Terms of Service
last revised 04/21/2021
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The software Report Pundit is the property of Dayspring Technologies Private Limited.
· Dayspring Technologies Private Limited is Company incorporated under the Companies Act, 1956.
· With its Registered Office in 17, 1st Cross, Yellappa Garden, Banagirinagar, BSK 3rd Stage, Bangalore – 560085
The use of this software by you is solely governed by this policy and any policy or agreement so mentioned by this Terms of Service. You have read and agreed to all of the policies so binding in you and you are contracting with Dayspring Technologies Private Limited and have undertaken binding obligations with Dayspring Technologies Private Limited.
For the purpose of these Terms of Service, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Software by providing Registration Data while registering for the software. The contract provides services only with registration and does absolve You of this contractual relationship. The term “We”, “Us”, “Our” shall mean Dayspring Technologies Private Limited.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this software, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the software following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Software.
The membership of this software is available only to those who are Competent to Contract according to the laws of the nations to which the user’s belong, which inter alia include insolvents and the same is not allowed to minors as described by Acts/laws of the respective user’s nationality. If You are a minor and wish to use the software, you may do so through your legal guardian and Dayspring Technologies Private Limited reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site.
The use of this software is not limited to those above the age of 18 only and is allowed to all barring those ‘Incompetent to Contract’ which inter alia include insolvents under the Contract Act of the respective user’s nationality.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or Dayspring Technologies Private Limited has reasonable reasons to believe you have done so, We hold the rights to permanently suspend your account.
The services that Dayspring Technologies Private Limited provides to you are subject to the following Terms of Service. Dayspring reserves the right to update the Terms of Service at any time without notice to you. The most current version of the Terms of Service can be reviewed by clicking on the “Terms of Service” hypertext link provided in the website.
The membership of this software is based on monthly subscription fee. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are intimidated to you.
You are a restricted user of this software.
5.1 You are bound not to distribute, modify, recreate, reverse engineer, distribute, create derivative works from, transfer, or sell any information of the software obtained from us. With our prior permission limited use may be allowed for the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Software is not permitted.
5.2 You agree not to access (or attempt to access) the Software and/or the materials or Services by any means other than through the interface that is provided by the software. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Software or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Software, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Software. You acknowledge and agree that by accessing or using the Software or Services, You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Software. Further, you may report such offensive content.
5.3 The users are allowed to install the software and use it on a month to month basis.
You shall not engage in advertising to, or solicitation of, the Software to buy or sell the software, including, but not limited to, products or services related to that being displayed on the Software or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users regarding the Software. It shall be a violation of these Terms of Service to use any information obtained from the Software in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.
We have no obligation, to monitor the usage of the Software. We shall have the right to cancel the membership of the users if it is found to be against the applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, you remain solely responsible for the usage of the software.
6. Software Availability
Any software that is made available to install from the Services (“Software”) is the copyrighted work of Dayspring and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this web site, are licensed to you by the third parties that own such code, not by Dayspring Technologies Limited.
The Software is made available for installation solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
You should have access to a Windows or Mac PC with a supported browser like Chrome, Microsoft Edge, Firefox or Safari (latest version).
8. Third Party Software
We do not provide facilities to download, nor provide access to, any third party software along with our software or through our website.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The software, services and other materials are provided by this software is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we makes no warranty that
(i) Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
(ii) Materials, information obtained and results will be effective, accurate or reliable;
(iii) Any errors or defects in the software or services can be notified to dayspring at firstname.lastname@example.org.
The user understands and agrees that any material or data downloaded or otherwise obtained through the software is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
If any of the services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Dayspring immediately of any unauthorized use of your account or any other breach of security. Dayspring will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Dayspring or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You agree to indemnify, defend and hold harmless to this software including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the software, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
In no event shall we, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the software, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
You acknowledge that the Services, Software, and Materials are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Software or Materials. Buyer shall comply with all the applicable laws to which he belongs to or to the country where he has his citizenship, if the buyer is from India then the applicable laws to which his (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the software.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two step Alternate Dispute Resolution mechanism.
13.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. However, the parties in good faith will attempt to bind by the decision.
13.2 Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of Karnataka.
This Agreement shall be governed in all respects by the laws of the India and courts of Bengaluru, India shall have exclusive jurisdiction with respect any cause action arising out of this Agreement.
14. Data Provided by Us
14.1 We take utmost care to ensure that data provided at our Software is true and accurate. Sometimes, system errors creep in and data generated by other Users may be false. We are not responsible for any such error or inaccuracy in the data.
14.2 We are not in any way liable to You, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, IP and copyrights and trademark infringement, breach of laws, etc.
At any point of time if you feel that the software does not serve to the best of your purpose, you can immediately terminate from the service and suspend all portion of your account. Termination of your account may include: (a) removal of access to all offerings within the Services; (b) deletion of Your Material and Account Information, including your personal information, log-in ID and password, and all related information, files, and Materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Services.
We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site. We are no way liable to the misuse of the software by you.