Terms & Conditions
ChitBoss Subscription Agreement, Terms & Conditions updated as on [02-APRIL-2022]. If you are a new subscriber, then this agreement is effective immediately. For all the existing subscribers we are providing a prior notice of 15 days about these changes, which will be effective from [17-APRIL-2022]. Should you have any questions on this agreement, please contact our support team at support@chitboss.com
BY CLICKING ON THE “AGREE CONDITIONS CHECKBOX AND a sign up BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS (subscriber terms)These terms and conditions outline the rules and regulations for the use of Naxo Soft Solutions's Website, located at https://naxosoft.com/.
IF YOU DO NOT AGREE WITH ANY OF THESE SUBSCRIBER TERMS, YOU MUST IMMEDIATELY STOP ACCESSING AND USING THE WEBSITE AND THE SERVICES BEING PROVIDED UNDER THESE SUBSCRIBER TERMS.
THIS AGREEMENT CONSTITUES A BINDING CONTRACT ON YOU AND GOVERN THE USE AND ACCESS TO THE SERVICES BY YOU AND Naxo Soft Solutions PRIVATE LIMITED (hereinafter referred to as “ChitBoss, company, etc., please see definitions below). IN RESPECT OF YOUR USE OF THE WEBSITE/APPLICATION, AND/OR SUBSCRIPTION OF AVAILABLE SERVICES. USAGE OF THE TERM WEBSITE IN THESE TERMS SHALL DEEM TO INCLUDE ANY/ALL APPLICATIONS ("APPS") OWNED AND CONTROLLED BY Naxo Soft Solutions PRIVATE LIMITED.
These SUBSCRIBER TERMS are between You, AND ChitBoss, each referred to individually as "Party" and collectively the "Parties". Company owns and operates the website and/or any Application and/or platform in the name and style of ChitBoss connected to or mentioned on this site and the Services provided under this website. The Website contains a subscription functionality which enables users to subscribe to the services offered. The site provides Services. These SUBSCRIBER TERMS apply to Your access to, and use of, the website and/or its Application (whether through a computer, mobile phone, tablet or other electronic device), the Subscription Services, other services and all information, recommendations and other products and services provided to You on or through the Website.
The Parties agree as follows
- Definitions
- Access to the services
- Registration and Use of the Services
- Communication, Code of Conduct, Ethics
- Term, Cancellation, Suspension, Refunds and Termination
- ChitBosss right to demand additional documentation
- Fair Usage Policy
- Share, Refer, Guarantor – Privacy
- Subscribers consent to Risk Assessment, Underwriting
- Subscribers consent to eKYC
- Subscribers consent to eSignatures
- Subscribers consent to eNach/Subscriptions/Recurring Payments
- Subscribers duties
- Subscribers rights
- Ownership and Security of the data
- Compliance
- Consultant Services
- Beta Services
- IP Rights
- Limitation of liability
- Anti-Corruption, malpractices
- Non-Disclosure Agreement
- Non-Compete Agreement
- Non-Exclusivity Agreement
- Right to amend/modify the Agreement
- Support
1. Definitions:
Unless the context requires otherwise, quoted terms in these SUBSCRIBER TERMS have the following meaning: a. When we say "ChitBoss", "Our", "Service", "Product", "The offering", "Website", "Application", "We" or "Us" we are talking about ChitBoss Services offered by Naxo Soft Solutions Private Limited. b. When we say your, a subscribers, a member, a customer, a participants, a user etc.., we are talking about an individual or entity registered with the website, with an intent to participate/avail services offered by the ChitBoss. c. Service – Shall mean the service provided by ChitBoss, Service Providers to users where a user can Subscribe to subscription services like Regulated, Registered and Approved Subscription / Subscription Groups – As per Subscription Act 1982 and rules/regulations made thereunder (as amended from time to time) Submit eKYC (Aadhaar, PAN based on eKYC) eSignature/eSign the Subscription related documents Offline KYC - wherever required Make payments as per subscription plans Receive payments from the Service Providers as agreed in the Subscription Agreement/Subscription Plan Manage Subscription relation activities like Enrolment, Agreement/Membership Confirmation, Participate in Subscription Auction, etc., Avail support (Call, Chat, Email, WhatsApp) with related to Services offered in the website
d. Service Provider – Shall mean one or more of the following: Banks, Non-Banking Financial Companies (NBFC), Insurance Companies, Payments (Onetime, Subscriptions & Recurring) infrastructure/Gateway providers, Association, Facility provider, Acquiring Bank, Other Financial Institution, Card Processors, Franchises etc., e. Add-on Service Providers/Affiliates – Shall mean one or more of the following: eKYC Agencies/intermediaries, eSign intermediaries/gateways, credit records & reporting agencies and any other third-party that entered into agreement with “ChitBoss†or “Service Provider†to contribute/compliment towards the overall service. f. eSign – Shall mean e-signatures which have been legally valid in india for more than a decade now; The Information Technology Act (IT Act 2000, IT Act 2008) granted e-Signatures the same legal status as handwritten signatures. g. Subscription - shall mean such services provided and available for subscription by the Company and being performed either by the Company or by its 3rd Party affiliates – includes both online and offline modes. h. eNach/Recurring/Subscription Payments – Auto-debit mandate issued/authorized by the subscriber to the Company/ServiceProvider/Affiliates to auto-debit/charge subscribers account at an agreed frequency towards subscription charges. i. Transaction – Shall mean a payment instruction whether successful or not between User/Subscriber and Service Provider/Company or equivalents. i.a. A transaction is called successful where a money is successfully transferred from the payer (To make a payment) to payee (Receiving a payment). j. Transaction Amount: Shall mean the total amount Payable/ Receivable by respective Payer and Payee. This amount shall include all taxes, charges, interest, duties, delivery costs, commissions and fees.
2. Access to the services
We will use all reasonable efforts to ensure services are available 24 hours a day and 7 days a week. However the exceptions are (a) Planned downtimes, (b) Emergency updates, (c) any unavailability caused by circumstances beyond our control. We may modify the functionality, features of the application/service as part of continuous improvements and growth strategy of the application. We will also provide reasonable advance notice wherever we deem it is applicable, if any material features are removed.
3. Registration and Use of the Services
You agree that you would use this website only for the purpose what it is intended for, and not for any other means including malpractice, gambling, money-laundering, sale/purchase of prohibited items as per list of applicable laws, rules and regulation of Govt of India and the respective state government.
4. Communication, Code of Conduct, Ethics
Content and Conduct. In addition to complying with the other terms, conditions and restrictions set forth below in this Agreement, You agree to use ChitBoss in fair usage terms as communicated in advance by us. Further, in Your use of the Services You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share or otherwise commercially exploit or make the Services available to any third party, other than authorized Agents and End-Users; (b) use the Services to Process data on behalf of any third party other than Agents or End-Users; (c) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (d) falsely imply any sponsorship or association with ChitBoss or the ChitBoss Group; (e) use the Services in any unlawful manner, including, but not limited to, violation of any person's privacy rights; (f) use the Services to send unsolicited or unauthorized bulk mail, junk mail, spam, other forms of duplicative or unsolicited messages or messages that directly or indirectly support pyramid schemes or other fraudulent activities; (g) use the Services to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person's intellectual property rights; (h) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any Software making up the Services; (j) use the Services to knowingly post, transmit, upload, link to, send or store any content that is (or directly or indirectly supports activities that are) unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Services to knowingly post, transmit, upload, link to, send or store any Malicious Software; (l) use or launch any automated system that accesses a Service (i.e., bot) in a manner that sends more request messages to a Service server in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser or mobile application; (m) use inappropriate language/terms which may be abusive to any other staff, Subscribers, Potential subscribers or (n) attempt to use or use the Services in violation of this Agreement. Very professional and timely responses to the Company, Service Provider and Affiliates. You agree to use fair language while communicating with any member/partners/associations of ChitBoss
5. Term, Cancellation, Suspension, Refunds and Termination
Term: The time for which you have subscribed to a plan/service/product offered by the Service Provider. Some of these products are auto-renewable, and the respective policy/agreement contains such information in detail. Cancellation: You may /may not be able to cancel your subscription based on the nature of the subscription. Respective policy/agreement contains such information in detail. In principle – most of the subscription plans are eligible for cancellation but attract penalties/charges as applicable. Suspension: If you have subscribed to a Service, but failed to make required payments afterwards then as per the policy, your subscription/account may be suspended till all the dues including penalties and charges is cleared in full. Refunds: Whenever a subscription is cancelled, you may be eligible for a refund, which would be calculated based on the amount paid in that subscription plan till date after deducting charges, penalties, commissions etc., Policy document/agreement contains such information in detail. Termination: We / Service Provider reserves the right to terminate the subscription with immediate effect if found violation of this agreement. Further, you agree that all these claims, damages or losses arising from or relating to this termination because of the violation of the agreement will be borne by you. Also, there shall be no refund of any fees under this agreement for any reason whatsoever.
6. ChitBosss right to demand additional documentation
We reserve the right to demand for any additional documentation/hard copies with regards to subscription agreements/policies both from Subscribers and/or Service Providers, as it may deem necessary from time to time.
7. Fair Usage Policy
Our intention is to provide a fair service to all the stakeholders, not otherwise. We promote goodness and encourage transparency. As per this agreement, as a User you agree to all the rules and regulations set by ChitBoss in this regard. ChitBosss decision is final and binding.
Your Privacy
8. Share, Refer, Guarantor – Privacy
You must respect the privacy of the members whether they are subscribers in ChitBoss or not. Unwanted, unsolicited calls/messages/emails are not welcomed by many. You acknowledge and agree that you have obtained prior consent from the subscriber/to-be-subscriber/guarantor before sharing their contact with ChitBoss. If there is any privacy violation in this regard – please understand that it is on you.
9. Subscribers consent to Risk Assessment, Underwriting
You acknowledge and agree that you authorize ChitBoss and its affiliates/partners including 3rd party credit agencies to access your credit profile, assess the risk and also underwrite.
10. Subscribers consent to eKYC
You acknowledge and agree that you understand the eKYC Process – which primarily includes obtaining your personally identifiable information (PII) is shared with us in digital form and you also authorize us along with our affiliates/3rd-party providers/agencies to verify the data through eKYC processes.
11. Subscribers consent to eSignatures
You have read, understood that “The Information Technology Act (IT Act 2000, 2008) granted eSignatures same legal status as handwritten signatures, and you acknowledge that all the eSignatures signed using your Aadhaar / PAN based OTPs are legally valid. You are also authorising ChitBoss to process, record and store eSignatures as long as the digital assets/documents are needed by the Company.
12. Subscribers consent to eNach/Subscriptions/Recurring Payments
You understand the concept of auto-debit/subscriptions/recurring payments/eNach mandate and the whole concept through Bank/DebitCard/UPI authorization. You also understand various charged involved whenever a mandate is not honoured, and you agree to obey the rules set by ChitBoss in this regard to ensure smooth processing of eNach transactions.
13. Subscribers duties
You understand and agree that it is your responsibility to keep the company informed about any changes in communication details – Mobile, WhatsApp, Email, Present or Permanent Address, Job/Occupation/Business etc., and keep ChitBoss informed from time to time and no more than 15 days delay. You also understand and agree that if you notice any deviation in the chit account statement, charges etc., you would bring it into SubscriptionBosss notice earliest possible but not after 90 days.
14. Subscribers rights
All of your rights are protected as per Subscription Act 1982 and other relevant rules, regulations set by the Govt of India from time to time.
15. Ownership and Security of the data
Your profile data is owned by you. All the transactional data like subscriptions, memberships, participation details, transactions, payments etc., are owned by ChitBoss. Both personal data and subscription data is preserved by ChitBoss for legal, compliance and regulatory purposes. ChitBoss uses SSL encryption while transmitting data between your device and ChitBoss servers
16. Compliances
As per subscription plan/policy you may need to adhere to certain compliance norms set by the Govt from time to time. You understand and agree its importance and acknowledge that it is your responsibility to do so.
17. Consultant Services
As a goodwill gesture, we may refer some third party consultancy services to you from time to time. Whether to avail such services or not is at your own discretionary and expense. ChitBoss cannot and does not force you to avail any such services. ChitBoss does not guarantee any SLAs on such services. It is your responsibility to discuss and agree between such service providers. ChitBoss is neither responsible nor liable on such matters / services.
18. Beta Services
From time to time, We may make Beta Services available to You at no charge. You may choose to try such Beta Services in Your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to Supplemental Terms that will be presented to You. Beta Services are not considered "Services" under this Agreement; however, all restrictions, Our reservation of rights and Your obligations concerning the Service. Unless otherwise stated or communicated to You, any Beta Services trial period will expire upon the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
19. IP Rights
ChitBoss retains all rights, title and interest in any Intellectual Property Rights. You MUST NOT use the ChitBoss Marks in a manner unless permitted by us in writing.
20. Limitation of liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THIS AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY AFFILIATE FOR ANY LOST PROFITS, LOSS OF REVENUE, LOST SALES OR BUSINESS, LOST DATA (BEING DATA LOST IN THE COURSE OF TRANSMISSION VIA YOUR SYSTEMS OR OVER THE INTERNET THROUGH NO FAULT OF CHITBOSS), BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, OR FOR ANY TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR ANY OTHER INDIRECT LOSS OR DAMAGES INCURRED BY THE OTHER PARTY OR ANY AFFILIATE IN CONNECTION WITH THIS AGREEMENT, THE SERVICES OR CONSULTING SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. FURTHER, ANY LIABILITY OF ChitBoss FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED PAYMENT RECEIVED BY ChitBoss FROM THE SUBSCRIBER UNDER THIS AGREEMENT FOR THE IMMEDIATE PRECEDING ONE(1) MONTHS FROM THE DATE OF SUCH CLAIM ARISES.
21. Anti-Corruption, malpractices
You agree that You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Our Legal Department at support@chitboss.com
22. Non-Disclosure Agreement
ChitBoss is the intellectual property of CloudAngle IT Solutions Private Limited. You are hereby granted access to use the service/product as is offered by Naxo Soft Solutions Private Limited. You agree NOT to share any internal policies, guidelines, operational procedures, documents shared by ChitBoss with anyone else without explicit consent from ChitBoss in written. You also agree NOT to disclose any of business data, sensitive data that you may have got access to as per this agreement. You agree that any interaction between you and ChitBoss is confidential in nature and NOT to disclose any or part of that information to any third party (Person/Individual, Company or Any entity for that matter) unless it is agreed by ChitBoss in writing.
