OSS – Terms of Service
Release Date: 11-December-2017
The below terms of service are applicable to all Users of the Portals: onlinesocietysolution.com, and the Mobile Apps: OSS app & OSS Gatekeeper app, OSS Admin.
"Appzia Technologies", "We" represent the "Service Provider" and are interchangeable. It also represents any subsidiary company of Appzia Technologies.
"Products" imply all offerings of Appzia Technologies, that are SaaS (Software as a Service) Products including but not limited to the Portals: onlinesocietysolution.com, and the Mobile Apps: OSS app & OSS Gatekeeper app, OSS Admin.
"You" addresses the individual User reading and agreeing to these Terms.
"Apartment Complex" or "Multi Dwelling Unit" can mean a Villa Complex or an Apartment Complex or a Commercial Complex. It can also imply any such Organisation of Users utilising the Products.
"Online Society Solution (OSS)" means the specific Portal of the specific Multi Dwelling Unit, accessible to Residents and Office Staff of only that Multi Dwelling Unit.
"Association", "Society", "RWA" are used interchangeably.
"OSS ERP" and "OSS" are used interchangeably to imply the Product that automates Workflows in Communication, Facility Management, Billing, Collection and Accounting.
“OSS ERP" are Products of Appzia Technologies. Appzia Technologies plays the role of a custodian for the information stored by the User via either of these Products on Servers maintained by Appzia Technologies.
TERMS OF SERVICE
Appzia Technologies provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time with information to you.
Appzia Technologies provides a suite of Products categorised as below.
All 2 products are integrated with each other. Depending on the access available to You, You may use any or all of these Products. Up-to-Date information on the Service Offerings are found on the Pricing Link of the website.
You are responsible for maintaining the confidentiality of the User ID and password you choose when you create your account, and are fully responsible for all activities that occur under your account. You agree to immediately notify Appzia Technologies of any unauthorized use of your password. Appzia Technologies will not be liable for any consequence arising from your failure to comply with this Section.
You understand that all information (such as data files, written text, audio files, images or any other media) which you may have access to as part of, or through your use of the Products of Appzia Technologies are the sole responsibility of the person from which such content originated. Appzia Technologies takes no responsibility for abusive content, and it is the responsibility of the users to regulate such content. Appzia Technologies takes no responsibility for any data generated within any of its Products and published or distributed outside by the user.
Appzia Technologies reserves the right to suspend its service to Users involving in service abuse.
Users are prohibited from aiding in the sale / exchange of any item present in the below list. This is only a partial list and items can be added as and when prohibited to law or brought to the notice of Appzia Technologies.
Airline tickets that restrict transfer, other unauthorized ticket sale - Alcohol or tobacco products - Blood, bodily fluids or parts - Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying info Burglary tools, including but not limited to lock-picks or motor vehicle keys - Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia -Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them - Counterfeit, replica, or knock-off brand name goods - Coupons or gift cards that restrict transfer, other unauthorized coupons or gift cards - False identification cards, forged certificates - Fireworks, firearms and explosives - Gambling items, including but not limited to lottery tickets - Material that infringes copyright, including but not limited to software or other unauthorized digital goods sale - Pornography - Pet animal parts, blood, or fluids - Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids - Stolen property, or property with serial number removed or altered.
Items can be included in the above list as and when prohibited.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Products, use of the Products, or access to the Products.
As SaaS products, all of Appzia Technologies offerings will undergo continuous modifications in its Features and Service. In case any feature or service is phased out, adequate time and notice will be given to you, so that you may retain the Information assets created by you as part of that Feature. Beyond the time given, you agree that Appzia Technologies shall not be liable to you or to any third party.
You acknowledge and agree that the Products contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Appzia Technologies, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products, in whole or in part. You also agree not to extract the code or reverse-engineer it in anyway. Any attempt at hacking or unlawful use of the Products can and will invite the maximum prosecution allowable under the law.
Our Warranties. We warrant that
(i) the Products shall perform materially in accordance with the Functionality listed in Features List, and
(ii) the functionality of the Products will not be materially decreased during a subscription term. A Subscription Term is defined by the term for which the Subscription Payment is already made. For any breach of either such warranty, your exclusive remedy shall be Termination of Use including Refund of Advance Payments made for the Subscription Term.
In no event shall either party’s aggregate liability arising out of or related to these Terms/Agreement, whether in contract, tort or under any other theory of liability, exceed the total amount paid by you under the current active Subscription Term.
Appzia Technologies does not sell, rent or otherwise make available the personal information of the Users, Visitors, Association Staff, Domestic Staff or the common information of the Society to any third-party, without their explicit approval.
In order to use the Products, a user must first complete the registration form. During registration a user is required to give their contact information and proof of being associated with the Multi Dwelling Unit. The registration information given by the user must always be accurate, correct and up to date. This ensures the User can get the maximum benefit from the Product.
YOUR PERSONAL INFORMATION
The User stores information about himself/herself under his/her User Profile. Information provided is available to the User and the Administrative Users belonging to the same Multi Dwelling Unit as the user.
The Help Zone is a feature provided for Users for availing useful services for their Home or Multi Dwelling Unit. The user understands that any information provided on Help Zone, is visible outside his OSS. The user is responsible for any information shared via Help Zone.
Appzia Technologies takes every precaution to protect users' information. When users submit sensitive information via the portal, the information is protected both online and off-line. We have enabled SSL encryption so as to ensure that your data remains encrypted during transmission to and from the site. These precautions, though industry standard are nonetheless only as secure as the end-user's practice. To ensure that unauthorised parties do not get access to information on this portal, we encourage all users make sure that they log-off from all sessions - especially from public computers such as at internet cafes.
As part of our disaster recovery strategy, we have regular backups taken to protect you from sudden data loss. If you have any questions about the security at our portal, you can send an email to email@example.com
SITE AND SERVICE UPDATES
We also send the user site and service announcement updates. Users may choose to unsubscribe from receiving these emails by following the instructions that will be part of each announcement email.
NOTIFICATION OF CHANGES
PRIVACY AND SECURITY OF PAYMENT INFORMATION
Appzia Technologies makes it possible for the User to pay various charges via its Products. Details of securing the Payment Information is available in a separate Terms knows as the “Payment Gateway Terms”.
OSS Payment Gateway Terms of Service
Release Date: 10-December-2017
Appzia Technologies integrates in its Products various Payment Gateways provided by Third Party Payment Gateway Companies or Banks. The usage of the Payment Gateway integrated with the Appzia Technologies Products is subject to the following Payment Gateway Terms.
"Appzia Technologies", "We" represent the "Service Provider" and are interchangeable. It also represents any subsidiary company of Appzia Technologies.
"Products" imply all offerings of Appzia Technologies, that are SaaS (Software as a Service) Products including but not limited to the Portals: onlinesocietysolution.com and the Mobile Apps: OSS app & OSS Gatekeeper app, OSS Admin...
"Association" and "Society" are used interchangeably. This Term can also be used to indicate Property Builder, Facility Management Company, or any organisation authorised by Payers to collect from them.
“APGI” shall mean OSS Payment Gateway Integration, and will imply all screens on the Products of Appzia Technologies where Online Payment functionality is made available.
"APGI User" means any person holding a Valid Credit Card/Debit card/Net Banking Account and who desires to pay the Association for the Services listed by the Association on the Products of Appzia Technologies, and makes payment for the same over the Internet on any of the Appzia Technologies’ Products using a Valid Credit Card/Debit Card/Net Banking Account.
“Issuing Bank” in respect of a APGI User, means the bank which has issued the Valid Credit Card to the APGI User with which APGI User makes the payment.
“Service” exclusively means any service that the Association offers to provide / has provided to the APGI User, the payment for which is being made by the APGI User.
“Card Associations” shall mean and include Master Card, Visa, Diners, American Express etc. which authorizes and enables credit card transactions.
Appzia Technologies integrates Payment Gateway in its Products, and makes it available for the collection of Dues by Associations subscribing to its Products on the Software as a Service model.
The APGI User utilises the APGI upon agreement with the below Terms. While the Terms apply to every APGI User, it is of utmost importance for the Association to understand and agree to these Terms before Activation of the APGI.
PAYMENT GATEWAY TERMS
Appzia Technologies has integrated third-party Payment Gateway(s) which can be availed by Associations for collecting Dues from its Owners/Tenants/Vendors. For this utility, Appzia Technologies plays the role of an Online Collection Agent for the Associations.
The Association further confirms, undertakes and assures Appzia Technologies, the Card Associations, the Acquiring banks and the facility providers that in the event of violation of any of the byelaws and Standards of the Card Associations, Acquiring Banks, Facility Providers and Appzia Technologies by the Association AND any penalty imposed by the Card Associations, Acquiring Banks, Facility Providers on Appzia Technologies for any violation for any reason whatsoever, the Association shall on receipt of the claim from Appzia Technologies undertakes forthwith without any demur, protest, dispute or delay, to pay to Appzia Technologies the amount of the penalty / fine imposed by the Card Associations, Acquiring Banks, Facility Providers on Appzia Technologies.
Appzia Technologies, the facility providers and the Acquiring Banks shall not be responsible for the quality of Services to the APGI User. (Services imply those provided by Association to the APGI User. Please refer to Definitions for details). Appzia Technologies, the facility providers and the Acquiring Banks shall also not be responsible for any non-delivery of the Services to the APGI User. Provided that any and all disputes regarding quality, non-delivery and delay in delivery of the Service or otherwise will be dealt with by and between the Association and the APGI User directly and Appzia Technologies, the facility providers and the Acquiring Banks shall not be a party to such disputes.
The Association hereby undertakes and agrees to indemnify Appzia Technologies, the Facility Providers and the Acquiring Banks and hold Appzia Technologies, the Facility Providers and the Acquiring Banks harmless and keep Appzia Technologies, the Facility Providers and the Acquiring Banks at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of Appzia Technologies, the Facility Providers and the Acquiring Banks on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising directly or indirectly as a result of:
Example of specific situations could result in a charge back claim. a) The APGI User moves out of the Residential Complex, the Move-Out fee is levied on the APGI User. The APGI User makes payment using his credit card, and later claims to the Credit Card company, claiming it to be an incorrect Payment. In this situation, the responsibility rests with the Association to have adequate documentation, to prove that the APGI User was a Member of the Association, as well as Bye-Laws that substantiate charging of the Move-Out Fee. In absence of such substantiations, or upon non-acceptance of any such substantiation by the Acquiring Bank, Credit Card company or Card Associations, any resulting charge back (cancellation of the payment by the credit card) has to be refunded by the Association.
(2)The indemnities under this Article are in addition to and without prejudice to the indemnities given elsewhere in this Payment Gateway Terms and all the indemnities provided herein shall survive the termination of the Subscription Agreement.
(1) Appzia Technologies, the Acquiring Banks and the Facility Providers disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose. The Association acknowledges that the Appzia Technologies, the Facility Providers and the Acquiring Bank’s services may not be uninterrupted or error free. The Association also acknowledges that the services provided by the Acquiring banks and the facility providers to Appzia Technologies which is passed on to the Association under the APGI agreement, can be in any event be brought to an abrupt end in any event whatsoever by any of the acquiring banks or the facility providers for any reason whatsoever.
2) Appzia Technologies’ sole obligation and the Association’s sole and exclusive remedy in the event of interruption to the Services or loss of use and/or access to the Products of Appzia Technologies, the facility Providers facilities and the Acquiring Bank’s Payment Mechanism and services, shall be to use all reasonable endeavours to restore the Services and/or access to the Payment Mechanism as soon as reasonably possible.
Without prejudice to any other provision of this Agreement, Appzia Technologies, the Facility Providers and the Acquiring Banks does not warrant that: - a. The Products of Appzia Technologies, the facility providers facilities and the Acquiring Bank’s Payment Mechanism will be provided uninterrupted or free from errors or that any identified defect will be corrected; or
(3) For the avoidance of doubt, in no event shall Appzia Technologies, the Facility Providers and the Acquiring Banks be liable to the Association or any other third party for any of the following: a. amounts due from APGI User in connection with any service obtained by the APGI User from the Association; b. any applicable taxes and Government levies;
Appzia Technologies, the Facility Providers and the Acquiring Banks reserves the right to impose limits on the number of purchases which may be charged on an individual credit card account during any time period, and reserves the right to refuse to make payments in respect of transactions exceeding such limit or from APGI Users with a prior history of questionable charges.
Appzia Technologies may terminate the APGI Agreement with prior written notice to the Association of at least 30 days if the Association commits any breach of the terms of this Agreement.
In addition to any other termination rights granted by this Terms of Service, Appzia Technologies may terminate the Agreement immediately without liability upon verbal or written notice if (i) Appzia Technologies or the Facility Providers or the Acquiring Banks is notified or otherwise determines in good faith that the Association is using the APGI in furtherance of any activity which violates any law, rule, or regulation or (ii) Appzia Technologies, the Acquiring Banks or the Facility Providers or any of their directors, officers, stockholders, employees or agents are made the subject of a criminal or civil action or investigation or are threatened by such action as a consequence of use of the APGI by the Association.
In addition to any other termination rights granted under this Terms of Service, either Party may terminate this Agreement on 30 days written notice to the other.