FACTBYTE IT SOLUTIONS PRIVATE LIMITED ( FACT) is a company incorporated under the Companies
Act, 1956 and having its registered office at No. 804, 8TH Floor, The Capital 2, sola Sincity Road, Sincity, Ahmedabad Gujarat 380060,India. ("FACT", which expression shall unless repugnant to the subject or context thereof mean and include its successors and assigns).
FACT provides independent financial analytics and information services about all corporate entities in India using public sources ("Services"). FACT renders the Services through "FACT-Platform (www.fact-byte.com), a software information presentation and analytics platform developed by and proprietary to FACT ("Website").
These Terms of Service ("Terms") constitute a binding contract between FACT and the person reading them ("User", which expression means, in the event the individual reading the Terms is representing any other person, including any juristic person, such person) as an account holder on the Website.User's registration, use or access to the Services shall be governed by these Terms. If User does not agree to these Terms, User must not access or use the Website in any manner. Without prejudice to any other specific requirement which may be laid out in these Terms, User's use of the Services and specifically, User's acceptance of these Terms as aforesaid shall be deemed to be a representation from the User that the User is fully able and competent to lawfully enter into and form contracts and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.
Headings of clauses are only for convenience and are not intended to be used to interpret the contents thereunder. Please read these Terms fully.
1.1 By the User's use of the Website, User hereby gives unconditional consent to:
1.2 These Terms may be amended at any time by FACT. All such amendments shall be binding on the User effective 24 (twenty-four) hours after the amended Terms are made available on the Website. It shall be User's sole responsibility to check this page regularly to take notice of any changes FACT may have made to these Terms. If User does not agree with any amendment, the User shall stop the usage of the Services with no liability from FACT to User except in case of orders placed prior to the amendments.
1.3 Although FACT may attempt to notify the User when major changes are made to these Terms, it shall be solely the User's responsibility to read and understand the most up-to-date version of the Terms on the Website. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
2.1 As a pre-condition to use the Services on the Website, User may be required to register and log in to the User account. The User hereby represents and warrants that any information the User provides for the aforesaid purpose is correct and complete in all material respects. The User shall be solely responsible to keep such information updated from time to time.
2.2 Upon successful registration on the Website, FACT shall assign the User an account for access of the Services on "FACT-PLATFROM". User shall be solely responsible for maintaining the confidentiality and security of User's account details including the password. User is solely responsible for the activity that occurs on the User's account and User must keep the User's account password secure. User must notify FACT immediately of any breach of security or unauthorized use of User’s account. FACT hereby disclaims any responsibility for use of the Services by any other person through User's account, irrespective of whether User permitted such use.
2.3 FACT shall not be liable for any loss, damage, injury or any liability, whether in tort, contract or other theory of liability, resulting from any unauthorized use of User's account. However, User shall always be liable for the losses of FACT or others due to such unauthorized use.
2.4 Without prejudice to its other rights and remedies, FACT may, without prior notice, restrict User's access or use of Website (or any features within the Website), indefinitely suspend or immediately terminate this contract with the User or stop the User from using the Services, in its sole discretion. FACT may also launch, change, upgrade or impose conditions to suspend or stop any Services or any features without prior notice.
3.1 As a pre-condition to use the Services on the Website, User may be required to register and log in to the User account. The User hereby represents and warrants that any information the User provides for the aforesaid purpose is correct and complete in all material respects. The User shall be solely responsible to keep such information updated from time to time.
4.1 User hereby represents and warrants that the User shall make use of the Services as a prudent, reasonable and law-abiding citizen.
4.2 FACT shall not be responsible for the unavailability of the Website or any delay or failure resulting from any reason whatsoever, including but not limited to infrastructure issues, server downtime, network unavailability and connectivity issues.
4.3 User agrees not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services.
4.4 User shall not use the Services to do anything that is contrary to the law, decency or morality.
4.5 User shall not take any action that would cause FACT to suffer any types of losses.
4.6 User agrees not to collect or harvest from the Services any personally identifiable information, including account names, or to use the communication platforms provided by the Services (e.g., comments, email) for any commercial solicitation or other purposes.
4.7 In User's use of the Services, User shall always comply with all applicable laws.
4.8 User shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the content on the Website.
4.9 User agrees not to hack, circumvent, disable, corrupt or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. User shall also not attempt to affect the performance or functionality of any facilities available on the Website.
4.10 In User's use of the Services, User shall not transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene hack into any aspect of the Services.
4.11 Except for the Services explicitly provided, FACT does not provide, control or endorse any third-party information, products or services in any manner whatsoever, even if such third-party information, products or services are advertised on the Website. The Website may contain links toother websites ("Linked Websites"), which are not moderated or operated by FACT. FACT has no control over the Linked Websites and accepts no responsibility for them or for any loss or damage that may arise from User's use of such Linked Websites.User's use of the Linked Websites will be subject to the terms of use and service of such Linked Website.
4.12 FACT will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses or other technologically harmful material that may infect User's computer equipment, computer programs, data or other proprietary material due to User's use of the Website or download of any material from the Website.
4.13 Breach of the above clauses shall amount to a criminal offence under the National Cyber Security Policy 2013. FACT shall report any such breach and disclose User's identity to the relevant law enforcement authorities.
5.1 n consideration for the Services, User shall pay to FACT the prescribed fees and charges ("Fees") together with applicable taxes.
5.2 Non-payment of Fees, if any, may result in suspension or termination of these Terms and affect User's ability to use the Services.
5.3 User understands, accepts and agrees that the payment facility provided by FACT is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, FACT is neither acting as trustee nor acting in a fiduciary capacity with respect to any transaction.
6.1 Not withstanding anything to the contrary in these Terms, any other terms, or any other communication between User and FACT, FACT may terminate the Services at any time with or without notice, and for or without any reasons, with absolutely no liability to User.
6.2 Without prejudice to the foregoing, FACT reserves the right to terminate these Terms without notice and without liability to User on becoming aware that the User has violated these Terms or any other guidelines and rules published in respect of the Services.
7.1 No advice or information, whether oral or written, obtained by User through the Services will constitute or create any representation or warranty not expressly stated herein as against FACT.
7.2 User expressly agrees that use of the Services is at User's sole risk. The Services and any data, information, third party software, reference sites, services or software made available in conjunction with or through the Services are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind either express or implied.
7.3 User is hereby made aware that FACT retrieves information about companies from public sources pursuant to User's request made in that behalf and not otherwise. FACT does not, of itself, retrieve and store any such information.
8.1 FACT collects minimal personal information about Users by way of Name, Email ID and Phone Number ("User Personal Information"), etc. FACT uses the User Personal Information solely for facilitating access and monitoring User's compliance with the terms of usage of Services. FACT covenants that it shall not disclose to third parties, nor sell, give on hire, license or otherwise profit from any User Personal Information.
9.1 FACT has invested and continues to invest enormous effort and expense in developing and upgrading the Website. Therefore, FACT and its licensors shall be the sole and absolute owner of the copyright and all other Intellectual Property Rights in the Website and in the manner of arrangement, format, layout, presentation and 'look and feel' of the Services, the idea behind the Services, all trademarks, designs, logos and other insignia of trade used in the course of the Services including the user interface and other 'front-end' elements as well as the software code, algorithms and other 'back-end' elements, except to the extent such insignia are owned by third parties - all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries. User may use the content supplied solely for User's own personal use. User is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to User or which appears on this Website nor may User use any such content in connection with any business or commercial enterprise. Any copying of any part of the Services or marks shall entail immediate termination of these Terms without prejudice to the other rights and remedies of FACT, including for civil wrongs and criminal offences. Subject to the remaining provisions of this clause, all data used to perform the Services is available in the public domain and FACT neither makes any claim of ownership nor gives any assurance whatsoever in relation to such data.
10.1 FACT has undertaken great care to ensure that all the
information on the Website is
accurate, but FACT neither warrants nor makes any
representations regarding the quality,
accuracy or completeness of any data, information, product or
service. In no event shall
FACT, its officers, partners and employees, or its contractors,
agents, licensors,
partners, or suppliers be liable to the User for any direct,
special, indirect,
incidental, consequential, punitive, or exemplary damages
(including without limitation
lost business opportunities, lost revenues, or loss of
anticipated profits or any other
pecuniary or non-pecuniary loss or damage of any nature
whatsoever), whether based on
contract, tort, negligence, strict liability or otherwise, even
if FACT or an authorized
representative has been advised of the possibility of such
damages, arising out of or
relating to
(i) the use or the inability to use the Services;
(ii) unauthorized access to or alteration of User's
transmissions or data;
(iii) delay or inability to use the Website or related Services,
the provision of or
failure to provide Services, or for any information, software,
products, services and
related graphics obtained through the Website, or otherwise
arising out of the use of
the Website.
(iv) any other matter relating to the Services, including,
without limitation,
damages for loss of use, data or profits, arising out of or in
any way connected with
the use or performance of the Website or Services. If the
foregoing limitation is not
enforceable, the maximum liability of FACT shall be limited to
the fee paid by the User
for the Services in respect of which the liability arose.
10.2 User acknowledges and agrees that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the User and FACT, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between User and FACT. FACT would not be able to provide the Service to the User on an economically reasonable basis without these limitations.
10.3 FACT shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond FACT's control. User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at User's own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
10.4 The Services are controlled and offered by FACT from its facilities in India. If User is outside India, please take note FACT is subject only to Indian law and only to the jurisdiction of Indian courts.
11.1 User hereby agree to defend, indemnify and hold harmless
FACT, its affiliates,
officers, partners, employees, consultants and agents, from and
against any and all
third party claims, damages, obligations, losses, liabilities,
costs or debt, and
expenses (including but not limited to attorney's fees) arising
from:
(i) User's use of the Services;
(ii) User's violation of these Terms; and
(iii) User's violation of any third party right, including
without limitation any
copyright, property, or privacy right. This indemnification
obligation shall survive the
expiry or termination of these Terms.
12.1 These Terms are governed by and shall be construed in accordance with the laws of the Republic of India.
12.2 Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Ahmedabad appointed by FACT in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, User hereby consents to the exclusive jurisdiction of the Courts in Ahmedabad
13.1 Headings: All headings used in these Terms are for convenience only and shall not affect the construction hereof.
13.2. No Waiver: No failure or delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No waiver of any provision hereof shall be effective unless the same shall be in writing and signed.
13.3 Severability: If any provision of these Terms is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or enforceable nor the remaining provisions hereof, nor render unenforceable such provision in any other jurisdiction. In the event any provisions of these Terms shall be held to be invalid, illegal or unenforceable, the parties hereto shall use their best efforts to substitute valid, legal and enforceable provisions which, insofar as practical, implement the purposes hereof.
13.4 Cumulative Remedies: The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
13.5 Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a "Force Majeure Event"), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under these Terms despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar/embargo to the making of the payments.
13.6 Assignment: The right to use the Services is personal to the User and is not transferable by assignment, sublicense, or any other method to any other person or entity.
FACTBYTE IT SOLUTIONS PRIVATE LIMITED ("FACT") is an Independent analytics company which provides its Registered Users (any person who is registered with FACT and accepts these terms and proceeds to use the Services offered by FACT) information and analytics Services about all corporate entities in India using public domain information, including through its proprietary portal - FACT-dashboard.FACT.in. Using the Services shall be deemed to constitute sufficient proof that the Users have read, understood and accepted this Privacy Policy.
FACT shall collect minimal personal information of the Users who access its Services, through both offline and online means. Such personal information shall include, but not be limited to, the credentials of the user, the user IDs though which the user accesses the platform, usage log of the user, the data downloaded by the user ("Personal Information").
FACT may collect, store, access and use personal information solely to the extent required for it to enable the Users utilize the Services and monitor such use. FACT may also use such information to keep the Users informed about its products and services, including any promotional offers.
While this Policy applies to all Personal Information collected, stored and used by FACT, it is intended to comply only with the applicable laws of India and not any other jurisdiction.
FACT shall maintain strict confidentiality of Personal Information. FACT shall not publish, sell, give on rent, trade or otherwise transfer user Personal Information to any third party, except as may be required by law, or pursuant to the order of a court or regulatory authority, or in order for FACT to enforce its rights.
FACT presumes that the Users who submit Personal Information are doing so out of their own volition. FACT does not compel the Users to disclose any Personal Information. The Users may opt not to provide Personal Information, which, however, may render all or some of the Services unusable and FACT shall not be responsible for the same.
FACT shall take all reasonable precautions by way of using current industry standard encryption technologies to protect Users' Personal Information from any kind of digital loss, misuse and unauthorised access, disclosure, alteration and destruction. FACT shall also make all reasonable efforts to appropriately firewall its servers and prevent unauthorized access to any database containing Personal Information.
For any inquiries and complaints, the following email address may be used: Info@fact-byte.com. All inquiries and complaints shall be investigated promptly and without charging any fee to the User.
Notwithstanding anything to the contrary in this Policy or any other contract with the User, FACT's aggregate liability for any violation of this Policy shall be limited to a sum of Rs. 1000 and shall not extend to any indirect or remote damages whatsoever under any theory of liability whether or not FACT has been advised of the possibility of such damages.
FACT may modify this Policy in its sole discretion at any time. The amendments shall apply to existing Users from the date they are informed of the same through the Company's website. It shall be the sole responsibility of the Users to abide by this Policy.