreement supersedes the representations, warranties and prior agreements regarding this Site / App. This agreement matters for the contents, products, services and subjects. We reserve the right to amend the agreement any time according to the requirement without sending any notification to the users. Whenever the agreement would be amended, the new agreement would be posted on the Website / App and the user is expected to read the agreement before using the Website / App.
When you register to the Site / App and make an account, you agree for following terms:
- Providing full, updated and exact information in application and registration forms
- Keeping it password-protected
- Maintaining and updating registration data and other information submitted by you
- Being responsible for the risk of unauthorized access to the information provided to the Site / App. The user will be responsible for the activities and the charges implemented for the ubiAttendance account
We reserve the right to change prices at any time without further notice.
The Service is billed in advance on a monthly or annual basis, depending on the pricing option selected, and is NON-REFUNDABLE, unless otherwise provided by ubiattendance. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account.
Being a user of the Site / App, you represent and certify that –
- Charges invited would be fulfilled by you and your credit/debit card company
- The credit card information submitted by the you should be accurate and complete
- The charges incurred upon you regarding the price and additional GST would be paid by you only
ubiAttendance Software/App, are the service marks of our service. ubiAttendance, the company names and products of the company mentioned on the Site / App are also our trademarks.
The Site / App protects the content, graphics, magnetic translation, digital conversion, design and similar matters under applicable copyright and trademarks. The user cannot copy, use, publish or distribute these elements of the Site / App until it is allowed under the agreement.
Restrictions and Prohibitions of Using the Site / App
The user’s license for using and getting access to the Site / App and its content is restricted under following conditions –
- The user is restricted from displaying, republishing, transmitting, renting, selling, leasing or making any other use of the Site / App or any portion of the Site / App.
- The user may not use the Site / App or its content for development of any database, information or storage system in order to be distributed commercially. Also, the information developed from the data of the Site / App is prohibited for involving sales, lease, subscription and license.
- The user cannot create derivatives or compilations of the Site / App contents.
- The user is not allowed to use the content of the Site / App by infringing any copyright, proprietary right or property right of the owner.
- Removal, change or obscuring any copyright notice or terms of using the content of the Site / App is prohibited.
- Use of any manual or automatic process for extracting information from the Site / App is not allowed.
- Availability of any portion of the Site / App through the internet by any technology in present or future is prohibited.
- Removal, decompiling, disassembling or reversing the Site / App software or using any network monitoring for determining the architecture of the Site / App is strictly prohibited.
- Using the Site / App for collection or transmission of the information is prohibited.
- Unsolicited Emails for commercial purposes are prohibited. Emails that utilize invalid domain names, deceptive addressing or headers are prohibited.
- Export of the Site / App by violating the export control laws is prohibited.
- Use of the Site / App in the manner that it causes violation of any law or rule is prohibited.
Limitations of License and Use
The user is offered a non-transferable and non- exclusive license for following uses –
The services offered by the Site / App are for the personal use of the visitors; not for reselling, lease or any other purpose.
The owner of the Site / App and the affiliated party will not be responsible for any harm, claim, injury, loss or damage as a result of
- The use of any document of and at the Site / App
- Any errors on the Site / App or its services and products
- Interruption or unavailability of the Site / App or its features
- Any use of the services offered at Site / App by the user
- Failure or delay in the performance of the Site / App and the services offered by it
The liability of the owner and the affiliated parties regarding the claim related to the Site / App or its product, documents, information and services offered will never exceed over Rs. 1000/- and that amount will be against the compensation of all other remedies which the users may have against the Website / App owner or any affiliated party.
Linking to the Site / App
Links of the Site / App cannot be provided by the user until the user follows these conditions –
- The Site / App of the user should not be indulged in pornography, malicious or any unlawful content
- The user does not obscure or remove the copyright notice, terms and advertisements on the Website / App
- The user agrees to discontinue the links of ubiAttendance to his/her Site / App immediately if requested by the owner of the Site / App
Links to Different Websites / App
Our Website / App may have links to other Websites / App. In such a scenario, the owners of ubiAttendance are not liable for the accuracy and legality of any such content given in those Websites / Apps as the Websites/apps are not monitored and checked for accuracy and appropriation of their contents. Inclusion of the link of any Website / App to ubiAttendance does not represent any approval of those Websites / App by ubiAttendance owners. Thus, if the user leaves this Website / App and gets connected to any third-party Site / App, it will be at his/her own risk. ubiAttendance will not be responsible for any problem thus caused to the user.
Description and Acceptance of Services Offered by ubiattendance
ubiattendance also has a marketplace embedded in HRMS, for loan, credit card and other financial products, which are brought to you by various companies / institutions. Additionally, ubiAttendance may offer third party services which may include but not limited to credit check services, Aadhaar based verification service of UIDAI, and any other services to use your information through third party Websites / App in addition to the service selected by you. The services described here are offered on a best effort basis and the user agrees to participate and avail these services as per his/her will and consent and without any liability on us.
Advertisements and sponsorships are allowed in the Site / App. Advertisers and sponsors will be responsible for assuring that the ad material submitted on the Site / App complies with all the applicable terms and laws. The owner is not responsible for any inaccuracy, problem, error or illegality in the advertisement or sponsored content. The rights of refusal of accepting any advertisement are reserved with the owner of the Site / App.
Errors, Corrections and Changes
We don’t warrant or represent that the Site / App and the services offered herein are free from errors, defects, malwares and harmful elements. Also, we don’t give any warranty against the information available on the Site / App is accurate, updated and reliable. The features, contents and functions of the Site / App can be changed by the owner according to the requirement without any prior notice to the users. All the rights of editing or deleting the documents are reserved with us as the owner.
Third Party Content
The Site / App permits third party content to be appeared through various links provided on the Site / App. The owner will not hold any responsibility for any errors, mistakes, falsehood, pornography or illegal content, or misstatement of facts or laws on the Site / App. The information and views presented in the third party content solely represent the thoughts of the author and does not represent the belief of ubiAttendance and its owners.
We reserve all the rights for investigation of complaints and reported violations of terms mentioned herein. We can further take appropriate action against the suspected unlawful activity. The actions involve reporting such activity to the law enforcement officials and regulators; disclosing the personally identifiable information to investigation officers and law officials and such other remedies as available under applicable law.
The user agrees for indemnification, defending and holding us (the owners of the Site / App) and its partners, officials, agents, employees, successors, assigns, contractors and third party suppliers of documents, advertisers, service providers and affiliates, harmless from the claim and expenditure, loss and liability along with the reasonable fees of attorney; in connection with the violation of terms and conditions of the Website / App.
Non Transferable Rights
The User’s right for using the Website / App is not transferable. Thus, any password or right to access the contents of the Website / App given to a particular user cannot be transferred to someone else.
The content, documents and information represented in ubiAttendance are provided ‘as they are received’, ’as available’, ‘with’, ‘all warranties’, implied or express are disclaimed. The information can bear errors, bugs, faults, mistakes and problems. We and affiliated parties are not liable for the use of the information and service by the user. We and affiliated parties do not hold the liability of any direct, indirect, situational, incidental and consequential damage. Limitation and negation of damages explained above are basic elements of the bargain between the owner and the user of the Site / App. Any advice or information obtained by the user from the Website / App in any manner will not create any guarantee or warranty in the agreement. The liability for the damages caused by the viruses carried by the electronic files including a document or form is disclaimed.
Use of Information
As a user, you acknowledge that you are responsible for the material submitted by you and for the legality, originality, reliability and copyright of the material; not the owner of ubiAttendance.
Third Party Merchant Policies
All policies, rules and terms of merchants will be applied upon the user while being in any merchant Site / App. The owner of the Site / App will not be responsible for the information provided to the user by the merchants. The owner of ubiAttendance and its merchant should be seen as independent contractors and neither party is authorized for any commitment on behalf of another.
Statement on Site / App
The Site / App may involve statements about the strategies, operations, financial condition, prospects and financial performance, products and services, plans and motives etc. The basis of these statements is prediction and estimation subjected to uncertainties. Many of the statements based upon the estimation are beyond the control of the owner of the Site / App. The statements having words in the Site / App like ‘expects’, ‘believes’, ‘seeks’, ‘plans’, ‘intends’, ‘looks forward’ and similar words indicate towards the forward-looking statements which come under the securities law. In such condition, the Site / App and the information provided by it never constitutes any offer for selling of the securities. This kind of information will not be incorporated into any filings based upon securities.
We respect the intellectual rights and property of others and expect the same from its user. If the user thinks that any content or document of its Website / App has been copied in a way that infringes the copyright, the user should provide following information to us –
- A description of the copyrighted work which is claimed by the user to be infringed
- Physical or electronic signature of the authority to act on behalf of the copyright interest’s owner
- Description of the location of the content in the Site / App which has been claimed to infringe the copyright
- Address, Email address and telephone number of the person who claims infringement of copyright
- A statement by the person who claims infringement of copyright regarding the belief that the copyright owner or any of its agents is not authorized for the disputed use
- A statement by the person who claims the infringement of copyright regarding being the copyright owner or acting on behalf of the copyright owner and the information is accurate in his/her notice
- A contact email has been provided in the Website / App to reach the owner of ubiAttendance
The user agrees to comply with the ordinances, statutes, domestic and international laws applicable while using the Site / App and the content and document of the Site / App including these terms and conditions.
Press Releases and Information
Press releases and information about the owner of the Site / App are contained on ubiAttendance, if any. The owner disclaims any obligation for updating the press releases or any information. Moreover, information and press releases about companies other than us should not be relied on.
Visitors from Outside India
The Site / App and services are offered from India. We make no representations or warranties that the Site / App or the services are appropriate or available for use in countries outside of India. Visitors who choose to access the Site / App and services from outside of India do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. If you use the Site / App outside of India, you consent to having your personal data transferred to and processed in India. Access to the Site / App and the services is prohibited where such access or use violates applicable laws or regulations.
The user should treat this agreement as though it has been performed and executed in Gwalior, India. The agreement shall be governed according to the union of India’s laws. The agreement’s language should be taken in a fair meaning; not strictly against any party. All the incorporated terms to this agreement shall be assigned by the owner of the Site / App in complete discretion to a third party in case of sale, merge or lease automatically. If any part of the agreement proved to be invalid, that particular portion will be subjected for applicable laws but the rest of the portion will remain in full effect. In case of any conflict regarding this agreement or anything affiliated with the Site / App, the agreement shall be treated in priority. The failure of the owner of the Site / App for enforcement of the agreement shall not be taken as renunciation of the provision. The rights of the owner of the Site / App remains reserved even in the condition of the termination of this agreement.