These terms and conditions ("Terms") govern the use of or access
to servicetrac360.com ("Website"), the "ServicTrac" mobile
application ("App"), and the Services (defined below). The Website
and App are collectively referred to as the "Solution".
These Terms also include our privacy policy, available at
("Privacy Policy"), and any guidelines, additional terms,
policies, or disclaimers made available or modified by us
regularly. These Terms could be updated by us, without notice to
you and the Terms, as amended, shall apply to all. You can always
review the most current version of these Terms on our Solution.
These Terms constitute a binding and enforceable legal contract
between Codon Software Private Limited ("ServicTrac") and a User
(defined below) or any end user of the Services (collectively,
"you"). You represent and warrant that you (a) have full legal
capacity and authority to agree and bind yourself to these Terms,
(b) are legal age of eighteen years or older. If you represent an
entity, organisation, or any other legal person, you confirm and
represent that you have the necessary power and authority to bind
such entity, organisation, or legal person to these Terms.
By using the Services, you agree that you have read, understood,
and are bound by these Terms, and that you comply with the
requirements listed herein. If you do not agree to all of these
Terms or comply with the requirements herein, please do not access
the Solution or use the Services.
SERVICES
The Solution allows businesses such as vendors, merchants, and
suppliers (hereafter, "Merchants") to record their daily
transactions, such as the sale and purchase of goods and services,
with their customers ("Customers"). In addition, the Solution uses
technology to facilitate transactions between Merchants and
Customers and uses data-backed insights to meet Users' untapped
needs. Further, ServicTrac facilitates the provision of financial
products and services to Users (all the services described here,
including the provision of the Solution and its features,
collectively constitute the "Services").
Merchants and Customers are collectively referred to as "Users".
For the avoidance of doubt, a Merchant may be considered a
Customer in certain transactions (and vice versa). For example, in
a situation where the Merchant purchases goods and services from a
supplier that are recorded on the Solution, the Merchant would be
considered a Customer and the supplier a Merchant.
PROFILE CREATION
To avail the Services, a Merchant would be required to create a
merchant profile on the Solution ("Profile"). In addition to
setting up username and password to create the Profile, the
Merchant will be required to furnish certain details, including
but not limited to phone numbers and details of their businesses.
The Merchant warrants that all information furnished in connection
with its Profile is and shall remain accurate and true in all
respect, and agrees that it shall promptly update its details on
the Solution in the event of any change or modification.
The Merchant is solely responsible for maintaining the security
and confidentiality of its username and password, and agrees to
immediately notify ServicTrac of any disclosure or unauthorised
use of its Profile or any other breach of security with respect to
its Profile.
The Merchant expressly agrees to be liable and accountable for all
activities that take place through its Profile. ServicTrac shall
in no manner be held liable for any unauthorised access to a
Merchant's Profile.
The Merchant agrees to receive communications from ServicTrac
regarding: (i) information relating to transactions recorded on
the Solution; (ii) requests for payment; (iii) information about
ServicTrac and the Services; (iv) promotional offers and services
from ServicTrac and (v) any other matter in relation to the
Services.
KYC ServicTrac may be required to undertake certain "know your
customer" processes in relation to Users who intend to avail
certain features of the Services. In this regard, ServicTrac from
time to time shall require Users to upload information and
documents that may be necessary to ascertain their eligibility to
use certain features of the Services ("KYC Documents").
The User authorises ServicTrac, and any third-party service
provider it may engage with, to process KYC Documents and
ascertain its eligibility. Any processing undertaken by ServicTrac
shall be in accordance with its Privacy Policy. The User agrees
that it may be subject to additional terms of service in the event
a third party processes information under this Clause. Further, In
the event any additional information, data, or documentation is
required to determine eligibility (collectively, "Additional
Information"), the User hereby agrees to share such Additional
Information promptly upon request, and further, authorises
ServicTrac to process such Additional Information.
The User agrees and warrants to provide true, complete, and
up-to-date KYC Documents and Additional Information. The User
further acknowledges that (i) any false or misleading information
provided in this regard shall constitute a material breach of
these Terms, and (ii) its access to certain features of the
Services may be limited or denied if it fails to share KYC
Documents and Additional Information.
TRANSACTION INFORMATION
Merchants may upload information relating to transactions with
Customers, including the sale of goods or services, costs, amounts
paid and payable, and details of goods and services, on the
Solution (such information is referred to as "Transaction
Information"). Transaction Information may be exchanged between
Merchants and Customer through telephonic calls, text message,
WhatsApp, email, or other electronic mediums that would depend on
the contact details of Merchants and Customers provided on the
Solution.
At the time of creating or uploading the first Transaction
Information with respect to a Customer, the Merchant shall inform
such Customer of its use of the Solution to record such
Transaction Information and Transaction Information related to
future transactions and seek such Customer's express consent in
this regard and to:
The creation of a profile of the Customer on the Solution, which
will require sharing such Customer's phone number and contact
details with ServicTrac;
receive communications from ServicTrac regarding: (A) information
relating to their transactions recorded on the Solution; and (B)
any other matter in relation to the Services.
Should the Customer fail to provide consent, or withdraw consent,
the Merchant shall immediately cease to use the Services in
relation to that Customer.
THIRD PARTY SERVICES
The Services may include services, content, documents, and
information owned by, licensed to, or otherwise made available by
a third party ("Third Party Services") or contain links to Third
Party Services. Users understand that Third Party Services are the
responsibility of the third party that created or provided it and
acknowledge that use of such Third Party Services is solely at
their own risk.
ServicTrac makes no representations and excludes all warranties
and liabilities arising out of or pertaining to such Third Party
Services, including their accuracy or completeness. Further, all
intellectual property rights in and to Third Party Services are
the property of the respective third parties.
YOUR RESPONSIBILITIES
The User represents and warrants that all information that is
provided through or in relation to the Services is complete, true,
and correct on the date of agreeing to these Terms and shall
continue to be complete, true, and correct while the User avails
the Services. Should any information that the User provides change
during the existence of these Terms, the User undertakes to
immediately bring such change to ServicTrac's notice. ServicTrac
does not accept any responsibility or liability for any loss or
damage the User may suffer or incur if any information,
documentation, material, or data provided to avail the Services is
incorrect, incomplete, inaccurate, or misleading, or if the User
fails to disclose any material fact.
The User shall be solely responsible for ensuring compliance with
applicable laws, and shall be solely liable for any liability that
may arise due to a breach of its obligations in this regard.
The User shall extend all cooperation to ServicTrac in its defence
of any proceedings that may be initiated against it due to a
breach of the User's obligations or covenants under these Terms.
The User shall not use the Services in any manner except as
expressly permitted in these Terms. Without limiting the
generality of the preceding sentence, the User may not:
infringe any proprietary rights, including but not limited to
copyrights, patents, trademarks, or trade secrets, of any party;
except as may be provided hereunder, copy, display, distribute,
modify, publish, reproduce, store, transmit, post, translate,
create any derivative works from, or license the Services;
use the Services to transmit any data or send or upload any
material that contains viruses, Trojan horses, worms, time-bombs,
keystroke loggers, spyware, adware, or any other harmful
programmes or similar computer code designed to adversely affect
the operation of any computer software or hardware;
use any robot, spider, other automated device, or manual process
to monitor or copy the Solution or Services or any portion
thereof;
engage in the systematic retrieval of content from the Solution or
Services to create or compile, directly or indirectly, a
collection, compilation, database or directory;
use the Services in
(A) any unlawful manner,
(B) for fraudulent or malicious activities, or
(C) in any manner inconsistent with these Terms; or violate
applicable laws in any manner.
OUR INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Solution and
Services, including all intellectual property rights arising out
of the Solution and Services, are owned by or otherwise licensed
to ServicTrac. Subject to compliance with these Terms, ServicTrac
grants the User a non-exclusive, non-transferable, non-sub
licensable, royalty-free, revocable, and limited licence to use
the Solution and Services in accordance with these Terms and its
written instructions issued from time to time.
ServicTrac may request Users to submit suggestions and other
feedback, including bug reports, relating to the Solution or
Services from time to time ("Feedback"). ServicTrac may freely
use, copy, disclose, publish, display, distribute, and exploit the
Feedback without any payment of royalty, acknowledgement, prior
consent, or any other form of restriction arising out of the
User's intellectual property rights.
Except as stated in these Terms, nothing in these Terms should be
construed as conferring any right in or license to ServicTrac's or
any third party's intellectual rights.
TERM AND TERMINATION
These Terms shall remain in effect unless terminated in accordance
with the terms hereunder.
ServicTrac may terminate a User's access to or use of the
Services, or any portion thereof, immediately and at any point, at
its sole discretion if the User violates or breaches any of its
obligations, responsibilities, or covenants under these Terms.
Upon termination under Clause 8(b):
the Services will "time-out";
the User shall not be eligible to avail any features of the
Services; and
these Terms shall terminate, except for those clauses that
expressly or are intended to survive termination or expiry.
Notwithstanding anything to the contrary contained in the Terms,
upon termination of a User's access to or use of the Services, all
amounts or outstanding monies due by you in relation to your use
of or access to the Services shall become immediately payable.
DISCLAIMERS AND WARRANTIES
The use of the Services is at your sole risk.
You acknowledge and agree that ServicTrac is not engaged in the
provision, grant, or disbursement of any financial product.
ServicTrac is not and will not be responsible for any claim or for
any damages suffered that are related, directly or indirectly, to
or arise out of the use of financial products.
ServicTrac is merely a technology service provider and:
is not registered with the Reserve Bank of India;
does not hold any licence to engage in any activities relating to
financial products; and
is not a financial institution under the Companies Act, 2013 or
the Banking Regulation Act, 1949 or any other laws for the time
being in force in India; and
To the extent permitted by applicable law, the Services are
provided on an "as is" and "as available" basis. ServicTrac does
not warrant that operation of the Services will be uninterrupted
or error free or that the functions contained in the Services will
meet your requirements.
To the fullest extent permissible under applicable law, ServicTrac
expressly disclaims all warranties of any kind, express or
implied, arising out of the Services, including warranties of
merchantability, fitness for a particular purpose, satisfactory
quality, accuracy, title and non-infringement, compatibility,
applicability, usability, appropriateness, and any warranty that
may arise out of course of performance, course of dealing, or
usage of trade.
You hereby accept full responsibility for any consequences that
may arise from your use of the Services, and expressly agree and
acknowledge that ServicTrac shall have absolutely no liability
with respect to the same.
To the fullest extent permissible by law, ServicTrac, its
affiliates, and its related parties each disclaim all liability to
you for any loss or damage arising out of or due to:
your use of, inability to use, or availability or unavailability
of the Services, including any Third Party Services;
the occurrence or existence of any defect, interruption, or delays
in the operation or transmission of information to, from, or
through the Services, communications failure, theft, destruction
or unauthorised access to ServicTrac's records, programmes,
services, server, or other infrastructure relating to the
Services; or
the failure of the Services to remain operational for any period
of time.
Notwithstanding anything to the contrary contained herein, neither
ServicTrac nor any of its affiliates or related parties shall have
any liability to you for any indirect, incidental, special or
consequential damages or any loss of revenue or profits arising
under, directly or indirectly, or relating, in any manner
whatsoever, to these Terms or the Services. To the maximum extent
permitted by law, you agree to waive, release, discharge, and hold
harmless ServicTrac, its affiliated and subsidiary companies, its
parent companies, and each of their directors, officers,
employees, and agents, from any and all claims, losses, damages,
liabilities, expenses and causes of action arising out of the
Services.
INDEMNITY
You shall indemnify, defend at ServicTrac's option, and hold
ServicTrac, its parent companies, subsidiaries, affiliates, and
their officers, associates successors, assigns, licensors,
employees, directors, agents, and representatives, harmless from
and against any claim, demand, lawsuits, judicial proceeding,
losses, liabilities, damages and costs (including, without
limitation, from all damages, liabilities, settlements, costs and
attorneys' fees) due to or arising out of your access to the
Services, use of the Services, violation of these Terms or any
infringement by any third party who may use your account with
ServicTrac, of these Terms.
CONSENT TO USE DATA
You agree that ServicTrac may in accordance with its Privacy
Policy collect and use your information and technical data and
related information.
ServicTrac may use information and data pertaining to your use of
the Services for analytics, trends' identification, and purposes
of statistics to further enhance the effectiveness and efficiency
of the Solution.
Subject to applicable laws, ServicTrac may be directed by law
enforcement agencies or the government and related bodies to
disclose data in relation to Users in connection with criminal
proceedings. You understand and agree that in such instances,
ServicTrac shall have the right to share such data with relevant
agencies or bodies.
MODIFICATION
ServicTrac reserves the right at any time to add, modify or
discontinue, temporarily or permanently, the Services (or any part
thereof) with or without cause. ServicTrac shall not be liable for
any such addition, modification, suspension or discontinuation of
the Services.
JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in
accordance with the laws of India. Subject to other provisions in
this Clause, courts in Hyderabad shall have exclusive jurisdiction
over all issues arising out of these Terms or the use of the
Services.
Any controversies, conflicts, disputes, or differences arising out
of these Terms shall be resolved by arbitration in Hyderabad in
accordance with the Arbitration and Conciliation Act, 1996 for the
time being in force, which is deemed to be incorporated by
reference in this Clause. The tribunal shall consist of 1 (one)
arbitrator appointed by ServicTrac. The language of the
arbitration shall be English.
The parties to the arbitration shall keep the arbitration
confidential and not disclose to any person, other than on a need
to basis or to legal advisors, unless required to do so by law.
The decision of the arbitrator shall be final and binding on all
the Parties hereto.
Each party to the arbitration shall bear its own costs with
respect to any dispute.
MISCELLANEOUS PROVISIONS
Modification - ServicTrac reserves the right at any time to modify
these Terms and to add new or additional terms or conditions on
use of the Services. Such modifications and additional terms and
conditions will be communicated to you and, unless expressly
rejected (in which these Terms shall terminate), will be effective
immediately and will be incorporated into these Terms. In the
event you refuse to accept such changes, these Terms will
terminate.
Severability - If any provision of these Terms is determined by
any court or other competent authority to be unlawful or
unenforceable, the other provisions of these Terms will continue
in effect. If any unlawful or unenforceable provision would be
lawful or enforceable if part of it were deleted, that part will
be deemed to be deleted, and the rest of the provision will
continue in effect (unless that would contradict the clear
intention of the clause, in which case the entirety of the
relevant provision will be deemed to be deleted).
Assignment - You shall not licence, sell, transfer or assign your
rights, obligations, or covenants under these Terms in any manner
without ServicTrac's prior written consent. ServicTrac may grant
or withhold this consent in its sole discretion and subject to any
conditions it deems appropriate. ServicTrac may assign its rights
to any of its subsidiaries, or parent companies, or to any
successor in interest of any business associated with the Services
without any prior notice to you.
Notices - All notices, requests, demands, and determinations for
ServicTrac under these Terms (other than routine operational
communications) shall be sent to serviceTrac.com.
Third Party Rights - No third party shall have any rights to
enforce any terms contained herein.
Translations - ServicTrac may provide you with translated versions
of these Terms solely to assist you with understanding these Terms
in greater detail. The English version of these Terms shall be
controlling in all respects. In the event of any inconsistency
between the English version of these Terms and any translated
version, the terms of the English version shall prevail.
Mobile-based solution for small business owners to enable
recording of inventory, sales, purchasing, ledger transactions
digitally across the globe.
LAST UPDATED: [1st June 2020]
