For the purpose of this Agreement, the term, “Personal Information” shall mean and include, without limitation, personal details such as name, age, address, and employment details; provided that such Personal Information shall not include passwords, details of bank account, credit card, or debit card or other details of payment instrument (collectively, “Financial Information”) as may be obtained from you for facilitating online payments during your usage of the website.
Upon signing up to your account, you will be considered as administrator of the account and will be deemed to have authority to provide your personal details, payment details through payment gateway, and authorise SOE to use these information to provide you access to and activate and use SOE’s bots. 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 SOE immediately of any unauthorized use of your account or any other breach of security. SOE 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 SOE or another party due to unauthorized use of your account.
DATA PRIVACY AND CONFIDENTIAL INFORMATION
Personal Information submitted by you on or through this website and other information collected from you for the purpose of providing access to Workplace/Slack/Microsoft Teams shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of maximum three (3) years. Your Personal Information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws. Currently, the data center is hosted with AWS in Singapore Region.
SOE may use your Personal Information or share such Personal Information with its affiliated entities or other third parties, for the following purposes.
To obtain vital statistics regarding your usages of the website, enhance your experience, and increase the efficiency of the website and conduct surveys;
For the purposes of software verification or administering software and user interface upgrades;
For processing, archival or creating backup of data;
SECURITY OF PERSONAL INFORMATION & WARRANTIES
The website is committed to protect the security of your Personal Information and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the website shall not be liable for retaining your Personal Information beyond a period of three (3) months from the date of deactivation of your account for any reasons whatsoever.
SOE shall implement appropriate technical and organizational measures such as pseudonymisation and encryption of personal data; and shall ensure regular testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
Notwithstanding anything provided in this Agreement, SOE does not guarantee that your Personal Information will be absolutely protected at all times. website's systems and the communications networks through which you access the website may be subject to security breaches and failures due to circumstances beyond the reasonable control of SOE. These may include computer “hacking”, inadvertent manifestation of malware, ransom ware, data theft among others. In such situations, SOE will try to rectify the problems at the earliest feasible time. The Users hereby acknowledge and understand that all Personal Information provided to or through the website is with their cognizance and informed consent and solely at their own risk.
SOE will ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
The website, bots and all the information, images, logos, trade names, domain names, service marks and other materials on this website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the website (collectively, “Intellectual Property”) are the exclusive intellectual property of SOE and are subject to protection by intellectual property laws of India and other jurisdictions to which it may extend. SOE’s Intellectual Property shall not be used in connection with any purpose other than performing activities on Workplace/Slack/Microsoft Teams and matters incidental thereto. Unless otherwise specified, the website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the bots and/or the website. Any unauthorized use of SOE’s Intellectual Property, except as mentioned above, shall be violation of copyright, trademark, and/or other intellectual laws of India and other relevant jurisdictions.
INTERNATIONAL TRANSFER OF DATA
In the process of providing access to you, website may transfer Personal Information that it collects from you to affiliated entities or other third parties across borders on need to know basis with an obligation to maintain Your Personal Information confidential for the limited purpose of upkeeping and maintaining the bots and the website. By using this website and the bots, you hereby consent to transfer of your Personal Information across countries or jurisdictions which shall abide by the rules governing such international data transfers.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SOE, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to this website and bots; (b) your violation of any term of this Agreement; (c) violation of any of the Intellectual Property Rights of SOE. The indemnification obligation will survive the termination of this Agreement.
LIMITATION OF LIABILITY
SOE does not control or endorse the content, messages or information shared or exchanged on Workplace/Slack/Microsoft Teams and, therefore, it specifically disclaims any liability with regard to communications and activities performed on Workplace/Slack/Microsoft Teams. Neither SOE nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the website including, but not limited to: (a) damages caused by defamatory, offensive, or illegal actions on Workplace/Slack/Microsoft Teams; (b) damages caused by viruses, malfunctions, or harmful components accessed through the website, and (c) damages for lost profits, loss of data, loss of opportunity, or other intangibles, whether foreseeable or unforeseeable. The liabilities of SOE under this Agreement for any damages caused to you on account of data theft, security breaches, loss of data shall be limited to 100 USD. Further, SOE shall not be responsible for the contents of any linked website, payment gateway service provider, or any link contained on its website, or any changes or updates to such websites.
The use of the website shall be exclusively governed by the laws of India and the courts in Mumbai, Maharashtra shall have the exclusive jurisdiction over such matters. SOE hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
Any dispute arising out of or in connection with this Agreement, including, inter alia, any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 and the rules made thereunder. The decision of the majority of the arbitrators shall be final and binding on the parties. The venue of the arbitration shall be Mumbai, India.
If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement.