icon TABLE OF CONTENTS
  1. TERMS OF SERVICE AGREEMENT -INDIA
  2. Products Terms Of Offer
  3. Website Content; Intellectual Property; Third-Party Links
  4. DISCLAIMER OF WARRANTIES
  5. Limitation Of Liability
  6. Indemnification
  7. Privacy
  8. Agreement To Be Bound
  9. Generalforce Majeure

1. TERMS OF SERVICE AGREEMENT -INDIA

READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, infabook.com (the "Website"), owned and operated by Infadale Infotech Pvt Ltd ("Infadale Infotech"), offering cloud-based accounting and distribution management software for inventory management, invoice and billing, purchase and sales, and includes a sales app (collectively referred to as "Products"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Infadale Infotech reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Infadale Infotech will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Infadale Infotech encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Infadale Infotech for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

2. Products Terms Of Offer

This Website offers for sale the cloud-based accounting and distribution management software for inventory management, invoice and billing, purchase and sales, along with a sales app (collectively referred to as the "Products"). By accessing or using the Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation

Unless you notify our third-party call center representatives or direct Infadale Infotech sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Infadale Infotech and its designated in-house or third-party call team(s).

Opt-Out Procedure

We provide 3 easy ways to opt out of future solicitations:

  1. You may use the opt-out link found in any email solicitation that you may receive.
  2. You may also choose to opt out by sending your email address to:support@infabook.com
  3. You may send a written removal request to Infadale Infotech Pvt Ltd, Arumanoorkada, Poovar P.O, Thiruvananthapuram 695525, Kerala.

Proprietary Rights

Infadale Infotech holds proprietary rights and trade secrets in the Products, which include the cloud-based accounting and distribution management software and sales app. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by Infadale Infotech. Infadale Infotech also holds rights to all trademarks, trade dress, and specific layouts of this webpage, including calls to action, text placement, images, and other information.

Sales Tax

If you purchase any Products, you will be responsible for paying any applicable sales tax.

3. Website Content; Intellectual Property; Third-Party Links.

In addition to making the Products available, this Website also offers information and marketing materials. This Website also provides information, both directly and through indirect links to third-party websites, about the cloud-based accounting and distribution management software for inventory management, invoice and billing, purchase and sales, and the sales app. Infadale Infotech does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Infadale Infotech does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Infadale Infotech does not endorse the contents of any such third-party websites. Infadale Infotech is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use Of Website; Security

Infadale Infotech is committed to ensuring the security and protection of customer information and data. You will not use the Website for illegal purposes. You will:

  • Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property).
  • Not interfere with or disrupt the use and enjoyment of the Website by other users.
  • Not resell material on the Website.
  • Not engage, directly or indirectly, in transmission of "spam," chain letters, junk mail, or any other type of unsolicited communication.
  • Not defame, harass, abuse, or disrupt other users of the Website.

License

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Infadale Infotech or the applicable third party (if third-party content is at issue).

Posting And Data Security

By posting customer testimonial content on the Website, you hereby grant Infadale Infotech a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Infadale Infotech is committed to keeping customer information and data secure and will not use it for any purpose beyond the scope of providing the cloud-based accounting and distribution management software and sales app.

4. DISCLAIMER OF WARRANTIES

Your use of the Website and/or Products is at your sole risk. The Website and Products are offered on an "as is" and "as available" basis. Infadale Infotech expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products (including Trial Products).

Without limiting the generality of the foregoing, Infadale Infotech makes no warranty:

  • That the information provided on this Website is accurate, reliable,complete, or timely.
  • That the links to third-party websites are to information that is accurate,reliable,complete, or timely.
  • No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein.
  • As to the results that may be obtained from the use of the Products or that defects in Products will be corrected.
  • Regarding any Products purchased or obtained through the Website.

5. Limitation Of Liability

Infadale Infotech's entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of this Agreement is solely limited to the amount you paid, less shipping and handling, for Products purchased via the Website.

Infadale Infotech will not be liable for any direct, indirect, incidental, special, or consequential damages in connection with this Agreement or the Products in any manner, including liabilities resulting from:

  • The use or the inability to use the Website content or Products.
  • The cost of procuring substitute Products or content.
  • Any Products purchased or obtained or transactions entered into through the Website.
  • Any lost profits you allege.

6. Indemnification

You will release, indemnify, defend, and hold harmless Infadale Infotech and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:

  • This Agreement or the breach of your warranties, representations, and obligations under this Agreement.
  • The Website content or your use of the Website content.
  • The Products or your use of the Products (including Trial Products).
  • Any intellectual property or other proprietary right of any person or entity.
  • Your violation of any provision of this Agreement.
  • Any information or data you supplied to Infadale Infotech.

When Infadale Infotech is threatened with suit or sued by a third party, Infadale Infotech may seek written assurances from you concerning your promise to indemnify Infadale Infotech. Your failure to provide such assurances may be considered by Infadale Infotech to be a material breach of this Agreement. Infadale Infotech will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Infadale Infotech's choice at its expense. Infadale Infotech will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Infadale Infotech against any claim, but you must receive Infadale Infotech's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

7. Privacy

Infadale Infotech believes strongly in protecting user privacy and providing you with notice of its use of data. Please refer to Infadale Infotech's privacy policy, incorporated by reference herein, that is posted on the Website.

8. Agreement To Be Bound

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

9. Generalforce Majeure

Infadale Infotech will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Without limiting the generality of the foregoing, Infadale Infotech makes no warranty:

Cessation of Operation

Infadale Infotech may, at any time and in its sole discretion, cease the operation of the Website and distribution of the Products.

Entire Agreement

This Agreement comprises the entire agreement between you and Infadale Infotech and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver

The failure of Infadale Infotech to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction

This Website originates from Thiruvananthapuram, Kerala. This Agreement will be governed by the laws of the State of Kerala, without regard to its conflict of law principles to the contrary. Neither you nor Infadale Infotech will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Kerala. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights

By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with this Agreement must be asserted individually.

Termination

Infadale Infotech reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, and Infadale Infotech may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Infadale Infotech reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Infadale Infotech chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use

Infadale Infotech makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment

You may not assign your rights and obligations under this Agreement to anyone. Infadale Infotech may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.