This document is an electronic record and is generated by a computer system and does not require any physical or
digital signatures.
Please carefully read the terms and conditions of the following agreement. It contains very important information
about your rights and obligations, as well as limitations and exclusions that may apply to you.
TERMS OF SUBSCRIPTION
Last Updated: February 2021
This Terms of Subscription (“Agreement”) is between 3FIVE8 TECHNOLOGIES PRIVATE LIMITED, (“Service Provider”),
and you, or the entity you represent (“Customer”) governing your use of the host of Products and Services of the
Service Provider (“Product”). In the event if you are representing an entity, you hereby affirm that requisite
approvals and authorization to bind the entity has been obtained.
Service Provider and Customer shall individually be referred as “Party” and collectively referred to as
“Parties”.
1. Product License
1.1. Subject to the terms of this Agreement and payment of the fees as per the Order Form, the
Service Provider hereby grants to the Customer, a non-sub licensable, limited, restricted, revocable,
non-transferable, non-exclusive subscription to access and use the Product (as specified in Order Form), solely
for the availing of Service Provider’s Services. The Parties shall execute an order form with the Service
Provider (“Order Form”) pursuant to which Services shall be rendered to Customer on the terms and conditions
mentioned thereto. Services shall be facilitated through the Product. The Order Form shall form an integral part
of this Agreement and in the event of conflict between this Agreement and the Order Form, the latter shall
prevail.
1.2. The Customer shall ensure that its employees, users, account managers or anyone else acting on its behalf
(“Personnel”), who are using the Product comply with the terms and conditions as set out in this Agreement.
2. Payment
2.1. In consideration for the Services and the usage of the Product, the Customer shall pay the
Service Provider, the fees as agreed in respective order form accepted by Customer.
2.2. The Service Provider shall be entitled to present the invoices for the fees for the Product
and Services on the terms and conditions mentioned in the Order Form.
2.3. In the event if the payment against Invoices have not been made by Customer within the stipulated time,
Service Provider shall be entitled to discontinue to provide its Services and suspend Service Provider/
Personnel’s access to use the Product.
3. Restriction on usage of Product
3.1. Customer represents and warrants that:
i. it shall not rent, lease, distribute, license, sublicense, sell, resell, assign, transfer, timeshare, or
otherwise make Product available to any third-party contrary to the terms stated herein;
ii. it shall ensure that the information which shall be provided to the Service Provider shall be true and shall
not contain any information which is not obtained lawfully as per the applicable laws;
iii. it shall not reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or
underlying ideas or algorithms of the Product;
iv. it shall not do any act which shall damage, disable, overburden or impair Service Provider’s servers or
network, or interfere with any other party’s use and enjoyment of the Product;
v. it shall not access the Product in order to build a commercially available product or service which competes
with the Product;
vi. it shall not use the Product in a manner that is prohibited by any law or regulation;
vii. it shall not copy any features, functions, integrations, interfaces or graphics which are part of the
Product;
viii. it shall not willfully tamper with the security of the Product, including attempting to probe, scan or
test the vulnerability of the Product or to breach the security or authentication measures;
ix. it/ or its Personnel shall further not transmit any information through the Product, in
any manner or avail Product in any manner, which may:
a. be unlawful, threatening, abusive, libelous, defamatory;
b. refute or is contrary to what is set out anywhere in the Agreement;
c. is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling);
d. violates the privacy of any third-party.
x. it shall not host, display, upload, modify, publish, transmit, update or share any information belongs to
another person and to which the Customer does not have any right to.
4. Customer Data
4.1. The Customer is the owner of all information, data, and material that is generated, uploaded, accessed,
interpreted, and/or analyzed through the Product (collectively “Customer Data”).
4.2. The Service Provider is not and shall not be obliged to review the Customer Data for accuracy or potential
liability, and the Customer shall fully indemnify, defend and hold Service Provider harmless from and against
any and all damage, losses, costs, or liabilities that may be caused due to Customer Data.
5. Representations and Warranties
5.1. Each Party hereby represents, warrants and covenants that:
a. Each Party has the legal right and authority to enter into this Agreement and to perform its obligations
under this Agreement;
b. Each representative of the Party executing this Agreement (electronically or physically) is authorized to
bind the respective Party;
c. The Parties will comply with all applicable legal and regulatory requirements applying to the exercise of the
party's rights and the fulfilment of the party's obligations under this Agreement; and
d. Each Party has access to all necessary know-how, expertise and experience to perform its obligations under
this Agreement.
6. Availability of Services and Warranty limitations
6.1. Neither the Service Provider nor any of its representatives has made or will make any
representation or warranty whatsoever, express, implied or statutory, including, without limitation, any implied
representations or warranties of accuracy of the Product; merchantability; fitness for a particular purpose;
title; enforceability or non-infringement of Product.
6.2. The Customer acknowledges that complex software, is never wholly free from defects, errors and bugs related
to design, functionality, security and other aspects of the Product; and subject to the other provisions of this
Agreement, the Service Provider gives no warranty or representation that the Product will always be wholly free
from defects, errors and bugs.
6.3. The Customer acknowledges that the Product is designed to be compatible only with that software and those
systems specified as compatible in the specifications provided by the Service Provider; and the Service Provider
does not warrant or represent that the Product will be compatible with any other software or systems.
6.4. The Service Provider warrants that a) the functionality of the Products will not be materially decreased
during a Subscription Term. For the purpose of this clause, a Subscription Term is defined by the term for which
the subscription payment is already made. For any breach of either such warranty, the Customer’s exclusive
remedy shall be termination of Subscription including refund of advance payments made for the Subscription Term.
b) For integrations of the
Product with third party software or hardware, the Service Provider will perform due diligence while selecting
the third-party software or hardware. However, the Service Provider does not warrant error-free functioning or
discontinuation of service by such 3rd Party software or hardware.
7. Confidential Information
7.1. Each Party may from time to time during the term of this Agreement, disclose to the other
Party certain non-public, commercially proprietary or sensitive information, whether or not designated as
“confidential” or “proprietary” or similar designation, that relates to the past, present or future business
activities, including, inter alia, technical, marketing, financial, business, planning, and other confidential
and proprietary information (“Confidential Information”).
7.2. The Party receiving Confidential Information (“Receiving Party”) will hold the Confidential Information in
trust and confidence and, except as set forth in this Agreement or as otherwise may be authorized by the Party
disclosing Confidential Information (“Disclosing Party”), in writing, will not disclose such information to any
third party.
7.3. The Receiving Party may disclose Confidential Information, if required to do so under applicable law, rule
or order, provided that the Receiving Party where reasonably practicable and to the extent legally permissible,
provides the Disclosing Party, with prior written notice of the required disclosure so that the Disclosing Party
may seek a protective order or other appropriate remedy, and provided further that the Receiving Party discloses
no more Confidential Information of the Disclosing Party than is reasonably necessary in order to respond to the
required disclosure.
7.4. Information shall not be considered “Confidential Information” to the extent, but only to the extent, that
such information: (a) was already known to the Receiving Party free of any restriction at the time it is
obtained from the Disclosing Party; (b) is subsequently learned from an independent third party free of any
restrictions and without breach of this Agreement or any other agreements; (c) is or becomes publicly available
through no wrongful act of the Receiving Party; or (d) is independently developed by the Receiving Party without
reference to any Confidential Information.
7.5. At the request and option of the Disclosing Party, or in the event of termination or expiration of this
Agreement (or any part thereof), the Receiving Party shall promptly: (a) return to the Disclosing Party the
Confidential Information and all documentation, information, Services, and data related to the Agreement, even
if not Confidential Information); or (b) destroy or permanently erase on all forms of recordation the
Confidential Information and, if requested by the Disclosing Party, acknowledge in writing that all such
Confidential Information has been destroyed or permanently erased.
7.6. The confidentiality obligation under this Agreement shall survive termination of this Agreement for a
period of two (2) years.
8. Data Protection and Security
8.1. Parties hereby acknowledge and agree that they shall comply with all the applicable data
protection laws in relation to collection of personal data, processing of personal data and
shall ensure that there are organizational measures to safeguard such personal data.
8.2. The Customer represents and warrants that it shall obtain prior written consent of the
individual whose personal data is being shared with the Service Provider.
8.3. Service Provider hereby agrees and acknowledges that any personal data which has been shared by the
Customer shall be processed by Service Provider solely as per the terms and conditions stated in the data
processing agreement which is made available at (“DPA”).
9. Intellectual Property Rights
9.1. The Service Provider retains all right, title and interest in the intellectual property rights in
the Product and Services, including (but not limited to) all software, formats, interfaces, information and
data, content and Service Provider’s proprietary information and technology used by Service Provider or provided
to Service Provider in connection with the Services or usage of the Product and any suggestions, ideas,
enhancement requests, feedback, recommendations or other information provided by the Customer or learned as a
result of the Customer’s use of the Services or Product and that the Services and the Product is protected by
intellectual property rights owned by or licensed to Service Provider. Other than the limited permission to use
the Services and Product as provided by Service Provider as expressly set forth in this Agreement, no other
license or other proprietary rights in the Services and Product or Service Provider’s proprietary application
are granted to the Customer and all such rights are hereby expressly reserved by Service Provider.
9.2. The Service Provider shall own all rights and title in any inventions, formulae, processes, algorithms,
circuitry designs, computer programs, improvements to any of the preceding, including methods of determining
dimensions, pattern matching, symbol recognition or computer learning, whether or not patentable or registrable
under patent, copyright or similar statutes, that are generated, created, conceived or reduced to practice
(collectively “Creatives”) by the Service Provider, either alone or jointly with others in connection with
providing of the Services. The Customer shall have no right in whatsoever manner, in the intellectual property
rights developed during availing Services.
9.3. The Customer herein shall at all times take necessary steps to prevent infringement of the copyright,
trademarks and/or other intellectual property rights of the Service Provider by any third Party. Upon becoming
aware of any such actual or attempted infringement, Customer so becoming aware shall promptly inform the Service
Provider of such infringement and both Parties
shall agree on measures necessary to prevent such infringement. In the event that any third party infringes or
is likely to infringe any intellectual property rights, appearing in or on the Product, Customer becoming aware
of this shall immediately upon its discovery notify the Service Provider thereof, and assist in instituting and
taking such appropriate actions as may be reasonably required.
10. Compliance with Laws
Each Party shall at all times and at its own expense (a) strictly comply with all applicable Law, now or
hereafter in effect, relating to its performance of this Agreement; (b) pay all fees and other charges required
by such applicable laws; and (c) maintain in full force and effect all licenses, permits, authorizations,
registrations and qualification from any regulatory authority to the extent necessary to perform its obligations
hereunder.
11. Term and Termination
11.1. This Agreement shall be valid from the Subscription Start Date (as defined the Order
Form), until the date it is explicitly terminated.
11.2. This Agreement is subject to review by either party at any time during the Subscription
Term. Either Party shall have the right to terminate this Agreement, by giving prior written notice of not less
than thirty (30) days, and the Customer data will be available for the Customer to be extracted during this
period. The Notice period has to be within the Subscription Paid Duration (Subscription Term).
11.3. After such thirty (30) day’s period, access of the Customer will be discontinued. The Service Provider
will retain the Customer’s data for ninety (90) days in case if the Customer desires to re-activate the
Subscription by paying a re-activation fee. Post expiry of ninety (90) day’s period, the Service Provider shall
have no obligation to maintain or provide any Customer data and shall thereafter, unless legally prohibited, or
prohibited by the Data Subject, delete the Customer Data in our systems or otherwise in its possession or under
its control.
11.4. Upon non-payment of Subscription dues within the subscription invoice due date, the Subscription is
considered terminated and the Customer’s access to the Services shall be discontinued. In the event of
termination, Service Provider shall revoke the rights granted under clause 1.1.
11.5. In the event of termination of this Agreement, Customer shall be liable to make payments to Service
Provider for all the Services availed and for usage of the Product, till the date of such termination.
11.6. Refund can be claimed, due to cause as listed in Clause 6.4, for Advance Payments of Annual or more, if
initiated within thirty (30) days of the acknowledgement of payment by Service Provider.
11.7. Notwithstanding anything to the contrary elsewhere contained in the Agreement, the Service Provider shall
have the right to suspend the Customer’s usage of the Product and Services forthwith, if Customer is in breach
of the terms and conditions stated in clause 3.1 of the Agreement.
12. Indemnification
12.1. The Service Provider, jointly and severally, agrees to indemnify, defend and hold
Customer, its directors, officers and employees harmless from and against any and all losses, liabilities,
claims, damages, costs and expenses, including reasonable legal fees and disbursements in connection with any
claim asserted against or incurred by Customer (collectively "Claims") or on account of any damages, claims,
liabilities fines, penalties (collectively “Losses”) which directly arise out of, result from or may be payable
by virtue of any breach of any applicable laws; gross negligent act and willful misconduct. Service Provider
shall further agree to indemnify defend and hold Customer harmless from and against any Claims and / or Losses
incurred by Customer on account of any third-party claims arising out of infringement of any intellectual
property rights of any third party by Service Provider from the usage of Product by Customer. However, Service
Provider shall not have any liability to indemnify for any claim arising out of infringing any intellectual
property rights of third-party to the extent that any infringement or claim thereof is attributable to (i) the
combination, operation or use of Product with the equipment or software supplied by the Customer, where the
Product would not itself be infringing; (ii) compliance with designs, instructions provided by Customer; (iii)
use of Product in an application or environment for which it was not designed or contemplated under this
Agreement.
12.2. The Customer, jointly and severally, agrees to indemnify, defend and hold Service Provider, its directors,
officers and employees harmless from and against any and all losses, liabilities, claims, damages, costs and
expenses, including reasonable legal fees and disbursements in connection with any claim asserted against or
incurred by Service Provider (collectively "Claims") or on account of any damages, claims, liabilities fines,
penalties (collectively “Losses”) which directly arise out of, or result from the infringement of any
intellectual property rights; or breach of applicable laws by the Customer.
12.3. The foregoing is, however, conditional upon one Party (“Indemnified Party”) (i) notifying the other Party
(“Indemnifying Party”) in writing and in detail without undue delay, (ii) authorizing the Indemnifying Party to
conduct any judicial proceedings with such third party on its own, and (iii) providing the Indemnifying Party
(at the expense of the Indemnifying Party) with any reasonable assistance so that the Indemnifying Party can
defend such third-party claims.
13. Publicity
Neither Party shall have the permission to use name and logo of the other Party without the prior consent of the
other Party. However, Service Provider shall have the permission to use Customer’s logo in identifying Customer
as a client of Service Provider.
14. Force majeure
If either Party is unable to perform any of its obligations under this Agreement because of circumstances beyond
the reasonable control of the Party, such as an act of God, fire, casualty, pandemic, flood, war, terrorist act,
failure of public utilities, injunction or any act, exercise, labor or civic unrest, assertion or requirement of
any governmental authority, epidemic, or destruction of production facilities (a “Force Majeure Event”), the
Party who has been so affected shall immediately give notice to the other Party and shall do everything
reasonably practicable to resume performance.
15. Notice
15.1. Notices, demands or other communication to be given or made under this Agreement shall
be in writing and delivered personally or sent by prepaid post with recorded delivery, or by
email to legal@3five8.com.
15.2. Any such notice, demand or communication shall, unless the contrary is proved, be
deemed to have been duly served after receipt of transmission in the case of service by email.
16. Limitation of Liability
16.1. Excluding the indemnification obligations stated in the Agreement, fraud, criminal liability,
death, damage to property, injury to person, gross negligence and willful misconduct, breach of terms and
conditions stated in clause 3.1 of the Agreement, either Party’s aggregate liability under or in connection with
this Agreement, whether in tort or contract, will be limited to the actual direct damages incurred but will not
exceed the amounts actually paid to Service Provider by Customer in the three (3) months period immediately
preceding the relevant Party’s formal written notice of the claim for liability hereunder.
16.2. Neither party will be liable to the other for any consequential or indirect damages, regardless of the
form of action or the theory of recovery, even if it has been advised of the possibility of such damages.
17. Dispute Resolution
In the event of any dispute arising out of or in relation to this Agreement, the Customer and the Service
Provider shall mutually discuss to resolve the disputes. In the event the dispute is unresolved with mutual
discussion - 1) if the Customer is residing in India, the dispute will be resolved by the Courts of Bangalore,
India; 2) In the event if the Customer is not residing in India, the Dispute will be submitted for Arbitration.
The Customer can choose the venue of Arbitration to be Dubai and such Arbitration shall be governed as per the
rules laid down by Dubai
International Financial Centre (DIFC). The language of Arbitration shall be English.
18. Miscellaneous
18.1. The Agreement, including Order Form, any annexures, schedules, exhibits, referred to
therein and attached thereto, constitutes the entire agreement between the Parties and supersedes all previous
agreements, promises, proposals, representations, understanding and negotiations, whether written or oral,
between the Parties pertaining to the subject matter hereof.
18.2. No modification, amendment or supplement to this Agreement, or any provisions hereof or thereof will be
binding upon the Parties unless made in writing and signed by a duly authorized representative of both Parties.
18.3. At no time will any failure or delay by either Party in enforcing any provisions, exercising any option,
or requiring performance of any provisions, be construed to be a waiver of same.
18.4. If any term, provision or part of this Agreement is to any extent held invalid, void or unenforceable, the
remainder of this Agreement will not be impaired or affected thereby, and each term, provision and part will
continue in full force and effect, and will be valid and enforceable to the fullest extent permitted by law.
18.5. Any provision of this Agreement, which contemplates performance or observance subsequent to termination or
expiration of this Agreement, will survive termination or expiration of this Agreement and continue in full
force and effect.
18.6. Neither Party may assign the Agreement without the prior written consent of the other. Any assignment by
operation of law, order of any court, or pursuant to any plan of merger, consolidation or liquidation, will be
deemed an assignment for which prior consent is required and any assignment made without any such consent will
be void and of no effect as between the Parties.
18.7. Nothing contained in this Agreement shall create, constitute or evidence any partnership, agency, joint
venture, trust or employer/employee relationship between the Parties and a Party may not make, or allow to be
made, any representation that such relationship exists between the Parties.
18.8. Neither Party shall be entitled to engage in any negotiations or make representations on behalf of the
other Party unless so specifically authorized by the other Party.
TERMS OF SERVICE
Last Updated: February 2021
This Terms of Service (“Terms of Service” or “Agreement” or “Terms”) is between 3FIVE8
TECHNOLOGIES PRIVATE
LIMITED, (“Service Provider”), and User (“User”) governing User's use of the host of Products
and Services of
the Service Provider (“Product”).
The Service Provider requests User (as defined below) to go through this Terms of Service prior to accessing the
Product or availing Services (as defined below) using the Product. If User continues to utilize the Services,
the User irrevocably and unconditionally is agreeing to comply with, abide by and be bound by all these
obligations as stipulated in this Terms of Service, which together read with the privacy policy available at
(“Privacy Policy”), and any other
applicable policies referred to herein or made
available on the Product (collectively referred as “Terms and Conditions”). The Terms and Conditions
shall
govern the Service Provider’s relationship with User in relation to the usage of the Product. These Terms and
Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act
as a binding agreement between Service Provider and the User.
1. Definition
"Service Provider” means 3Five8 Technologies Private Limited and any other companies that are its
subsidiaries
and affiliates.
"Multi Dwelling Unit" shall mean a Residential or Commercial Complex with multiple Units.
"Product" means all offerings of the Service Provider in the form of mobile app, website, etc., as
described in
further detail under clause 3 below.
“Subscriber” or “Customer” shall refer to the entity/individual who enters into agreement with the
Service
Provider for obtaining Services.
“Super Admin” shall mean an individual belonging to the Subscriber (or Customer) organization who is the
official administrator of the respective Multi Dwelling Unit’s ADDA Portal.
“User” shall mean any person or entity who shall avail Services on the Product, or his/her
representatives or
affiliates who are registered on the Product.
2. Updation of Terms and Conditions
The User's use of the Product is subject to the Terms and Conditions, which may be updated, amended, modified or
revised by us from time to time with notice to the User. The Updated Terms and Conditions shall be effective
immediately and shall supersede these. If the User continues to use the Product and/or Services after the
Updated Terms and Conditions have been published, it shall be deemed that the User has read and understood and
accept the Updated Terms and Conditions. Any reference to Terms of Service shall refer to the latest version of
the Terms of Service.
3. Provision to Users
3Five8 Technologies provides a suite of products categorized as below.
a. The “ADDA App” which is used by relevant stakeholder of the multi dwelling unit, and is
integrally connected with various SaaS products of the Service Provider.
b. The “ADDA ERP”, “ADDA GateKeeper” etc. are Web-Based and App-Based SaaS software that connect the User to
other Users, Administrator Users, or Third-Party service
providers.
All products are integrated with each other. Depending on the access available to the User, the User may use any
or all of these Products.
In order to avail the Services as mentioned below, primarily an Order Form and Terms of Subscription pursuant to
the Order Form needs to be executed.
4. Additional Terms for ADDA Gatekeeper
In case the Multi Dwelling Unit avails the ADDA Gatekeeper Service, all the visitor data shall be treated with
same privacy and sanctity as the Visitor Data captured prior to use of ADDA Gatekeeper. Service Provider takes
no responsibility for any data captured in ADDA Gatekeeper and published or distributed outside by any User
having access to such Data. Service Provider reserves the right to suspend Services to Users, who are involved
in service abuse.
While the User belongs to the legal entity of an Multi Dwelling Unit and may receive important notifications on
their mobile number, the User's Visitors are not considered to be part of the Multi Dwelling Unit. Notifications
to Visitor mobile numbers, if any, will be strictly as per the applicable laws.
5. Additional Terms for ADDA Discover
The Discover is a feature provided for Users for availing useful services for their respective Multi Dwelling
Unit. The User understands that any information provided by the User on Discover, is visible outside his ADDA.
The User is responsible for any information they share via Discover. The User understands that the services
availed via this feature are rendered by third- party service providers (Vendors) and not by the Service
Provider. Neither the Service Provider, nor the Subscriber (or Customer) is responsible for any consequence
arising out of the User’s availing of such third-party services nor shall they be liable for any aspect of the
third-party service. The Service Provider in no way endorses or warrants the services of any Vendor/third-party
service provider that is listed on the ADDA Discover feature.
6. List of Prohibited Items
Users are prohibited from aiding in the sale / exchange of any item present in the below list via the Product.
This is indicative and not exhaustive and items can be added as and when prohibited to law or brought to Service
Provider’s notice.
Airline tickets that restrict transfer, other unauthorized ticket sale - Alcohol or tobacco products - Blood,
bodily fluids or parts - Bulk email or mailing lists that contain names, addresses, phone numbers, or other
personal identifying info Burglary tools, including but not limited to lock-picks or motor vehicle keys -
Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug
paraphernalia -Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them -
Counterfeit, replica, or knock-off brand name goods - Coupons or gift cards that restrict transfer, other
unauthorized coupons or gift cards - False identification cards, forged certificates - Fireworks, firearms and
explosives - Gambling items, including but not limited to lottery tickets - Material that infringes copyright,
including but not limited to software or other unauthorized digital goods sale - Pornography - Pet animal parts,
blood, or fluids - Prescription drugs and medical devices, including but not limited to prescription or contact
lenses, defibrillators, hypodermic needles or hearing aids - Stolen property, or property with serial number
removed or altered.
The Service Provider reserves the right to suspend their Services to Users involving in service abuse. Service
Provider further reserves the right to add/delete items in the above- mentioned list at their sole discretion.
7. Eligibility
By using this Product, the User affirms that they are at least 18 years of age and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the
Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the
Product is available only to persons who can form legally binding contracts under applicable laws. Persons who
are "incompetent to contract", including minors, un-discharged insolvents, or person with unsound mind etc. are
not eligible to use the Product. By accessing the Product or by accessing any of the Services or Content on any
other Authorized Device, it is deemed that the User has read and understood and accepted these Terms.
If the User will be using the Services on behalf of an organization, the User agrees to these Terms on behalf of
that organization and the User represents that they have the authority to do so.
8. Multi Dwelling Unit Subscription
A Multi Dwelling Unit must first subscribe to the Services offered by us prior to availing such Services.
Each Multi Dwelling Unit may avail Services via one single ADDA Portal. If there are Duplicate ADDA Portals
representing same Multi Dwelling Unit, only the paid ADDA Portals will be retained. Other ADDA Portals will be
deactivated. If there is dispute within the Users of any particular Multi Dwelling Unit in this regard, the same
has to be resolved internally among the Users. Service Provider does not take any responsibility in case of such
disputes.
9. User Account Registration
In order to avail the Services, the User must first complete the registration process and create an account on
User's respective Property’s portal (“Account”). Accounts created will be approved by the Administrative
User(s)
belonging to the Subscriber (or Customer) Entity for activation. Upon creation of the Account, User will be
notified of User's User ID and Password (“Login Credentials”). Post creation of the Account User may
login to
the ADDA Product and avail any of the Services offered by us or the third-party Vendors available on the
Product.
During registration User is required to give User's contact information and proof of being associated with the
Property. The registration information given by User must always be accurate, correct and up to date. This
ensures User can get the maximum benefit from the Product. User is entirely responsible for safeguarding and
maintaining the confidentiality of User's login
credentials. User agrees to notify us immediately if User suspects or become aware of any unauthorized use of
User's Account or any unauthorized access to the password for any Account. User further agrees not to use the
Account or log in with the username and password of another User of the Site if (a) User is not authorized to
use such login credentials or (b) the use would violate the Terms of Service.
10. Product License
1. Subject to User's compliance with the Terms of Service, the Service Provider grants User a limited,
non-exclusive, non-transferable license: (i) access the functionalities of the Product for User's personal and
non-commercial purposes; and (ii) to access, modify, edit and download any content, to which User is permitted
access solely for User's use. User shall have no right to sublicense the license rights granted herein.
2. The User will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell,
resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the
Product and Services, except as expressly permitted in the Terms of Service. No licenses or rights are granted
to User by implication or otherwise under any intellectual property rights owned or controlled by Service
Provider or its licensors, except for the licenses and rights expressly granted in the Terms of Service. The
Product and the intellectual property rights vested therein is owned by Service Provider.
11. Use of User's Information and Content and other content displayed on the Product
1. If User creates, transmits, submits, displays or otherwise makes available any information while using the
Services, User may provide only information that User owns or has the right to use. Service Provider may only
use the information User provides as permitted by the Privacy Policy and applicable law. For example, Service
Provider will never share User's personally identifiable information without User's prior permission. Please
closely review the Privacy Policy for more
information regarding how Service Provider uses and discloses User's
personal information. The Privacy Policy is hereby incorporated into these Terms of Service by this reference.
2. The Service Provider may make use of third-party cloud services providers or use their own service
infrastructure for hosting the servers and databases. While Service Provider makes commercially reasonable
efforts to ensure that the data stored on their servers is persistent and always available to the User, Service
Provider will not be responsible in the event of failure of the third-party servers or any other factors outside
their reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily
inaccessible.
3. The User acknowledge and agree that Service Provider may preserve User's information and may also disclose
User's related information if required to do so by law; or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process,
applicable laws or government requests; (b) enforce these Terms Of Service; (c) respond to claims that any of
User's usage of the Product violates the rights of third parties; (d) detect, prevent, or otherwise address
fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Product, its
users, or the public.
12. Mobile Applications
The mobile applications of the Product, may seek access to data stores in User's Phone, such as SMS, Photos,
Contact List etc. The purpose of this access is solely towards complete functionality of relevant Services. The
mobile applications will not run to their full potential if User chooses to not provide the necessary access.
13. Third Party Services
While availing Services, Users may connect with third-party service providers (including but not limited to
Vendors). The Service Provider is not responsible for, and does not endorse, any third-party services mentioned
on the Product. It is hereby stated that Service Provider shall in no way be responsible for any acts or
omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with
such third parties are at the User’s own risk and Service Provider makes no warranties, express or implied
regarding the quality or suitability of the services or products of such third-party vendors. User may be
redirected to a third-party website upon clicking on such links, these websites will be governed by its privacy
policy and terms of use. Service Provider urges User to be vigilant and cautious of any third-party services
that User may render from any third-party or Vendor via the Product. Service Provider shall not be responsible
for any transaction or dissemination of information by the User that may take place while accessing these
third-party websites.
14. Rules and Conduct
1. As a condition of use, User promises not to use the Services for any purpose that is prohibited by the Terms
of Service, or other rules or policies implemented by us from time to time; or in violation of any applicable
laws. The Services (including, without limitation) is provided only for User's own personal and non-commercial
use.
2. By way of example, and not as a limitation, User shall not (and shall not permit any third party to) take any
action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any
intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing,
defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or
profane; or (iv) impersonates any person or entity. The Service Provider reserves the right to disable any
Account from the Product at any time for any reason (including, but not limited to, upon receipt of claims or
allegations from third parties or authorities; or if Service Provider is concerned that User
may have violated the Terms of Service).
3. Additionally, User shall not share any information that: (i) may be harmful to minors or
children below the age of 18 (eighteen) years; (ii) is invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatsoever; (iii) infringes any patent, trademark, copyright or other proprietary rights;
(iv) violates any laws for time being; and (v) impersonate any person.
4. Furthermore, User shall not (directly or indirectly): (i) take any action that imposes or may impose an
unreasonable or disproportionately large load on Service Provider’s (or its third party providers’)
infrastructure; (ii) interfere or attempt to interfere with the proper working of the Product or any activities
conducted on the Product; (iii) bypass any measures Service Provider may use to prevent or restrict access to
the Product (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to
derive any source code or underlying ideas or algorithms of any part of the Product, except to the limited
extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create
derivative works of any part of the Product; or (vi) copy, rent, lease, distribute, or otherwise transfer any or
all of the rights that User receives hereunder.
5. The User will not access the Product, or the personal information of other Users, available on the Product in
order to build a similar or competitive website, app, product, or service.
6. The User agrees to immediately notify us of any unauthorised use, or suspected unauthorized use of User's
Profile, or any other breach of security, in relation to User's personal information on the Product.
7. Any use of an Account by a third-party would deem to be unauthorised usage. The Service Provider reserves the
right to disable any such Account from the Product.
8. The Service Provider also send the user site and service announcement updates. Users may choose to
unsubscribe from receiving these emails by following the instructions that will be part of each announcement
email.
15. Contact User
The User agrees that Service Provider may contact User through telephone, email, SMS, or any other means of
communication for the purpose of:
a. Providing information about Service Provider’s product/services;
b. Obtaining feedback in relation to Product or Services or promotion of Product or Services;
c. Obtaining feedback in relation to any other Users listed on the Product;
d. Resolving any complaints, information, or queries by other Users regarding User's Critical Content; and
e. User agrees to provide User's fullest co-operation further to such communication by Service Provider.
Automated push notifications may be sent to User if User opts to use the mobile application, User may choose to
disable the notifications/ opt out of receiving such notifications by modifying the settings in the mobile
application.
By submitting suggestions or other feedback regarding the Services/Product, User agrees that Service Provider
can use and share such feedback for any purpose without any compensation to User and Service Provider is under
no obligation to keep such feedback confidential.
16. Service Provider Materials
While rendering Services, Service Provider directly or through its representatives, may provide Users with
certain materials relevant to the Services, which may be in the form of audio, video, written and oral content
(“Service Provider Materials”). Service Provider Materials shall be the exclusive property of the Service
Provider. The User hereby agrees and acknowledges that he/she shall ensure that the Service Provider Materials
are not shared with any third party, without Service Provider’s written consent and any breach of such nature
shall cause financial and irreparable injury to Service Provider. Service Provider hereby provides User with a
revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Service Provider
Materials solely for its personal purpose and not for any commercial use.
The User understands that all information (such as data files, written text, audio files, images or any other
media) which User may have access to as part of, or through User's use of the Services are the sole
responsibility of the person from which such content originated. Service Provider takes no responsibility for
abusive content, and it is the responsibility of the users to regulate such content. Service Provider takes no
responsibility for any data generated within any of the Services and published or distributed outside by User.
17. Modification
The Service Provider reserves the right, at any time and with sole discretion, to change, modify, or amend the
Product (in whole, or in part), in compliance with the applicable legal and regulatory framework. User agrees
that Service Provider will not be liable to User for any change, modification or amendment of the Product, or
any part thereof. In case any feature or service is phased out, adequate time and notice will be given to User,
so that User may retain the
Information assets created by User as part of that feature. Beyond the time given, User agrees that Service
Provider shall not be liable to User or to any third party.
18. Support
The Service Provider offers Support via FAQs, In-App Support, Online chat and Phone Call, based on the
Subscription terms.
The User agrees and acknowledges that the Service Provider shall address and attempt to resolve the complaint
received in accordance with the standard policies and procedures adopted by the Service Provider, the User’s
disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the
complaint by the Service Provider. Any suggestions by Service Provider regarding use of the Services shall not
be construed as a warranty.
Support SLAs are available to all Users covered by a Subscription Term. Support SLAs are not available to Users
on Trial, or any other unpaid user model.
19. Interruption/Suspension
1. Interruption / Suspension of Services:
Service Provider has the right to temporarily suspend access to the whole or any part of the Services for any
reason whatsoever (including but not limited to non-payment of fees as per the Order Form, and
technical/operational reasons) and shall be under no liability to User in such an event. Further, Service
Provider may, but shall not be obliged to, give User notice of any interruption of access to the Service.
2. Termination of Accounts:
The Service Provider may terminate User's usage of the Product, if User breaches the Terms and Conditions.
Service Provider has the right (but not the obligation) to refuse to grant access to Product in case if User is
in violation of the terms and conditions stated herein or in the event if the Subscription as per the Order Form
has been terminated/ expired. Except for the rights and license granted in these terms, Service Provider
reserves all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Product
under the same account, a different account or re-register under a new account. On termination of an account due
to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept
on the Product by such User. All provisions of the Terms of Service, which by their nature should survive
termination,
shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of
liability.
20. Proprietary Rights
The User acknowledges and agrees that the Services contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. Except as expressly authorized by us, User agrees
not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or
in part. User also agrees not to extract the code or reverse-engineer it in anyway. Any attempt at hacking or
unlawful use of the Products can and will invite the maximum prosecution allowable under the law.
21. Disclaimer
The Service (including, without limitation, any content) is provided “as is” and “as available” and is without
warranty of any kind, express or implied, including, but not limited to, the implied warranties of title,
non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course
of performance or usage of trade.
22. Indemnification
The User shall defend, indemnify, and hold harmless the Service Provider, its affiliates/ subsidiaries/joint
venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees,
contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses,
including reasonable attorneys’ fees, that arise from or relate to (i) User's use or misuse of, or access to,
the Services and Product; or (ii) User's violation of the Terms and Conditions; or any applicable law, contract,
policy, regulation or other obligation. Service Provider reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by User, in which event User will assist and
cooperate with Service Provider in connection therewith.
23. Limitation of Liability
To the fullest extent permitted by law, in no event shall Service Provider (including its directors, employees,
agents, sponsors, partners, suppliers, content providers, licensors or resellers,) be liable under contract,
tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for
any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or
consequential damages of any kind whatsoever; (ii) for user's reliance on the services; (iii) for any direct
damages in excess (in the aggregate) of the INR 1000/- (one thousand Indian rupees); and (iv) for any matter
beyond its or their reasonable control, even if service provider has been advised of the possibility of any of
the aforementioned damages.
24. Exemptions to liability of Service Provider
The User further agree and confirm that Service Provider shall not be responsible, in any manner whatsoever, for
any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which
may be caused, directly or indirectly, due to:
a. User's failure to cooperate;
b. User's unavailability and/or unresponsiveness;
c. User's failure to provide accurate and complete information;
d. User's failure to provide or facilitate the submission of User Materials in timely
manner;
e. any event beyond Service Provider’s reasonable control.
f. any query/action of a third-party about a Multi Dwelling Unit (All queries/complaints/
concerns must arise from registered Users of the Multi Dwelling Unit).
25. Dispute Resolution
In the event of any dispute arising out of or in relation to this Terms of Service, the Customer and the Service
Provider shall mutually discuss to resolve the disputes. In the event the dispute is unresolved with mutual
discussion - 1) if the Customer is residing in India, the dispute will be resolved by the Courts of Bangalore,
India. 2) In the event if the Customer is not residing in India, the Dispute will be submitted for Arbitration.
The Customer can choose the venue of Arbitration to be Dubai and such Arbitration shall be governed as per the
rules laid down by Dubai International Financial Centre (DIFC). The language of Arbitration shall be English.
26. Miscellaneous
1. The Terms and Conditions are the entire agreement and understanding between User and Service Provider with
respect to the Services and usage of Product.
2. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full
force and effect and enforceable.
3. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a
waiver of any further rights hereunder.
4. The Terms of Service are personal to User, and are not assignable or transferable by User except with Service
Provider’s prior written consent. Service Provider may assign, transfer or delegate any of its rights and
obligations hereunder without any consent.
5. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of
Service and neither party has any authority of any kind to bind the other in any respect. All notices under the
Terms of Service will be in writing and will be deemed to have been duly given when received, if personally
delivered or sent by certified or registered mail, return
receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days
after it is sent, if sent for next day delivery by recognized overnight delivery service.
27. Contact
If User has any questions regarding the Services or usage of the Product, User can contact Service Provider at
legal@3five8.com
Privacy Policy
Last Updated: February 2021
This Privacy Policy is between 3FIVE8 TECHNOLOGIES PRIVATE LIMITED, (“Service Provider”), and User
(“User”)
governing User's use of the host of Products and Services of the Service Provider (“Product”).
This Privacy Policy constitutes a legal agreement between you, as a user of the platform and the company, as the
provider of the product. You must be a natural person who is at least 18 years of age.
1. Introduction and applicability of the Privacy Policy:
1.1. The Service Provider is strongly committed to respecting User’s online privacy and recognize the need for
appropriate protection and management of any personal information collected and/or collated by us.
1.2. The purpose of this Privacy Policy is to ensure that there is a framework to collect, use and protect any
personal and/or sensitive data collected by us. This Policy defines our procedure for collection, usage,
processing, disclosure and protection of any information obtained by Service Provider through the Platform.
2. Disclaimer:
2.1. Please be advised that any Information (as defined herein below) procured by us, shall be:
a. processed fairly and lawfully for rendering the Services (as defined in Terms of Service);
b. obtained only for specified and lawful purposes, and not be used in any manner which
is against the law or policy in force (“Applicable Law”);
c. adequate, relevant and not excessive in relation to the purpose for which it is required;
d. able to be reviewed by the User, from time to time and updated-if need arises; and
e. not kept longer than for the time which it is required or the purpose for which it is
required or as required by the applicable law.
2.2. By using the Product, User explicitly accepts, without limitation or qualification, the collection, use and
transfer of the data in the manner described herein.
2.3. Please read this privacy policy carefully as it affects User's rights and liabilities under law.
3. User's consent:
3.1. Please note that by providing the Information (as enumerated upon herein below), User provides User's
consent and authorizes Service Provider to collect, use or disclose such Information for the business and
research purposes and as stated in this Privacy Policy, the Terms of Service and as permitted or required by
applicable law. Moreover, the User understands and hereby consents that this Information may be transferred to
any third- party user for the purpose of providing services through the Platform or to any third-party providers
for rendering Services (as defined in the Terms of Service), any jointly developed or marketed services, payment
processing, order fulfilment, customer services, data analysis, information technology services and such other
services which enable Service Provider to provide Services through the Platform.
3.2. This Privacy Policy shall be enforceable in the same manner as any other written agreement. By visiting or
accessing the Platform and voluntarily providing Service Provider with Information (including Personal Data),
User is consenting to Service Provider's use of Information, in accordance with this Privacy Policy. If User do
not agree with this Privacy Policy, User may refuse or withdraw User's consent any time, or alternatively choose
to not provide Service Provider with any Personal Information. Under such circumstance, Service Provider may be
unable to render Services.
3.3. Such an intimation to withdraw User's consent can be sent to legal@3five8.com
The same shall be processed
in accordance to our Data Processing Agreement which is made available at DPA
4. Types of information collected by Service Provider:
4.1. “Personal Data” means and includes any Information that relates to a natural person
through which an individual is identified, such as the name, contact details, email address, gender, age or any
other relevant material provided by a User, including but not limited to information gathered through availing
Services. It shall also cover information of User’s care person details (name, age, gender, mobile number,
relationship with the User).
4.2. “Technical Information” means and includes any Information gathered through various technologies that may
employ cookies, web beacons, or similar technologies to automatically record certain information from User's
device through which User uses the Platform. This technical information may include User's Internet Protocol
(IP) address, device or browser type, Internet service provider (ISP), referring or exit pages, clickstream
data, operating system. This data includes usage information and user statistics.
4.3. “Locational Information” shall mean and include the information obtained through GPS or other means, such
as the geographical location of the User.
4.4. “Non-Personal Information” means and includes any information that does not reveal User's specific
identity, such as, browser information, information collected through Cookies (as defined below), pixel tags and
other technologies, demographic information, etc. As is true with
most websites, Service Provider gathers some information automatically when User visits the Platform. When User
uses the Platform, Service Provider may collect certain information about User's computer or mobile to
facilitate, evaluate and verify User's use of the Platform. For example, Service Provider may store
environmental variables, such as browser type, operating system, speed of the central processing unit (CPU),
referring or exit web pages, click patterns and the internet protocol (IP) address of User's computer. This
information is generally collected in aggregate form, without identifying any user individually. Non-Personal
Information shall also include information which is shared with Service Provider to avail the Services,
including, but not limited to chats with Service Provider’s representatives.
4.5 . The Gatekeeper software application provides an option to the user to upload/delete images for visitor
management service and voice recording/audio files for incident reporting in the software.
(The Personal Data, Technical Information, Locational Information and Non-Personal Information are collectively
referred to as “Information).
5. Purpose of Collection and Usage of this Information:
5.1. The data collected by Service Provider shall be used for maximizing the benefits availed by the User from
the Platform. Limited list of such functions given below:
a. to render Services (as defined in the Terms of Service);
b. maintaining the Platform;
c. to evaluate the quality and competence of our personnel;
d. to resolve any complaints, User may have and ensure that User receives the highest
quality of Services;
e. notifying User about changes to our Platform;
f. allowing User to participate in interactive features of our Platform when User chooses
to do so;
g. providing analysis or valuable information so that Service Provider can improve the
Platform;
h. monitoring the usage of the Platform;
i. detecting, preventing and addressing technical issues.
5.2. Business or Research Purposes: The Information saved and except Personal Data, is used for business or
research purposes, including improving and customizing the Platform for ease of use and the products and
services offered by us. Service Provider may archive this information to use it for future communications for
providing updates and/or surveys.
5.3. Aggregating Information / Anonymized data: Service Provider may aggregate Information and analyse it in a
manner to further accentuate the level of services that Service Provider offers to its customers. This
Information includes average number of Users of the Platform, the average clicks of the services/, the features
used, the response rate, etc. and other such statistics regarding groups or individuals. In doing so, Service
Provider shall not be making disclosures
of any Personal Data as defined above.
6. Disclosure and Sharing of Information
6.1. The Service Provider does not rent, sell or disclose or share any Information that Service Provider
collects from User, with third parties, save and except in order to provide User with the Services in accordance
with the product functionality. In doing so Service Provider adheres to the procedure prescribed by law and in
compliance with our legal obligations. Service Provider may share User's Information in circumstances and for
the purposes as specified hereunder:
a. Service Provider shall share the information to the third-party service providers/ vendors, to provide User
with the Services as per Product Functionality;
b. When compelled by law: Service Provider may disclose any Information provided by User on the Platform as may
be deemed to be necessary or appropriate:
i. under applicable law, including laws outside User's country of residence;
to comply with legal process;
ii. to respond to requests from public and government authorities including public and government authorities outside User's country of residence;
iii. to protect our operations or those of any of our affiliates;
iv. to protect our rights, privacy, safety or property, and/that of our affiliates, User
or others;
v. to allow Service Provider to pursue available remedies or limit the damages
that Service Provider may sustain; or
vi. to protect against legal liability;
vii. to protect the personal safety of Users of the Platform;
c. to prevent or investigate possible wrongdoing in connection with the Platform. Merger or Acquisition: Service
Provider may, upon intimating User in advance, share Information upon merger or acquisition of Service Provider
with another company. Service Provider shall transmit and transfer the Information upon acquisition or merger of
Service Provider with another company;
d. Employees /Agents of Service Provider: Service Provider follows a strict confidentiality policy with regard
to disclosure of confidential information to our employees or other personnel. There may be situations, where
Service Provider may disclose the confidential information only to those of our employees and other personnel on
a need-to-know basis. Any breach of confidential information by the employees, personnel within the Service
Provider is dealt stringently by us.
6.2. Except for the Information disclosed pursuant to sub-clause (a), (b), (c), (d) and (e) of Clause 6.1 above,
Service Provider may share Information, if User authorizes Service Provider to do so.
6.3. The Service Provider does not share Information to any third party other than those specified under this
provision unless User's prior written consent is obtained.
7. Transfer of Information
7.1. The User's information may be transferred to, and maintained on, computers located outside of User's state,
province, country or other governmental jurisdiction where the data protection laws may differ from those from
User’s jurisdiction.
7.2. If User choose to provide information to us, please note that Service Provider may transfer the data
outside User's territory to process the Information. In the event if User need further clarification on the
transfer of the data, please feel free to reach out to us.
7.3. The User's consent to this Privacy Policy followed by User's submission of such information represents
User's agreement to that transfer.
7.4. The Service Provider will take all steps reasonably necessary to ensure that User's data is treated
securely and in accordance with this Privacy Policy and no transfer of User's data will take place to an
organization or a country unless there are adequate controls in place including the security of User's data.
8. User's Rights
The User retains several rights in relation to User's Personal Data as provided under applicable law. These may
include the rights to:
a. access, confirm, and review Personal Data User may have provided;
b. correct Personal Data that may be inaccurate or irrelevant;
c. deletion and erasure of User's Personal Data from the publicly available pages of the Platform;
d. receive Personal Data Service Provider holds about User in a portable format;
e. object to or restrict any form of processing User may not be comfortable with;
In order to exercise these rights, please contact Service Provider on the email address provided in Clause 3.3
above.
9. Applications Used
9.1. The User may be availing our Services for using third party mobile applications, which are not operated by
us. Service Provider strongly advises User to review the privacy policy of every mobile application which User
may use.
9.2. The Service Provider has no control over and assume no responsibility for the content, privacy policies or
practices of any third-party mobile applications or services.
10. Children’s Privacy
If the Service Provider becomes aware that Service Provider has collected Personal Data from children without
verification of parental consent, Service Provider takes steps to remove that information from our servers.
11. Retention of Information
All the Information provided by User, save and except upon withdrawal or termination, shall be retained in
locations outside the direct control of Service Provider (for instance, on servers or databases co-located with
hosting providers). However, Service Provider may retain such portion of Information and for such periods as may
be required under Applicable Law. Notwithstanding anything contained herein, Service Provider may retain data
after account deletion for reasons including but limited to the following purposes: If there is an unresolved
issue relating to User's account, or an unresolved claim or dispute; If Service Provider is required to by
applicable law; and/or in aggregated and/or anonymized form; or Service Provider may also retain certain
information if necessary for its legitimate business interests, such as fraud prevention and enhancing Users'
safety and security.
12. Cookies and other Tracking Technologies
12.1. Our Platform may utilize “cookies” and other Technical Information. “Cookies” are a small
text file consisting of alphanumeric numbers used to collect the Information about Platform activity. The
Technical Information helps Service Provider analyse web traffic and helps User by customizing the Platform to
User's preferences. Cookies in no way gives Service Provider access to User's computer or mobile device. In
relation to Cookies, User can deny access to the installation of the Cookies by modifying the settings on User's
web browser, however, this may prevent User from taking full advantage of the Platform.
12.2. The use of Cookies and Technical Information allows Service Provider to improve Platform and User's
experience of Platform and Services. Service Provider may also analyse Technical Information that does not
contain Personal Data for trends and statistics.
Opt in to Analytics Cookies
This will help us make your website experience and our service offerings better.
13. Third Party Services
The Service Provider may send User promotional Information about third parties which, Service Provider think
User may find interesting. Service Provider shall not be responsible for any disclosure of Information by User
or due to unauthorized third-party access or other acts of third parties or acts or omissions beyond our
reasonable control and User agrees that User will not hold Service Provider responsible for any breach of
security unless such breach has been caused as a direct result of our negligence or wilful default.
14. Data Security
The Service Provider uses certain physical, managerial, technical or operational safeguards as per industry
standards and established best practices to protect the Information Service Provider collects. The Service
Provider uses reasonable security practices and procedures and uses secure servers as mandated under applicable
laws for the protection of User's Information. Service Provider reviews the Information collection, storage, and
processing practices, including physical security measures to guard against unauthorized access to systems.
However, as effective as these measures are, no security system is impenetrable. Service Provider cannot
guarantee the security of the database, nor can Service Provider guarantee that the Information User supplies
will not be intercepted while being transmitted to Service Provider over the internet. User accepts the inherent
security implications of data transmission over the internet and the internet cannot always be guaranteed as
completely secure. Therefore, User's use of the Platform will be at User's own risk. If User has any concerns,
please feel free to contact Service Provider at the details given in clause 3.3.
15. Changes and updates to Policy
The Service Provider may modify or revise the Privacy Policy from time to time and shall accordingly notify User
of any changes to the Privacy Policy by posting the revised Privacy Policy on the Platform with an updated date
of revision. Service Provider shall endeavour to review, revise, update, modify, amend or correct the Privacy
Policy on a regular and routine basis, especially whenever a significant update is made to the technology
employed. User must periodically review the Privacy Policy for the latest information on Service Provider’s
privacy practices. In the event User continues to use the Platform and Services after any update in the Privacy
Policy, User's use of the Platform shall be subject to such updated privacy policy.
16. Contact
6.1. Please feel free to reach out to Service Provider by e-mail at legal@3five8.com
in case of any concerns,
grievances, or questions relating to our privacy or data related practices.
17. Miscellaneous
The invalidity or unenforceability of any part of this Privacy Policy shall not prejudice or affect the validity
or enforceability of the remainder of this Privacy Policy. This Privacy Policy does not apply to any information
other than the information collected by Service Provider through the Platform. This Privacy Policy shall be
inapplicable to any unsolicited information User provides Service Provider through the Platform or through any
other means. All unsolicited information shall be deemed to be non-confidential and Service Provider shall be
free to use and/ or disclose such unsolicited information without any limitations. The rights and remedies
available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of
rights or remedies provided by law. Rights under this Policy may be waived only in writing. Delay in exercising
or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other
right or remedy.
18. User's acceptance of this Privacy Policy
By using or visiting this Platform, user signifies user's agreement of this policy. If User does not agree to
any of these terms, the User is advised to not use this platform or services.
DATA PROCESSING AGREEMENT
Last Updated: February 2021
This Data Processing Agreement (“DPA”) is to be read in conjunction with the Terms of Subscription which
is available at (“Agreement”).
This Data Processing Agreement (“DPA”>) is between 3FIVE8 TECHNOLOGIES PRIVATE LIMITED, (“Service
Provider”), and
you (“Customer”) governing your use of the host of Products and Services of the Service Provider
(“Product”).
The Customer and Service Provider are individually referred to as “Party” and collectively as
“Parties”.
WHEREAS:
1. The Service Provider is in the business of providing information technology services and other allied
services, and provides a comprehensive management system for residential and commercial properties.
2. The Customer is availing Services from Service Provider’s platform as specified in the Order Form
(“Product”). While rendering Services, the Product of the Service Provider shall process Personal Data (as
defined herein) provided by the Customer.
3. As per data protection laws of certain jurisdiction, there must be a contract between a data controller and a
data processor containing certain provisions regarding the processing of personal data.
THE PARTIES AGREE TO THE FOLLOWING:
1. Introduction
1.1. This DPA forms an integral part of the Agreement, and all engagement letters, documents, addenda, schedules
and exhibits incorporated therein and all communications sent in connection therewith; and
1.2. This DPA amends and replaces any provisions in the Agreement that conflict with the terms of this DPA,
provided that, unless expressly stated otherwise in this DPA, nothing in this DPA shall change either party’s
exclusions and limitations of liability under the Agreement and all provisions relating to liability and
indemnities set out in the remainder of the Agreement shall continue to apply notwithstanding this DPA coming
into effect.
2. Definitions
2.1. Affiliate means, with respect to a party, an entity that (directly or indirectly) controls, is controlled
by or is under common control with, such party, where control refers to the power to direct or cause the
direction of the management policies of another entity, whether through ownership of voting securities, by
contract or otherwise.
2.2. Data Controller means the entity which, alone or jointly with others, determines the purposes and means of
the Processing of Personal Data and in this DPA shall refer to the Customer.
2.3. Data Protection Laws means all laws and regulations applicable to the Processing of Personal Data under the
Agreement and, other laws and regulations of relating to data protection.
2.4. Data Subject means the individual to whom Personal Data relates.
2.5. Data Subject Request means a Data Subject's request to exercise that person's rights under Data Protection
Laws in respect of that person's Personal Data, including, without limitation, the right to access, correct,
amend, transfer, obtain a copy of, object to the processing of, block or delete such Personal Data.
2.6. Personal Data means any information relating to an identified or identifiable natural person made available
to Service Provider in connection with the Services; an identifiable natural person (Data Subject), is one who
can be identified, directly or indirectly, in particular by reference to an identification number or to one or
more factors specific to the physical, physiological, mental, economic, cultural or social identity of that
natural person. Personal Data shall refer to the Personal Data shared by the Customer to the Service Provider
for the purpose of availing Services.
2.7. Processing or Process means any operation or set of operations which is performed by or on behalf of
Service Provider as part of the Services upon Personal Data, whether or not by automatic means, such as
collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure
by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or
destruction.
2.8. Data Processor means the entity which Processes Personal Data on behalf of the Controller and in this DPA
shall refer to the Service Provider.
2.9. Security Incident means any personal data breach or other incident that has resulted, or is reasonably
likely to result, in any accidental, unauthorised or unlawful destruction, loss, alteration, disclosure of,
access to or encryption of (a) Personal Data or (b) other information under Service Provider's control where
such incident has the potential to harm Customer's business, Customers, employees, systems or reputation.
2.10. Subcontractor means a third-party subcontractor engaged by or on behalf of Data Processor that will
Process Personal Data as part of the performance of the Services.
3. Roles of Parties
The Parties acknowledge and agree that in relation to this DPA, Customer shall be the Data Controller and
Service Provider shall be the Data Processor. While this Agreement proceeds to elaborates on the Role of the
Data Processor, the Data Controller agrees to be compliant with its obligations with regard to receiving and
continuing to keep the consent of the Data Subjects for the purpose of Data Processing and Storage, as well as
all other obligations under applicable laws for Personal Data Privacy.
4. Service Provider's Processing of Personal Data
4.1. The Service Provider agrees to Process Personal Data only on Customer's behalf and in accordance with
Customer's written instructions or for the performance of the Services as per the Order Form and shall treat
Personal Data as Confidential Information subject to the confidentiality provisions of the Agreement. Customer
shall instruct Service Provider to Process Personal Data in accordance with the Agreement and to comply with
Customer's other reasonable instructions (e.g., via email) where such instructions are consistent with the
Agreement.
4.2. The Service Provider shall inform Customer within reasonable time, if, in Service Provider's reasonable
opinion, Service Provider believes that any instruction given by Customer infringes Data Protection Laws.
4.3. The Service Provider's Processing of Personal Data shall comply with its obligations under Data Protection
Laws and Service Provider shall not perform the Services in a manner that causes Customer to violate Data
Protection Laws.
5. Purpose, Categories of Personal Data, and Data Subjects
The purpose of Processing of Personal Data by Service Provider is the performance of the Services pursuant to
the Agreement.
6. Ownership
All Personal Data supplied by the Customer to the Service Provider shall at all times remain the property of the
Customer. Nothing contained in this DPA shall vest the ownership in any Personal Data shared to the Service
Provider.
7. Limitation on Disclosure
Other than as expressly permitted by the Agreement or required by law, Service Provider shall not disclose
Personal Data to any third parties without Customer's prior consent.
8. Data Subject Rights, Other Complaints and Requests
Data Subject Requests
8.1. The Service Provider shall, to the extent permitted by law, promptly notify Customer upon receipt of a Data
Subject request. Service Provider shall not respond to any such Data Subject’s request without Customer's prior
written instructions.
8.2. The Service Provider shall provide such assistance and take such action as Customer may reasonably request
(including assistance by appropriate technical and organisational measures) to allow Service Provider to fulfil
its obligations to Customers or under Data Protection Laws in respect of Data Subject Requests, including,
without limitation, meeting any deadlines
imposed by such obligations.
Other Complaints and Requests
8.3. The Service Provider shall, to the extent permitted by law, promptly notify Customer upon receipt of any
complaint or request) relating to (a) Customer's obligations under Data Protection Laws; or (b) Personal Data.
In the event if the Customer fails to comply with the instructions of the statutory authorities/regulatory
bodies and Service Provider, by written order of such regulatory bodies/statutory authority has been instructed
to share the Personal Data, Service Provider shall have the right to share Personal Data to the extent required
to comply with such written orders of regulatory bodies or statutory authorities.
8.4. The Service Provider shall promptly provide such co-operation and assistance as Customer may request in
relation to such complaint or request.
9. Service Provider Personnel
The Service Provider shall ensure that its personnel engaged in Processing of Personal Data are informed of the
confidential nature of the Personal Data, have received appropriate training on their responsibilities and have
executed written confidentiality agreements in respect of the Personal Data that survive termination of the
personnel engagement.
10. Subcontractors
10.1. Appointment of Subcontractors
The Service Provider shall not authorise a Subcontractor to process Personal Data without the prior consent of
Customer.
10.2. Responsibility for Subcontractors
The Service Provider shall be responsible and liable for the acts, omissions or defaults of its Subcontractors
in the performance of obligations under this DPA or otherwise as if they were Service Provider's own acts,
omissions or defaults.
11. Security
11.1. The Service Provider shall take appropriate technical and organisational measures to ensure the
confidentiality, integrity, availability and resilience of Service Provider systems used for Processing Personal
Data and protect against the unlawful destruction, loss, alteration, unauthorised
disclosure of or access to Personal Data transmitted, stored or otherwise Processed.
11.2. The Customer shall implement appropriate technical and organisational measures, which are designed to
ensure that:
a. It complies with all applicable laws for the time being in force;
b. the data protection principles as per Data Protection Laws are implemented; and
c. risks to the rights and freedoms of data subjects are minimised.
12. Security Breach Management and Notification of Breach
The Service Provider shall:
12.1. notify Customer within seventy-two (72) hours from becoming aware of the occurrence of
any incident which has resulted, or is reasonably likely to result, in a breach of security, including any
accidental or unlawful loss, theft, deletion, disclosure or corruption of Personal Data and/or any unauthorised
use or access to Personal Data (“Security Incident”);
12.2. provide all cooperation and information reasonably requested by Customer in respect of a Security
Incident, including, as soon as possible following, and in any event within 48 hours of, the detection of the
Security Incident by Service Provider:
i. full details of the Security Incident, including the categories and approximate number of Data Subjects
concerned;
ii. full details of the Personal Data compromised, including the categories and approximate number of Personal
Data records concerned;
iii. where known, details of the likely consequences of the Security Incident;
iv. full details of how the Security Incident is being investigated and mitigation and remedial steps already
put in place and to be put in place;
v. whether any regulatory authority, the data subjects themselves and/or the media have been informed or is
otherwise already aware of the Security Incident, and their response.
13. Audit Rights
Service Provider shall make available to the Customer, on request, all information necessary to demonstrate
compliance with this DPA, and shall allow for and contribute to audits, including inspections, by the Customer
or an auditor mandated by the Customer in relation to the
Processing of the Personal Data by the Service Provider.
14. Notification
Either Party undertakes to notify the other Party immediately upon receiving any complaint, notice or
communication from an individual, supervisory, regulatory or government body which relates directly or
indirectly to the processing of the Personal Data.
15. Deletion or Return of Personal Data
Upon termination or expiry of the Subscription, Service Provider shall, in accordance with the terms of the
Subscription, delete or make available to the Customer for retrieval all relevant Personal Data and any copies
made thereof which is in Service Provider’s possession, save to the extent that the Service Provider is required
to retain all or any part thereof under any applicable laws for the time being in force.
16. Liability
The Parties agree that the limitation of liability set out in the Agreement will apply to any liability arising
out of violation of the provisions of the DPA by either Party and also to either Party's liability to Data
Subjects under the third-party beneficiary provisions of the Standard Contractual Clauses to the extent
limitation of such rights is prohibited by Data Protection Laws.
17. Term
This DPA shall commence from the Effective Date specified in the Order Form and shall remain valid till the
expiry or termination of the Subscription as per the termination clause provided in the Terms of Subscription.
18. General Provisions
18.1. Dispute Resolution: This DPA shall follow the dispute resolution mechanism as specified in the
Agreement.
18.2. Severability: If any provision of this DPA is, for any reason, held to be invalid or unenforceable,
the
other provisions of this DPA (as the case may be) will be unimpaired and the invalid or unenforceable provision
will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
18.3. Notices: All Notices, consents and other communication under this DPA shall be in writing and shall
be
sent by (i) registered mail; (ii) personal delivery; (iii) courier to the respective Parties at the addresses
set forth herein; or (iv) email to legal@3five.com . Any Notice given in accordance with point (i) or (iii)
above, shall be deemed to have been given two (2) working days after having been mailed; and same day if given
in accordance with point
(ii) or (iv).
18.4. Waiver: No waiver, express or implied, of any term, condition or provision hereof by either
Party shall be deemed or construed to be a waiver of any other term, covenant, condition or provision hereof or
be deemed or construed to constitute, a like waiver with respect to any future requirement of performance under
such terms, covenants, condition or provision.
18.5. Entire Agreement: The DPA is the final, complete and exclusive agreement of the parties with
respect to
the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to
such subject matters. No modification of or amendment to this DPA, or any waiver of any rights under this DPA,
will be effective unless accepted by both Parties.
ADDA Payment Gateway Integration Terms & Conditions
Release Date: 10-June-2017
3Five8 Technologies integrates in its Products various Payment Gateways provided by Third Party Payment Gateway Companies or Banks. The usage of the Payment Gateway integrated with the 3Five8 Technologies Products is subject to the following Payment Gateway Terms.
DEFINITIONS
"3Five8 Technologies", "We" represent the "Service Provider" and are interchangeable. It also represents any subsidiary company of 3Five8 Technologies Pvt. Ltd.
"Products" imply all offerings of 3Five8 Technologies, that are SaaS (Software as a Service) Products including but not limited to the Portals: apartmentadda.com, adda.io, addagatekeeper.io and the Mobile Apps: ADDA, ADDA Admin, ADDA GateKeeper.
"Association" and "Society" are used interchangeably. This Term can also be used to indicate Property Builder, Facility Management Company, or any organisation authorised by Payers to collect from them.
“APGI” shall mean ADDA Payment Gateway Integration, and will imply all screens on the Products of 3Five8 Technologies where Online Payment functionality is made available.
"APGI User" means any person holding a Valid Credit Card/Debit card/Net Banking Account and who desires to pay the Association for the Services listed by the Association on the Products of 3Five8 Technologies, and makes payment for the same over the Internet on any of the 3Five8 Technologies’ Products using a Valid Credit Card/Debit Card/NetBanking Account.
“Issuing Bank” in respect of a APGI User, means the bank which has issued the Valid Credit Card to the APGI User with which APGI User makes the payment.
“Service” exclusively means any service that the Association offers to provide / has provided to the APGI User, the payment for which is being made by the APGI User.
“Card Associations” shall mean and include Master Card, Visa, Diners, American Express etc. which authorizes and enables credit card transactions.
3Five8 Technologies integrates Payment Gateway in its Products, and makes it available for the collection of Dues by Associations subscribing to its Products on the Software as a Service model.
The APGI User utilises the APGI upon agreement with the below Terms. While the Terms apply to every APGI User, it is of utmost importance for the Association to understand and agree to these Terms before Activation of the APGI.
PAYMENT GATEWAY TERMS
1. DESCRIPTION OF SERVICE
3Five8 Technologies has integrated third-party Payment Gateway(s) which can be availed by Associations for collecting Dues from its Owners/Tenants/Vendors. For this utility, 3Five8 Technologies plays the role of an Online Collection Agent for the Associations.
2. COVENANTS OF THE ASSOCIATION
2.1. The Association shall ensure that all charges levied against the APGI User is valid and is meant to be collected using the “APGI”. It will also maintain relevant Documentations (e.g., Bye-Laws, Membership Details ) to substantiate all charges levied against the APGI User.
2.2. The Association shall not input Credit/Debit Card or NetBanking Data on the APGI themselves or by the staff, on behalf of the APGI User.
2.3. 3Five8 Technologies will not be a party to any Agreement between the Association and the APGI Users – whatsoever. All agreements will be between the Association and the APGI Users.
2.4. The Association shall ensure that all licenses and registrations required by the Association are in full force and effect to enable the Association to collect relevant charges/taxes from the APGI User.
2.5. The Association assures and guarantees to the 3Five8 Technologies, the Card Associations, Acquiring Banks, Facility Providers that the Association shall comply with all rules, byelaws and standards set by the Card Associations, Acquiring Banks, the Facility Providers and further assures and guarantees that the following products and services shall not be sold to the APGI Users using the APGI- 1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature,imagery and other media); escort or prostitution services 2) Alcohol which includes Alcohol or alcoholic beverages such as beer,liquor, wine, or champagne 3) Body parts which includes organs or other body parts 4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam) 5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free 6) Child pornography which includes pornographic materials involving minors 7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection 8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials 9)Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials including OEM or bundled software 10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods 11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms 12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items 13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction 14) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content 15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles 16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property 17) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts 18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes 19) Offensive goods which include literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred. 20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals 21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner 22) Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances 23) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications 24) Securities which includes stocks, bonds, or related financial products 25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products 26) Traffic devices which includes radar detectors jammers, license plate covers, traffic signal changers, and related products 27) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments 28) Wholesale currency which includes discounted currencies or currency exchanges 29) Live animals 30) Multi Level Marketing collection fees 31) Matrix sites or sites using a matrix scheme approach 32) Work-at-home information 33) Drop-shipped merchandise 34) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of the Country where the Association belongs.
The Association further confirms, undertakes and assures 3Five8 Technologies, the Card Associations, the Acquiring banks and the facility providers that in the event of violation of any of the byelaws and Standards of the Card Associations, Acquiring Banks, Facility Providers and 3Five8 Technologies by the Association AND any penalty imposed by the Card Associations, Acquiring Banks, Facility Providers on 3Five8 Technologies for any violation for any reason whatsoever, the Association shall on receipt of the claim from 3Five8 Technologies undertakes forthwith without any demur, protest, dispute or delay, to pay to 3Five8 Technologies the amount of the penalty / fine imposed by the Card Associations, AcquiringBanks, Facility Providers on 3Five8 Technologies.
3. DISPUTES REGARDING SERVICES
3Five8 Technologies, the facility providers and the Acquiring Banks shall not be responsible for the quality of Services to the APGI User. (Services imply those provided by Association to the APGI User. Please refer to Definitions for details). 3Five8 Technologies, the facility providers and the Acquiring Banks shall also not be responsible for any non-delivery of the Services to the APGI User. Provided that any and all disputes regarding quality, non-delivery and delay in delivery of the Service or otherwise will be dealt with by and between the Association and the APGI User directly and 3Five8 Technologies, the facility providers and the Acquiring Banks shall not be a party to such disputes.
4. INDEMNITY
The Association hereby undertakes and agrees to indemnify 3Five8 Technologies, the Facility Providers and the Acquiring Banks and hold 3Five8 Technologies, the Facility Providers and the Acquiring Banks harmless and keep 3Five8 Technologies, the Facility Providers and the Acquiring Banks at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of 3Five8 Technologies, the Facility Providers and the Acquiring Banks on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising directly or indirectly as a result of:
a) any breach or non-performance by the Association of any of the Association’s undertakings, warranties,covenants, declarations or obligations under this Agreement; or
b) any claim or proceeding brought by the APGI User or any other person against 3Five8 Technologies, the Facility Providers and the Acquiring Banks in respect of any services offered by the Association; or
c) any act, neglect or default of the Association’s agents, employees, licensees or APGI Users; or
d) any loss or liability arising to 3Five8 Technologies or the Acquiring Banks or the Facility Providers Banks in respect of any services offered by the Association; or
e) any claim by any other party against 3Five8 Technologies, the Facility Providers and the Acquiring Banks arising from sub-clause (a), (b),(c) or (d) above.
Example of specific situations could result in a charge back claim.
a) The APGI User moves out of the Residential Complex, the Move-Out fee is levied on the APGI User. The APGI User makes payment using his credit card, and later claims to the Credit Card company, claiming it to be an incorrect Payment. In this situation, the responsibility rests with the Association to have adequate documentation, to prove that the APGI User was a Member of the Association, as well as Bye-Laws that substantiate charging of the Move-Out Fee. In absence of such substantiations, or upon non-acceptance of any such substantiation by the Acquiring Bank, Credit Card company or Card Associations, any resulting charge back (cancellation of the payment by the credit card) has to be refunded by the Association.
b) The APGI User uses a stolen Credit Card to make a Payment. The Credit Card company will later cancel all these payments, which must promptly be refunded by the Association.
(2)The indemnities under this Article are in addition to and without prejudice to the indemnities given elsewhere in this Payment Gateway Terms and all the indemnities provided herein shall survive the termination of the Subscription Agreement.
5. NO WARRANTY
(1) 3Five8 Technologies, the Acquiring Banks and the Facility Providers disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose. The Association acknowledges that the 3Five8 Technologies, the Facility Providers and the Acquiring Bank’s services may not be uninterrupted or error free. The Association also acknowledges that the services provided by the Acquiring banks and the facility providers to 3Five8 Technologies which is passed on to the Association under the APGI agreement, can be in any event be brought to an abrupt end in any event whatsoever by any of the acquiring banks or the facility providers for any reason whatsoever.
2) 3Five8 Technologies’ sole obligation and the Association’s sole and exclusive remedy in the event of interruption to the Services or loss of use and/or access to the Products of 3Five8 Technologies, the facility Providers facilities and the Acquiring Bank’s Payment Mechanism and services, shall be to use all reasonable endeavors to restore the Services and/or access to the Payment Mechanism as soon as reasonably possible.
Without prejudice to any other provision of this Agreement, 3Five8 Technologies, the Facility Providers and the Acquiring Banks does not warrant that: - a. The Products of 3Five8 Technologies, the facility providers facilities and the Acquiring Bank’s Payment Mechanism will be provided uninterrupted or free from errors or that any identified defect will be corrected; or
b. is free from any virus or other malicious, destructive or corrupting code, program or macro; or
(3) For the avoidance of doubt, in no event shall 3Five8 Technologies, the Facility Providers and the Acquiring Banks be liable to the Association or any other third party for any of the following: a. amounts due from APGI User in connection with any service obtained by the APGI User from the Association; b. any applicable taxes and Government levies;
6. TRANSACTION LIMITS
3Five8 Technologies, the Facility Providers and the Acquiring Banks reserves the right to impose limits on the number of purchases which may be charged on an individual credit card account during any time period, and reserves the right to refuse to make payments in respect of transactions exceeding such limit or from APGI Users with a prior history of questionable charges.
7. TERMINATION
a) Termination for Breach.
3Five8 Technologies may terminate the APGI Agreement with prior written notice to the Association of at least 30 days if the Association commits any breach of the terms of this Agreement.
b) Termination in Case of Violation of Law.
In addition to any other termination rights granted by this Terms of Service, 3Five8 Technologies may terminate the Agreement immediately without liability upon verbal or written notice if (i) 3Five8 Technologies or the Facility Providers or the Acquiring Banks is notified or otherwise determines in good faith that the Association is using the APGI in furtherance of any activity which violates any law, rule, or regulation or (ii) 3Five8 Technologies, the Acquiring Banks or the Facility Providers or any of their directors, officers, stockholders, employees or agents are made the subject of a criminal or civil action or investigation or are threatened by such action as a consequence of use of the APGI by the Association.
c) Termination by notice
In addition to any other termination rights granted under this Terms of Service, either Party may terminate this Agreement on 30 days written notice to the other.