Terms and Conditions

The terms and conditions under which you may use the “iProHR of India website” (this "Website") or Software Applications available on Desktop, Android and/or IOS Platform (Apps), whether as a visitor or a registered user, are described in these terms of use (together with the documents mentioned in it) (collectively, these "Terms"). Accessing, perusing, or registering to use this website are all considered forms of usage.
Operated ByWe, IBG Infotech Pvt Ltd, doing business in name and style of “iProHR of India” and “iProHR” ("Company," "we," "us," "our"), a company registered in India, under the provisions of the Companies Act, 2013, having registered address at IBG House, Hadapsar, , Pune, Maharashtra 411028. We operate, manage, administer, supervise, the functionality and efficient performance of the website https://iProHR.in (the "Site"), the mobile application iProHR(the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). About the Platform: iProHR: Streamline Your Customer Relationships, Elevate your business with our intuitive iProHR software, designed to harmonize sales, marketing, and customer service. Enhance customer experiences, boost productivity, and drive growth with iProHR's cutting-edge features."
iProHR software Platform for Startups, Micro, Small and medium size businesses complete a powerful, easy-to-use iProHR platform to manage sales, marketing, and customer service. Automate tasks, enhance customer experiences, and drive growth."

ContactYou can contact us email at Connect@iProHR.in or by mail to IBG House, Sr.No.295, Plot No.13, Hadapsar, Pune, Maharashtra 411028, India.

Inclusivity and binding nature:These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and IBG Infotech Pvt Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

1. We recommend that you print a copy of these Legal Terms for your records.

Our Services: iProHR of India offers a comprehensive iProHR Software as service to meet the needs of micro, small, and medium enterprises (MSMEs) and large organizations. These services offered the brand “iProHR of India” are primarily software services. The governing terms and conditions of the services as mentioned in the Customer Undertaking form or service acceptance form signed by the registered user or payment of the service charges against the services offered shall be conclusive evidence to the acceptance of the terms of the service with terms applicable in verbatim Subscription Scope: The Subscription Plan entitles User s to access the services selected by the registered user for the period as mentioned in the service application form or as shall be outlined in the plan description available on iProHR of India's website portal.
(i) Registration: You may be required to register to use the service. You agree to keep the password confidential. You shall be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You shall submit the necessary KYC details as shall be required at the time of availing the services. The detail submitted by the registered user shall be regulated as per the privacy policy of iProHR.
(ii) User Duration: The subscription period begins with the User’s acceptance of the plan and continues for the duration specified in the selected subscription plan. iProHR reserves the right to modify the duration of the subscription period at its discretion, subject to prior notification to the User.
(iii) Termination: The User retains the prerogative to terminate their subscription at any time by furnishing written notice through the designated User portal. Upon receipt of a termination notice, access to the subscribed services shall cease at the end of the ongoing billing cycle. iProHR shall not be liable for any refund or compensation following termination, except as stipulated otherwise in these Terms and Conditions or by applicable law.
(iv) Pricing: The selected plan at the time of registration for availing the software services, the subscription fee shall be mentioned in the registration form or at the iProHR's website. iProHR of India reserves the right to revise the subscription fees periodically, with prior notification to the User.
(v) Payment: User agrees to remit the subscription fee as and when it shall be due and payable. You can securely make payments using the available payment methods on iProHR of India's website portal. User may make payments through legitimate banking channels or through online UPI portals or any other payment Gateway as shall be operated by the user. In the event User defaulted to make timely payments may result in the subscription being suspended or terminated at the discretion of iProHR of India. Operating Stability
(vi) Service Availability: While the iProHR endeavours to maintain optimal service availability and reliability, User s acknowledge that occasional downtime may occur due to scheduled maintenance, system upgrades, or unforeseen circumstances beyond the iProHR 's control. iProHR shall make reasonable efforts to minimize service disruptions and provide advance notice to User s when possible.
(vii) A brief description of the scope of the services, the functionality, key features, and frequently asked question is articulated on the website to enable the visitors, registered members and dormant
(viii) users of the services or platforms, to understand the offerings being provided by us.
(ix) The Services can be availed by registering with us, by complying with the requirements and paying the required service fee, based on the services, enrolled or availed from our organization through “iProHR of India” and “iProHR” platforms accessible on website, apps, and other platforms.
(x) The service shall be effective from the date of receipt of the payment of the service fee. In the event, the user finds any difficulty or ambiguity in not being able to access or avail the service, or not able to operate its profile, the same can be redressed by contacting the provided customer care service personnel updated on the website.
(xi) Company shall be using the data, documents and other information for profiling the registered users and members of the website or app. Each user shall be granted a unique identification number or customer ID sync with the profile details, along with uninterrupted access, to use, access, and share the necessary information or documents prepared by the iProHR acting within the scope of services as availed.
(xii) The information provided when using the services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
(xiii) In the event, the registered user failed to pay the subscription fees or services, within the time as mentioned herein, the user account shall become “inactive”, and the access shall be limited or restricted to general information without accessing any end products/documents prepared by the Company in the due course of service. The User shall be responsible for making timely payment of the subscription fee or service fee, without any delay to avoid any inconvenience in the hassle-free service to be provided by the Company.
(xiv) In the event, the User or any User faces any difficulty in terms of technical issues or glitches which disable them to use, access or submit the necessary or relevant documents, information’s or data on the website or platforms, the same shall be intimated within 48 hours, to the Customer Redressal Grievance Committee or Customer Care representatives deployed or established by the Company. The Company shall undertake all necessary remedial actions to resolve the complaints/grievances in a time bound manner.
(xv) The Company reserve all the contractual rights, within its discretion, to amend, alter, supplement or alter the terms and conditions of the service, the nature of the service, the payment plans and other terms of the Service, and the same shall be update on the website or platforms.

2. INTELLECTUAL PROPERTY RIGHTS

a. We are the owner or the licensee of all the intellectual property rights in our service including all the source code databases, applications, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). b. All contents, texts, graphics, logos, buttons, icons, images, audio-clips, digital downloads, data compilations, software and marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws enacted and enforced by the provisions of India Laws.
b. The content and marks are provided in or through the services "as is" for your personal, non-commercial use or internal business purposes only.
c. In the event, the registered user observes or bring to our notice any contents, materials or any form of material infringing or impersonating the intellectual property of us, the User shall be under obligation to bring to our notice the infringing contents, by submitting an email or intimation on details provided below, in order to enable us to take necessary actions or precautionary steps to minimize the infringement action.
d. In the event, the registered user submits any claim or complaint seeking removal of infringing contents, on the alleged grounds of the infringement or breach of the intellectual property owned or licensed to them, the Company, in exercise of its own discretion, shall remove the infringe content as interim curative measure. It is to be noted that the Company does not act as an adjudicator on the claims of ownership or entitlement over the dispute intellectual property.
e. The usage of the intellectual property inter-alia trademark, logo, designs, content in writing or audio-video forms, or any other forms, used by us on the records, documents or information’s shall not be construed or be termed as an act of licensing or assigning the said intellectual property to the registered user or otherwise. Nothing in the course of rendering services shall be deemed to be an assignment or license to use the intellectual property and its rights for any commercial purpose by the registered user. In the event, we find any breach or infringement of the intellectual property and rights, we shall be entitled to undertake necessary remedial or injunctive action along with the monetary compensation to be quantified based on several factors, as applicable under the law.
f. Any curative measures undertaken by us, in the interim, to protect the intellectual property owned by any third party or by registered users or dormant users, shall not be deemed to be a determinative judicial action. The aggrieved party shall undertake necessary legal actions to seeks redressal from the competent and appropriate adjudicating and jurisdictional authority, judicial or quasi-judicial authority who are established, empowered, competent or conferred under the provisions of law in India, with the powers to adjudicate the claims of intellectual property infringements.
g. We reserve the rights to prove the ownership or rights claimed under any intellectual property before the competent, jurisdictional, adjudicating judicial or quasi-judicial authority established under the provisions of law in India and nothing shall deprive us to claim any injunctive or remedial reliefs to protect or prevent the infringement or breach of the intellectual property or rights, as the case may be.
h. Subject to your compliance with these legal terms, including the “prohibited activities” section below, solely for your personal, non-commercial use or internal business purposes we grant you a non- exclusive, non-transferable, revocable license to:
i. access the Services; and  download or print a copy of any portion of the content to which you have properly gained access.
j. Except as set out in this section or elsewhere in our legal terms, no part of the services and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
k. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: Connect@iProHR.in. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
l. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
m. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

3. Users Representation

By using the Services, you represent and warrant that:
1) all registration information you submit will be true, accurate, current, and complete.
2) You will maintain the accuracy of such information and promptly update such registration information as necessary.
3) you have the legal capacity, and you agree to comply with these Legal Terms.
4) You are not a minor in the jurisdiction in which you reside, and you are legally competent, and sound-minded, accepting and fulfil the terms and conditions mentioned herein.
5) You are not legally barred or deprived of access or use the services under the provisions of Law.
6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise.
7) You will not use the Services for any illegal or unauthorized purpose.
8) Your use of the Services will not violate any applicable law or regulation.
9) You shall provide accurate, authentic and valid information, data, documents, both financial and other general information, to enable us to render satisfactory services as requested under the plan mentioned herein.
10) You shall not use the financial documents prepared by us based on the documents, information, or data provided by you, for any financial or fraudulent crime related activities or any activities prohibited or penalized under the law in force.
11) You shall not publish, distribute, comment or disseminate any defamatory aspersions and statements, that will adversarial affect the brand value of our organization or entity. You undertake that any complaints or errors in relation to the services shall be amicably settled and resolved through internal redressal mechanism.
12) You shall seek redressal of any grievances or complaints relating to the services availed, through the internal grievance redressal mechanism or customer service/support, as established and provided by us. Any external unauthorized support or assistance shall not hold the Company liable for any deficiency in services.
13) You understand that you do not have the right to use any of our trade names, trademarks, service marks, logos and domain names. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
14) You hereby understand and acknowledge that the information requested from you is used for the various purposes as set out in our Privacy Policy as well as compliance with various laws, regulations and guidelines (including Reserve Bank of India (Know Your Customer (KYC)) Directions, 2016 and Prevention of Money Laundering Act, 2002) promulgated by the Government of India from time to time.
15) You will remain responsible for all actions taken through your system, username, and password.
16) The information provided by you is true and correct.
17) You shall keep us updated on any change in the information provided on the Platform.
18) You are not a politically exposed person under Prevention of Money Laundering Act, 2002 and Reserve Bank of India (Know Your Customer (KYC)) Directions, 2016.
19) If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. NO UNLAWFUL, INFRINGING OR OFFENSIVE ACTIVITY

a. Your use of the iProHR of India Website or iProHR App shall be in compliance with all the applicable laws including but not limited to Information Technology Act, 2000 and the Rules made thereunder.
b. You must not post/transmit or enable another person to post/transmit via the Website or App, any information or material or otherwise, or use the Website or Ap for any fraudulent or unlawful activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any applicable laws.
c. The Website, App or any Services under the Website and App are accessed via the World Wide Web, which is independent of the Website.
d. Your use of the World Wide Web is solely at your own risk and subject to all applicable laws and regulations. We have no responsibility for any information or service obtained by you on the World Wide Web.

5. PROPRIETARY-RIGHTS

The software and hardware that support the Platform, as well as other Internet-related software necessary for accessing the Platform, are solely our property and/ or our authorized third-party service providers. Your permission to access the Platform does not grant you any proprietary or ownership rights in the software / hardware. You are prohibited from attempting to modify, translate, disassemble, reproduce, decompile, or reverse engineer the software / hardware underlying the Platform or creating any derivative products based on the software/hardware. You shall not use any third-party applications, software, or functional code that shall cause or has any potential to impair, disable or cause any dysfunctionality in the smooth and efficient performance of the website or apps or that shall create impediment in the service-related activities.

6. OBLIGATION OF THE USER

a. Review of Terms: - It is your responsibility to thoroughly review these Terms on a periodic basis.
b. Use of Information and Materials.: - The Content contained on the iProHR website, apps, and other platforms is provided for general information only and should not be used as a basis for making business / commercial decisions.
c. Availability and Eligibility: - The information and data contained in this Platform does not constitute an offer to buy or sell or solicitation of an offer to buy or sell any services in any jurisdiction other than India.

7. PROHIBITED ACTIVITIES

a. You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
b. As a user of the Services, you agree not to:
(i) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(ii) Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein (iii) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
(iv) Use any information obtained from the Services in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct.
(v) Use the Services in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Services.
(vi) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
(vii) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(viii) Delete the copyright or other proprietary rights notice from any Content.
(ix) Attempt to impersonate another user or person or use the username of another user.
(x) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
(xi) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
(xii) Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
(xiii) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services
(xiv) Except a may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
(xv) Use a buying agent or purchasing agent to make purchases on the Services.
(xvi) Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(xvii) Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue- generating endeavor or commercial enterprise.
(xviii) Use the Services to advertise or offer to sell goods and services. Sell or otherwise transfer your profile

8. USE LICENSE

a. If you access the Services via the Software applications through Android or IOS operating systems, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.
b. You shall not: (i) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (v) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (vi) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (vii) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (viii) use the App to send automated queries to any website or to send any unsolicited commercial email; or (ix) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

9. SERVICES MANAGEMENT

a. We reserve the right, but not the obligation, to:
(1) monitor the Services for violations of these Terms and Conditions.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

10. LIMITATION OF LIABILITY

a. In no event, iProHR, its directors, employees, or agents shall be held liable for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if user have been advised of the possibility of such damages.
b. Service provider, iProHR shall be entitled to rectify the defects, errors and corrections, if any, brought to the notice of iProHR based on additional facts, apparent errors in the records, data or information furnished by the User. In the event of irregularity, defects, or error committed by the Company, the said error, defect, or irregularity shall be brought to the attention of the Company and same shall be cured and rectified within period of 30 days, provided necessary information’s, data, records, or documents shall be provided to the Company for the rectification purpose.
c. iProHR shall not be liable whatsoever for any loss, damage, or inconvenience caused due to technical glitches which cause any downtime or discontinuance of the Services for a temporary period of time. However, any maintenance repair activity on the website or apps shall be notified in advance to the registered users.
d. The registered user shall be personally liable for all the authenticity and credibility of the documents, records, information, and filings to be made with the concerned government departments.
e. The relationship between user and the service provider is as Principal and Agent relationship, wherein the User shall be legally bound to comply with the law, whereas, service provider shall be providing accounting services, based on the information, data and records as shall be provided to the company by registered user.
f. The challenge or questions pertaining to veracity, authenticity and genuineness of the contents of the data, records or information’s shall be solely under liability of registered user and nothing shall be devolved to iProHR for the services provided based on the same.
g. iProHR shall be liable to undertake all the steps to comply with the provisions of law, regulations, rules as enacted, and which are related to the laws applicable to the nature of service.
h. iProHR shall be acting in bonafide manner and shall discharge all the contractual obligations in accordance with the terms of this Agreement and as mandated under the law. Nothing in this Agreement shall deprive iProHR to perform its obligations in accordance with the provisions of the Central and State laws including Income Tax Act, Goods and Service Registration Act, Custom Act, Prevention of Money Laundering Act, and any other law in relation to the financial accounting services or any other related services offered by iProHR and acceptance by the registered user.
i. iProHR shall not be liable for any punitive or exemplary charges or monetary damages, penalties, quantified damages for deficiency of services, and unquantifiable damages based on allegations, in the course of dispensing services in terms of this Agreement and as per the law in force.
j. iProHR shall not be legally liable for any adverse judicial or legal proceedings initiated against them for non-compliance, fabrication of documents, falsification of records, or for any other acts perpetuated or done by the registered user in contrary to the law and same being solely contributable or attributable by the registered user.
k. iProHR reserves the right to recover monetary damages in the event iProHR incurs the losses or any form of monetary damages, for the wrongful acts or unauthorized activities of the registered user, which may expose iProHR to any legal actions or proceedings under the law in force.
l. iProHR liability shall be restricted to rendering services as per the professional accounting standards and in compliance with the provisions of central and state laws. Further, any notifications, circulars, rules or regulations, which mandates the accountants to do certain acts or discharge obligations as mandated under the law, the same shall be performed as per the mandate of law, irrespective of any contrary instructions tendered or submitted by the registered user, in oral or writing.
m. Registered user or any other person availing the professional services of iProHR shall be liable to provide authentic and valid financial documents, data, information’s or any records which is requested by iProHR which shall enable iProHR to render services, within the mandates of law.
n. Nothing in this Agreement shall hold iProHR liable for acts, omissions not defined herein, and for acts or omissions which are solely contributable or originated due to absolute negligence, non-compliances and unauthorized activities perpetuated or committed by registered user.
o. iProHR and registered user strictly agree that any error in the records, documents or data submitted by ProBilling in discharge of the services shall be subject to corrections, modifications and rectifications, and the same shall not make iProHR liable as deficiency of service.
p. The liability of iProHR shall be subject to the nature of services, terms and conditions specified herein, and any additional or supplementary terms and conditions agreed between parties.
q. Registered users shall bring to notice of iProHR any corrections, or errors on the accounting treatments or service-related disputes and shall afford iProHR opportunity to be heard or explain on the service-related queries or clarification, if any, sought from them. The Parties agree that any service-related disputes should be resolved amicably through the dispute resolution process as mentioned herein.

11. Privacy Policy

a. iProHR cares about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
b. All the data received from the registered user shall be safeguarded and protected within the contours of Digital Personal Data Protection Act, 2023, Information Technology Act, 2000, its rules and regulations as enacted therein.
c. iProHR shall undertake all the necessary steps, from time to time, to comply with the provisions of data protection laws appliable and enacted in India. In the event of the breach of any provisions of law, the registered user agrees to mediate and conclude the dispute on breach of the data by agreeing to either striking or revoking the data submitted to iProHR or by asking iProHR to not cause any further data breach.
d. Nothing in this agreement confers or entitles the registered user whose data privacy is breached to seek quantifiable or unquantifiable compensation from iProHR. iProHR undertakes to frame a rapid action exercise to confine or curb the data breach, if any, from the notice of unauthorized data transmission or breach.
e. Registered user authorizes and consents to the iProHR to undertake all the necessary actions or curative measures such as call for deletion, amendment, alterations or revocation of data submitted to the authorized third party associated with iProHR for the sake of performance of the obligations, storage and processing of the data, information’s and documents submitted by the registered user.
f. iProHR shall bind the third-party agents or affiliates or associates to comply with the confidentiality norms or policies framed or agreed with iProHR provided the breach of confidentiality of the privacy policy will entitle iProHR to initiate necessary legal actions to injunct and prevent the third party for further non-compliance and breach of confidentiality agreement or its terms.
g. iProHR shall use the registered user information, for, amongst other purpose, customer verification, provision of products and services, for personalization of products or service, marketing or promotion of iProHR financial services or related products or that of iProHR or that of iProHR associates and affiliates for creation of statistical information, statistical analysis, or credit scoring, enforcement of registered user obligations, any other purpose that will help the registered user in providing the optimal and high quality services.
h. iProHR shall take all reasonable measures to protect security and confidentiality of the registered user information and transmission through the World Wide Web. Registered users are required to follow the terms and conditions of the services while using this website including the instructions stated therein in respect of security and confidentiality of registered user login and password.
i. iProHR is entitled to seek consequential relief as enunciated under the law in relation with data protection and service-related unauthorized use, access or abuse by third parties.
j. iProHR is empowered to disclose the general or confidential information to the third party, without limitation, for the purposes of
(i) To comply with the legal requirements, legal process, legal or regulatory directive / instruction
(ii) To enforce the terms and conditions of the product or services
(iii) To protect or defend iProHR rights, interest and property, its associates and affiliates, employees, consultants etc.
(iv) For fraud prevention purposes.
(v) As permitted or required by law.
(vi) For availing any third-party support services to connect with you regarding any problem with or expiration of any services availed by you.
(vii) iProHR shall strive to appoint or constitute digital protection officer/nodal officer in order to comply with the digital protection laws and shall undertake necessary measures to prevent unauthorized breach of data submitted by the user. Further, iProHR shall keep track of record of external transfer of data to authorized third party agents/partners/associates/affiliates and shall ensure that data transmission to unauthorized third-party agents shall be prevented and all the cyber security measures will be strengthened and shall be strictly reviewed periodically.
k. Notwithstanding anything contained in this clause, the registered user and iProHR jointly agrees and undertakes to protect the data, information’s and records submitted for service or product related benefits or in accordance with the terms of this Agreement, and the breach of the same, shall be confined to exercising the injunctive or preventive measures to ensure compliance with the confidentiality norms or policies rather than initiating legal actions seeking quantifiable damage provided, breach of confidentiality by third party for unlawful access or breach of data, is an exception and shall be liable for consequential actions, wrongful access or abuse of data or breach of the Agreement.

12. THIRD PARTY WESBITES AND CONTENTS

a. The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
b. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and discretion and the consequences or unforeseeable consequences.
c. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
d. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services.

13. TERMS AND TERMINATION

a. These legal terms shall remain enforceable in full force and effect while you use the services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and with prior notice or liability, deny access to and use of the services (including blocking certain Ip addresses), to any person/ registered user for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulations. b. iProHR may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion, if suspected that you committed breach of the terms and conditions of the services, or for any unlawful activities restricted, prohibited or penalized under the law.
c. If iProHR terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
d. In the event of termination of the services availed by the registered-on grounds of breach of the terms and conditions of the Agreement or finding the registered user committing acts or causes any acts prohibited under the law, the service or subscription fee shall be forfeited in full, and iProHR shall not be liable to return the subscription or service to the registered user.

14. Modifications/ Amendments

a. iProHR reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice.
b. iProHR will update any information relating to the terms, conditions and scope of Services. Registered users shall take cognizance of the amended terms and conditions of the services.
c. The modification, amendments, alterations or deletions of the terms and conditions of the service shall be construed to be accepted. If there is no objections or opposition email received from any registered user within 7 (seven) working days from the date of amendment/modification of the terms and conditions of the service, it shall deem to be acceptance of modified terms and conditions of the services.

15. Dispute Resolution Process

a. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes"), the Parties agree to first attempt to resolve the disputes through conciliation. The process of conciliation will be initiated from the date of formal notice to the counter party briefly describing the nature and cause of the disputes. The parties shall endure to amicably settle the dispute through conciliation process.
b. The Parties agree that the term of conciliation process shall be 90 (Ninety days from the date of issuance of notice to initiate dispute resolution process, be party.
c. Parties agree that the reason for non-settlement of dispute under conciliation process shall be recorded in writing.
d. The parties agree that arbitration process shall commence only after the conciliation process failed to resolve the dispute subsisting between the parties.
e. Any or all dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, of the services shall be referred to and finally resolved by the Arbitration process. The arbitration process shall be governed and conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
f. Either party shall be entitled to nominate one Arbitrator. The appointment of Arbitrator shall be fixed by consent of the parties in writing. There must be mutual consent on the appointment of arbitrator and non-response to the request for consenting to the nominated Arbitrator shall not be deemed to be consent or waiver of right to object to the same.
g. The number of arbitrators shall be one. The seat, or legal place, or arbitration shall be Pune, India. The language of the proceedings shall be English. The governing law of these legal terms shall be substantive law enacted in India.
h. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
i. The Parties agree that the following disputes are not subject to the above provisions concerning informal negotiations binding arbitration:
(a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
(b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of data.
(c) any claim for injunctive relief, and
j. The decision of the arbitrator shall be final and binding upon the parties.

16. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. Indemnity

a. Registered user agree to defend, indemnify, and hold us harmless, including associates, subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your unlawful or deceptive activities making iProHR jointly liable ; (ii) unauthorize use of the services for wrongful gains or profits ; (iii) breach of these legal terms and conditions; (iv) any breach of your representations and warranties set forth in these legal terms; (v) your violation of the rights of a third party, including but not limited to intellectual property rights; or (vi) any overt harmful act toward any other user of the services with whom you connected via the services.
b. Notwithstanding the foregoing, iProHR reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
c. iProHR will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

a. Visiting the portals, sending us emails, and completing online forms constitute electronic communications.
b. Registered User consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications iProHR shall provide to you electronically, via email and on the services, satisfy a legal requirement that such communication be in writing.
c. Registered User agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. Registered User hereby agree any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means shall not prejudice the electronic communications, agreements and electronic payments done to iProHR.

19. INCLUSIVITY AND SEVERABILITY

a. These legal terms and any policies or operating rules posted by iProHR on the services or in respect to the services constitute the entire agreement and understanding between the registered user and iProHR.
b. iProHR failure to exercise or enforce any right or provision of these legal terms shall not operate as a waiver of such right or provision. these legal terms operate to the fullest extent permissible by law.
c. iProHR may assign any or all of our rights and obligations to others for the performance, enforcement or reinforcement of the terms and conditions of the Service, with prior notice to the registered user.
d. iProHR shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, if any provision or part of a provision of these legal terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these legal terms and does not affect the validity and enforceability of any remaining provisions.
e. The terms of the Service shall not be inferred as joint venture, partnership, employment or agency relationship created between registered user and ProBilling as a result of these legal terms or use of the services.

20. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: IBG Infotech Pvt Ltd, IBG House, Hadapsar, Pune, Maharashtra 411028, India connect@iProHR.in