Terms And Conditions
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Terms and Conditions
Terms last updated 10/08/2023
Nithra Apps India Pvt. Ltd (“Company or “We” or “Our” or “Us”), having the office at A V Plaza, 4th floor, S Car St, Tiruchengode – 637211, Tamil Nadu, India which owns and operates a web/mobile application “Nithra People” has its availability in iOS and android based applications (“app’) and the website: https://nithrapeople.com/. Together the application and the website is referred as the “Site” or “Nithra People”. #The Users (where here collectively referred as “Users” or “User” or “You” or “Your”) who may access our site from a mobile phone or computer (via an app or iOS, for instance), these terms and conditions govern your use of our website and your conduct in all means of access. Before using the site, you confirm to us that you accept all of these Terms and Conditions and agree to act as per them. The Terms and Conditions or Terms of Use and the Privacy Policy of our website will be modified from time to time and the users must strictly agree with the up-to-date amendments.
Whether you read our Terms and Conditions or not, remember that you are acknowledging to bind by our policies without any limitation or qualification in order to access and use our site. We suggest you to read the Terms and Conditions carefully in this following agreement as your access and browsing to our website acknowledges us your full-pledged agreement. In case, our Terms and Conditions or any of our policies disturbs your privacy, kindly avoid using our site. The content and the material available on our site are under your responsibility and they are all legal in individual jurisdiction, through which you view or access the website or the contents.
USER REGISTRATION
The new users need to open a Nithra People account (“Account”) by filling the sign-up form in which you need to fill all the mandatory details and information’s about yourself or your firm and must sign-up through your registered mobile number. Once done with the sign-up process, the registered users must proceed with further updates such as updating your personal information (as mentions in privacy policy) at required level and you must solely take the responsibility of maintaining the confidentiality of your login credentials such as username and password, or any other activities carried out in your account. The information that you provide us must be accurate and can never be misleading. In case of any changes in the information that you provided us, you must ensure to inform us promptly for an effective communication with us. Any false or misleading information is identified in your account, the account will be deactivated immediately without any prior notice to you.
SUBSCRIPTION OF PLANS
a. Fees Payment
Nithra People offers its users both free and paid plans, but to avail advanced features on the site, the users must pay for our customized subscription plans. Note that the payment you make for any subscription plans is non-refundable at any circumstances. The users can pay us through the following modes:
i. Credit card or debit card
ii. Payment wallets
iii. Cheque
iv. UPI
v. Net banking via the authorized banks in India listed during the time of transaction.
The user can pay to the required subscription plan via any of the payment modes and can avail the subscription immediately.
b. Online Transactions and Payment Rules
As per the services provided by our site, you may use our services of transferring payment to you employees or staffs. In order to deal with the financial transactions our site may opt using third-party electronic payment processors or service providers (ESP’s). To handle the account deposits and withdrawals and to instruct the ESP’s you give us the authority permanently. You also authorise us to instruct the ESP’s on your behalf. In usage of each ESP you agree to bind with the Terms and Conditions as mentioned. In case of mere conflicts between these Terms of Use and ESP’s Terms and Conditions, these Terms of Use shall come out ahead.
The instruments used to make payments should be owned by the users. We also need to mention you that Nithra People is not a bank, a financial institution, or a non-banking financial corporation. For the services offered on our site, we are maintaining a nodal bank account. To effect the payments to other users, the payment instructions provided by our users are all submitted to the nodal bank.
The online transactions, financial transactions, online banking and other payments made through the site should all be administered and managed by the users through their sole responsibility. The users are solely responsible for all the transferring of funds via offline or online methods acquainting themselves with, complying with all the laws of India applicable for. Users must ensure that they are complying with the rules and regulations framed by Reserve Bank of India (RBI) as updated till date and any other violation over the rules of online money transactions over the requirements by the RBI and other Indian Laws shall be solely imputed over the concerned user and we are not to be held liable in any of this regard.
In the event of the initiated payment failures over the instructions you issued for any reason, we will notify you through WhatsApp or SMS or send you notifications to the registered mobile number for this regard. We held no further responsibility for the transaction failures on the site.
c. KYC verification
To use certain features and to avail eligible services, we may ask the users to update certain information and documents on the site and is not limited to their KYC Documents / identification documents. Hereby the users give authority to Nithra People or any third-party service providers which they engage with to process the KYC Documents to understand and ascertain the user’s eligibility criteria. The user must ensure and agree to provide us with true, valid and overall up-to-date KYC Documents. Any misleading or false information provided by the users shall constitute a violations over these terms and the user will be limited or denied in using certain featured of the services.
d. False / Misleading Information
During the registration process the users must provide us with true, complete and no misleading information and documents. In case of any changes in the information that you provided us, you must ensure to inform us promptly for an effective communication with us.
REFUND POLICY
a. Refund of Subscription Fee
Whether the user consumes the paid or availed services or not, the amount paid for subscription is non-refundable (Read our payment and refund policy). The availed period of subscription plans will be active until the mentioned period of time and can never be ended in between for any cause. In case of any scam or fraudulent transactions or any error happen in between the transaction or an incorrect amount is been charged, in such cases the amount will be refunded after a successful verification from our end.
b. Refund related to transactions on the Site
In case of any incorrect transactions and or if our site is unable to process the payment instructions issued by the user, then we held no responsibility for the money on such issues under following conditions:
i. In case of UPI transactions or online banking when the pin is incomplete, incorrect, invalid, delayed or any other issue with payment instructions from user end.
ii. When the user does not have sufficient amount in their account during the transaction process.
iii. When the available fund in your account is under any liability or charge.
iv. When your bank has server issues or issues in processing the transactions and makes delay in the payment.
v. In case of any unavoidable cause.
vi. If there is poor network in the service provider or any failure in the credit card services.
DESCRIPTION OF SERVICES OFFERED IN OUR SITE
Nithra People provides its users an overall solution for employees or staff payroll and attendance management for small to large scale businesses. Through our subscription plans, users can avail staff payroll processing services, cash flows, employee attendance management and related payment and attendance reports.
RESPONSIBILITIES
a. Our Responsibilities for the Users
The users can access our site with respect to the reasonable skill and care that we exercise towards you. We agree that we do not check or verify any of the details of the information that you acknowledged irrespective of the accuracy, integrity and quality of it and at any service bookings we do not guarantee the integrity, accuracy and quality over any information provided by third-parties. Hereby, Nithra People clarifies that we held no liability in cases of central labour laws and non-compliance of applicable state regarding to payroll services and other services available on the site.
b. Responsibilities of Users
When using the site, the users must abide to the Terms of Use. The user must take the responsibility of checking, verifying and any terms of support thereof any availed or rendered services and its details on the site. The users are solely responsible for all applicable laws including labour laws, local state and municipal laws and taxation regulations in dealing with third-party user and for your quality of the support provided and the performance that you agree to render or to get from a user.
i. The users must agree not to perform any fraudulent activities such as imitating any person or organisation, claiming falsely, or misrepresent your partnership with any person or organisation, or hacking others account without their permission, or misrepresent the source identity or otherwise availing our services with fraudulent potential funds
ii. While using our site as a registered user, the user must agree to compensate and hold us harmless over any money losses or claims that happens during the submit or transmit through the site or from any other modes that the user agree to receive or send from any user.
IMPERSONATION AND UNAPPROVED PRACTICES PROHIBITED
The users and any other unrelated third parties must not undergo any illegal or unapproved activities or any other practices against the site. As per the laws of India and other Jurisdictions users are prohibited from imitating or impersonating other user or persons or deal with any other prohibited dealings. In case of any prohibited activities or crimes or cybercrime committing is believed or noted by Nithra People from any user, the offender will have to face legal proceedings by regulatory or law enforcement agency of India or Foreign Jurisdiction. Nithra People has also the authority of suspending or terminating the User accounts in case of any fraudulent activities.
REPORTING BY USERS FOR CRIME AND CYBER CRIME ISSUES
In case of Users finding any criminal offenses over their user accounts, the users must held sole responsibility in complaining the crimes and to investigate, prosecute and file the required legal proceedings against the offenders and in such matters Nithra People will have no responsibilities for sharing the financial and investigation burdens of the User. However, Nithra People will support the users in the best of its capability in investigating such cases.
USERNAME
A Username will be generated for the registered users and the users must held responsible for keeping the username or “ID” confidential. The users must prevent the use of their username from any unauthorized dealings and must notify us immediately in case of any unauthorized use takes place. Nithra People has the authority to suspend or terminate or block any username in case of violating its Terms of Use. In case of transferring data from one User account to other, Nithra People held no responsibility.
USING THE SITE
Nithra People allows its registered users to create information such as user profile and the details regarding to the employees, and also the user can edit and submit the information when it is necessary. We do not take over any control on the submission of information but when it is necessary we do transfer, delete or edit any submitted materials. When using the site and when submitting or transmitting the users must agree to all the applicable laws and regulations. The users must not upload or transmit any contents that (i) is fake, dishonest or fraudulent (ii) is harassing, abusive, vulgar, harmful, threatening or objectionable under any law (iii) encourages or supports any criminal offence or breaches any code of practices or any applicable law (iv) brings copyright issues with any user or third party (v) contains any technical harmful issues including computer virus, malicious software or harmful data. To operate the site smoothly the users must grant us royalty-free license to use, modify, translate and make reproduce the available material and use them for appropriate purposes.
NOTIFICATIONS OR ALERTS
a. Nithra People may provide its users automated alerts and notifications to its users from time to time related to their user account on site. Automated alerts will also be sent regarding to change of registration information in your account or any other information changes. By accepting our Terms and conditions, the users agree to receive our notifications and alerts on their registered mobile number through WhatsApp or through push notifications.
b. In case any user changes their mobile number, the user must take the responsibility of informing us about the change of number as all our alerts and notifications are electronic and are sent to the registered mobile number through SMS, push notifications or WhatsApp. The users must choose a mobile device that accepts text messages and in case of any change in the mobile number, the number will be used to receive all kinds of alerts from user end.
c. In case of any alert or notification regarding your account information sent to your registered mobile number is authorised by any other person, Nithra People helps no responsibility over such cases as we make the efforts with seamless ability to provide you the best service. And we do not held responsibility for non-availability of any services in any manner.
d. The users must take the responsibility of updating or informing us about the change in their mobile number or email address. Once the new mobile number or email address is updated and linked in with the user account, then the notifications and alerts will be sent to the new number and email. The alerts or notifications sent through WhatsApp, push notifications or SMS are all for user convenience and Nithra People is not responsible if there is any error, omission or inaccuracy in those messages. If the user finds any error in the received information, the user can immediately notify us about it. Nithra People will try its best to rectify the error as soon as possible.
GENERAL TERMS AND CONDITIONS
a. To form a binding contract, the user must be an individual of legal age (if not the user must have the permission of their parents or guardian to use any of the services and to have them on their behalf to agree with these terms and conditions).
b. The user must agree that we may update our site automatically without prior notification to improvise the site usage and to maintain it up to date. In case any update is stopped by the user and not installed, the site may not work or may not work properly. Nithra People cannot guarantee that the updates we make for our site would support your system or device.
c. The users must use the site for their personal or business purposes in accordance with these Terms of Use. The user must not access the site through unauthorized interface.
d. The user is responsible to obey all the rules and regulations provided by the law and jurisdiction for the usage or our site. The user should also obey the codes of conduct, policies and notices provided by Nithra People and should be in connection with us and notify in case of any security breaches happens on the site.
SITE MODIFICATIONS
a. Nithra People has the right to change, modify, discontinue, add or remove any of its features with or without prior notices to the users. The cause for the changes may be permanent or temporary and the user must agree that Nithra People is not liable to its users or any third party on the modification or suspension of our site.
b. The users must not try to modify or hack the site or try to access the site via unauthorized systems or networks.
SERVICE TERMINATION
If the user breaches any of these terms and conditions or else use the site inappropriately, we may suspend or terminate the registered user account. The suspension or termination of the user account will not affect the statutory right or liabilities of both the parties.
INTELLECTUAL PROPERTY RIGHTS
a. The limitation to all the content and technology (all intellectual property) appearing or transmitted via the site are all belongs to us and our licensors.
b. Nithra People permits the users to access the site and use it accordance with the terms and conditions of the use and the users should not have the rights to modify, copy, derive code, sell, assign or transfer any of the material on or from the site.
CONFIDENTIALITY
a. The user ensure to keep this agreement confidential. The user must not disclose or make any public announcements of any information or relevant documents or contents available on the site covered by these terms and conditions unless required to do so. In case for any necessary to share the information of any of the above details, the person to whom which the information shared must maintain the confidentiality of the same.
b. Nithra People has the right to disclose any information or documents associated to the user or associated with any of their transaction on their side in the event such as:
(i) When the information or the documents are ceased to be confidential without our part.
(ii) When the documents and the information are received from a third party who did not received it confidentially and
(iii) When any court or government require the documents and information of the user.
PRIVACY
We explain how we collect, use and disclose the user information for the registration purposes and the how your personal information is maintained confidential through our privacy policy.
DISCLAIMERS
a. We try hard to make sure that the information available on our site are all correct, accurate and are up to date. Nithra People provides you the services and the users must use the services at their own risk. But we cannot assure that the information are all complete and accurate. In case a user downloads any content or material from our site, the user is solely responsible for any errors or damage happened in their system or device after the download. We do not provide you any oral or written advices or information for any of the services and there will be no warranty stated here.
b. Nithra People is not liable for any of the loss or data damage or stoppage of payment gateway, interruption of connectivity or any other damages. We solely try our best to get back the solution for all the interruptions and restore the services as soon as possible.
c. Users will also get access to third party information supplied to our site and we are not responsible for the inaccuracy or the error of those submitted information. We cannot promise you that the site will work continuously without any fault or it will meet your all needs or it will be available always. The site may shut for technical reasons like repairs maintenance or for updating new features.
INDEMNITY
a. We, our affiliate organisations, managing directors, associates and officers are not responsible for any of the losses or expenses or demands or fees or any other liabilities of the users that arise due to breaching these terms and conditions or violates any third party rights.
b. The user must agree to cooperate with us for our reasonable requests assisting our defence for any claim, suit or demand that we shall not provide.
c. The obligations in the above statement may survive the termination of the terms and conditions and your use of services on our site.
RESTRAINT OF LIABILITY
We, our affiliate organisations, licensors, agents, managing directors, associates and officers are not responsible for any of the losses or expenses or demands or fees or damages, or any other liabilities of the users. Nithra People and its partners are all not liable for any injury, claim, loss of income or profit, loss of opportunity, loss of data, goodwill of any other damage in any nature arising out of (i) the agreement or other policies (ii) our services, app or any other site services (iii) user inability of accessing the service, website, app, link even if we alerted about the possibility of any damages (iv) or any other transmissions with Nithra People.
FORCE MAJEURE
In case of unavoidable disputes such as fire, flood, earthquake, explosion, war or violence, by the act of God, interruptions caused by hosting services, failures in internet or internet servers, interruptions in electrical supply, and such hindrance or delay both parties are held non liable for non-performance to the extent they are affected by force majeure event.
PROCEDURE FOR COMPLAINING
You can reach us at people@nithra.mobi or contact us 24×7 at +91- 9363402061 / +91- 9363402062 in case of any query or complaints.
NOTICES
Any notices can be sent to us through email or our postal addresses mentioned below:
Nithra Apps India Private Limited
A V Plaza, 4th floor, S Car St, Tiruchengode,
Tamil Nadu – 637211, India.
GOVERNING LAW
The terms and conditions provided here are all constructed in accordance with laws of India and the parties themselves subject to exclusive jurisdiction of the courts at Namakkal, India.
DISPUTE RESOLUTION
Any dispute between the parties shall be resolved within 15 (fifteen) days or shall be referred to a sole arbitrator in accordance with the provisions of arbitration and conciliation act 1996. The place of arbitration shall be Coimbatore, India and the language used shall be English.
ENTIRE AGREEMENT
The user must acknowledge and agree that any promises, agreement, warranty or representation conveyed orally or in writing are all displaced with the terms and conditions and privacy policy represented here.
CHANGE IN TERMS OF USE
You must check these terms of use from time to time as we reserve rights to update these terms of use at any time without prior notification.
WAIVER
No waiver is construed valid for enforcing any provision or condition of the terms of use of any rights by us.
ASSIGNMENT
The users cannot assign any of their rights or obligations under these Terms of Use until they receive our written consent.
SEVERABILITY
If a court of competent jurisdiction held any of the provision in these terms of use as void, invalid or illegal, the all other provisions will remain in effect and full force.
I hereby agree to these Terms of Use. These Terms of Use has been last updated on Date.