Terms of service

The Website and/or Web Application and/or the Mobile Application (as defined hereinafter) is provided by EmerSys Limited Liability Partnership company incorporated under the laws of India having GSTIN Number 29AAJFE2728G1ZC with its office at EmerSys Limited Liability Partnership No.3rd, Floor Akshay Tech Park Plot No72 and 73, EPIP Zone Whitefield Bangalore – 560 066. The WebSite/Web Application/Mobile Application is hereby referred to as “ezybill”. In these Terms of Service, the term "User" or “You” refers to you, the Person or entity using the Web Application, the Website and/or procuring any goods, service or product from ezybill. It is clarified that in case of a company, partnership, trust or any other legal entity which uses or accesses the Services or the ezybill Products, "User" shall include such company, partnership, trust or any other legal entity; ezybill offers the Web Application, Store, Website, platform and any other services conditioned upon the User’s acceptance of all terms, conditions, policies, and notices stated here. By procuring a service from ezybill, or by use of the Web Application, Website and/or Mobile Application or platform, the User agrees to be bound by these terms and conditions ("Terms of Service" or "Terms"), as applicable, to the use of the Web and/or Mobile Application, Store, Desktop Application, Website, platform and any services provided by ezybill. Please note that by use of the Web Application, Mobile Application, Store, Desktop Application, Website and any services provided by ezybill, the User also agree to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation ezybill’ Privacy Policy, Acceptable Use Policy, Cancellation and Refund Policy, Referral Policy and other policies of ezybill and the rules applicable to each ezybill Products or Services. These Terms of Service apply to all users of the Web Application, Mobile Application, Desktop Application, Website, platform and any services provided by ezybill, except as may be specifically agreed otherwise in writing. Please read these Terms of Service carefully before accessing or using the Web Application, Mobile Application, Desktop Application, Website, Store and any services provided by ezybill. By accessing or using any part of the WebApplication, Website, Store or by the use of any services provided by ezybill, the User agrees to be bound by these Terms of Service. If the User does not agree to all the Terms of Service of this agreement, then the User may not access the Web Application, Mobile Application, Desktop Application, Store, Website, platform or use any products, application or services provided by ezybill. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service. Any new product or services provided by ezybill, or any new features or tools which are added to the Web Application, Mobile Application, Desktop Application Website, platform shall, unless specifically stated otherwise, be subject to these Terms of Service. The User can review the latest version of the Terms of Service at any time at this page. ezybill reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to ezybill’ application, website or platform. It is the User’s responsibility to check the said link periodically for changes. Following the posting of any changes, the User’s continued use of or access to the Web Application, Mobile Application, Desktop Application, Website, Store or any other products or services from ezybill, constitutes acceptance of such revised Terms of Service.

1. Privacy Policy

These Terms of Service refer to, incorporate, and include the privacy policy of ezybill which sets out the terms on which ezybill process any personal data ezybill collects from the User, or that the User provides to ezybill. By using the ezybill Products, the User consents to such processing and the User warrants that all data provided by the User is accurate. The latest version of the Privacy Policy can be accessed at https://ezybill.in/privacy-policy.html

2. About Us

The ezybill Products provide access to invoicing, business accounting management and inventory management through the Web and/or Mobile Application.

3. Definitions

Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:

“Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgement, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time;

“Content” shall mean any content published, uploaded, shared, distributed or transmitted by the User on ezybill Products including the products listed on the Store by the User and their descriptions, prices, and any other content uploaded;

“Web Application” means the computer application developed by ezybill for availing the Services through hosted environment and/or cloud requiring an active internet connection accessed via standard browsers provided by the operating system;

“Mobile Application” means the computer application developed by ezybill for availing the Services through hosted environment and/or cloud requiring an active internet connection and accessed via a smartphone or tab;

“Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange;

“Fees” means the fee payable for availing of the Services, as specified by ezybill.

“ezybill Products” means, collectively, the Web Application, Mobile Application, Desktop Application, Website, and any other products provided by ezybill to the Users from time to time;

“Intellectual Property Rights” means:

• (a) patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in know how and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
• (b) rights under licences, consents, order or statutes or otherwise in relation to a right under paragraph (a);
• (c) rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist;
• (d) the right to sue for past infringements or any of the foregoing rights.

“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law;

“Services” means the invoicing, business and accounting management, inventory management and any other software service provided by ezybill to an User through the Web Application, Mobile Application, Website, and any other ezybill Products from time to time;

4. Changes to the Terms of Service

• 4.1
  ezybill may revise these Terms of Service at any time by amending this page. The User must check this page from time to time to take notice of any changes made to these Terms, as they are binding on the User.
• 4.2
  ezybill may, without prior notice, change the Services or the ezybill Products; add or remove functionalities or features; stop providing the Services or the ezybill Products, or features of the Services or the ezybill Products, to the Users (specifically and generally); or create usage limits for the Services or the ezybill Products.

5. Acceptance of the Terms of Service

• 5.1
  The User agrees that the User shall be bound by these Terms by accessing or using the ezybill Products, or by otherwise availing of the Services from ezybill. If the User does not accept these Terms of Service, the User shall not open an account for availing of the Services or using the ezybill Products.
• 5.2
  For the User’s use of the ezybill Products and Services, ezybill grants the User a limited, non-exclusive, non-transferable right to install and / or use the ezybill Products. However, the User shall not copy the ezybill Products or any of its components.
• 5.3
  ezybill also grants the User a non-exclusive, non-transferable licence to access such content on the ezybill Products which is owned by ezybill. For using any content owned by a third party Person, the User still require a licence from such third party Person (including, without limitation, the Software Providers), and ezybill does not licence such content to the User and the User’s use of content owned by a third party Person, including any content owned by the Software Providers, is governed by applicable terms and conditions prescribed by such a third party Person.

6. Conditions for use

• 6.1
  By agreeing to these Terms of Service, a User (which such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under Applicable Laws to accept these Terms of Service. The User represents and warrants that the User has the full power and authority to accept the Terms of Service, access the ezybill Products and use the Services provided by ezybill, under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms. All Services by ezybill are governed by these Terms of Service. Where the Services are availed by a company, partnership or any other legal entity, the User represents and warrants that the entity has the full power and authority to accept the Terms of Service and such Terms of Service shall bind such company, partnership or any other legal entity, as applicable.
• 6.2
  In case ezybill alters or amends the eligibility criteria to be registered for receiving the Services and the User no longer comply with the new eligibility criteria, as determined by ezybill in its sole discretion, the User accepts that ezybill may restrict or suspend the access to the Services without any liability for ezybill. The User is solely responsible for ensuring that the User is in compliance with these Terms of Services.
• 6.3
  Please note that the ezybill Products will be also subject to the Additional Terms and the terms of use of the Software, as applicable. If there is any conflict between the Additional Terms, the terms of use of the Software, and these Terms of Service with respect to a User’s use of the ezybill Products, then, these Terms of Service shall prevail.
• 6.4
  The User agrees that the User shall, as required or instructed by ezybill, update the ezybill Products (if so required) and / or any device to operate the ezybill Products, as may be instructed by ezybill.
• 6.5
  The User shall co-operate with ezybill and its officers, representatives, directors and agents and render assistance to the ezybill in integration of the ezybill Products, if so required by ezybill, for the purpose of enabling and providing the Services.
• 6.6
  The User shall ensure that there are proper security measures at its respective desktop,laptop or mobile device or other device used to access the ezybill Products to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.

7. Availability of the Services and the ezybill Products

• 7.1
  The User may not use the Services or the ezybill Products for any illegal or unauthorised purpose nor may the User, in the use of the ezybill Products, violate any Applicable Laws (including but not limited to copyright laws). ezybill reserves the right to refuse or discontinue the Services or the ezybill Products to anyone for any reason at any time.
• 7.2
  The User agrees and understands that certain features and services on the ezybill Products are paid only and can be accessed on payment of Fee. For accessing such paid only features and services, the User agrees and undertakes to pay the Fee, as displayed on the ezybill Products. The User agrees and accepts that ezybill has arrangements with authorised affiliates, banks, financial institutions and payment processors for the collection of the Fees and the User shall strictly adhere to the terms of such authorised affiliates, banks, financial institutions and payment processors with respect to the payment of Fees. In case ezybill or its authorised affiliates, banks, financial institutions and payment processors are unable to collect the Fees from the User for any reason whatsoever, including, without limitation, on account of any technical malfunction, the User agrees and undertakes to promptly pay the Fees to ezybill or its authorised affiliates, banks, financial institutions and payment processors. In case of the non-payment of the Fees, ezybill reserves the right to discontinue the paid only Services and/or restrict the User’s access to the paid only features and services on ezybill Products.
• 7.3
  The Fees for the Services or any other services provided by ezybill, as displayed on the ezybill Products, are subject to change. ezybill reserves the right to modify the Fee at any time with a notification to the User. In case of the User’s continued use of the ezybill Products, it shall be deemed that the User has accepted such revised Fees.
• 7.4
  The User agrees to promptly update the User’s account and other information required by ezybill, including the User’s email address, mobile number, personal details, and details of a User’s payment instrument, in connection with the provision of the Services. The User undertakes to provide all such information, documents, and data as may be required or instructed by ezybill for the use of the Services.
• 7.5
  The User will be required to set up an account with ezybill on the ezybill Products for the use of the Services. The User will be required to provide personal details, login information, a password and other information required by ezybill in connection with the setup of the account. In case of any inaccuracy or material omission in the information provided by the User to ezybill, ezybill reserves the right to discontinue provision of the Services or prevent the User’s right to access the ezybill Products.
• 7.6
  The User hereby grants ezybill the right to access all information, data and details stored or available on the Software, including, without limitation, any Confidential Information, that is required or necessary for ezybill for the provision of the Services. The User agrees and accepts that ezybill may store, transfer, process and utilize the information, data and details of the User, including, without limitation, any Confidential Information, in connection with the provision of Services, including without limitation, store such information, data and details in the servers of ezybill. Independent of the User's registration under the applicable Do Not Disturb (DND), Do Not Call (DNC) or the National Do Not Call (NCPR) databases, the User agrees and accepts that ezybill or any of its affiliates may contact the User, through either email or phone call or SMS, and offer the Services, including but not limited to the dissemination of information about ezybill Products, and promotional offers by ezybill, its affiliates or associated third parties.

8. Restrictions on the use of the ezybill Products

• 8.1
  ezybill provides the ezybill Products for use by the Users for availing the Services that are provided by ezybill. The User agrees that the User shall not use the ezybill Products or the Services in any manner inconsistent with these Terms of Service, the terms and conditions of the Software Providers, or in breach of Applicable Laws.
• 8.2
  The availability of the ezybill Products or the Services is subject to the maintenance of an active computer / mobile phone, electricity, internet connection and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of the ezybill Products, or the Services due to a deficient or defective computer / mobile handset or the internet service provider not being able to support the ezybill Products or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the ezybill Products, or the availability of the Services.
• 8.3
  The User shall be solely responsible for the confidentiality, safety and security of the user account opened by the User. The User shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of User’s account. In case the password is lost or misplaced, the User shall promptly inform ezybill. In case the username and the password associated with the User’s account is lost/stolen/misplaced/hacked/no longer in the User’s control, The User shall promptly inform ezybill. ezybill will upon receipt of such information block the relevant account.
• 8.4
  The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the ezybill Products or any component or content thereof, available to any third parties prior to the prior written consent of ezybill.
• 8.5
  The User shall not, directly or indirectly, attempt to exceed the scope of authorized access to the ezybill Products, account information or other areas of the ezybill Products or solicit passwords, transfer any part of Your account to any third party.
• 8.6
  The User shall not circumvent or disable any digital rights management, usage rules, or other security features of ezybill Products; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the ezybill Products; and not use the ezybill Products in a manner that threatens the integrity, performance, or availability of the ezybill Products.
• 8.7
  Without limiting the foregoing, the User agrees that the User shall not use the ezybill Products, or the Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
  • a. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  • b. infringes any patent, trademark, copyright or other proprietary rights;
  • c. contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person's computer, its web-sites, any software or hardware, or telecommunications equipment;
  • d. is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  • e. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
  • f. violates any law for the time being in force;
  • g. belongs to another Person to which the User does not have any right to;
  • h. interferes with or disrupts the ezybill Products or other ezybill websites, servers, or networks;
  • i. impersonate any other person;
  • j. harms minors in any way;
  • k. forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User’s presence on its websites;
  • l. engages in any illegal activities;
  • m. defame ezybill, the Software Providers, and their employees, officers, directors, agents, partners and service providers, including without limitation, by posting any defamatory content on any social media;
  • n. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
• 8.8
  The User shall not attempt to or engage in any activity that may:
  • a. reverse engineer, decompile or otherwise extract the source code related to the ezybill Products or the Software or any part thereof, unless it is expressly permitted by ezybill to the User in writing or is required by the Applicable Law;
  • b. use any robot, spider, retrieval platform, or other device to retrieve or index any portion of the ezybill Products, Software or content thereof;
  • c. collect information about other Users for any illegal or unlawful purpose;
  • d. create any User accounts by automated means or under false or fraudulent pretences for using the ezybill Products;
  • e. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the ezybill Products;
  • f. use the ezybill Products in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the ezybill Products, or interfere with any other third party Person's use and enjoyment of the ezybill Products;
  • g. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the ezybill Products or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the ezybill Products or any part of the ezybill Products or any other User of the ezybill Products;
• 8.9
  The User shall not use the ezybill Products or the Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of ezybill or violate the Terms of Service.
• 8.10
  The User agrees and accepts that ezybill shall not and is not required to mediate or resolve any dispute or disagreement between User and customers.

9. ezybill’s rights

• 9.1
  ezybill reserves the right to suspend/discontinue the ezybill Products, Services and any other products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:
  • a. For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service.
  • b. For any suspected discrepancy in the particular(s), documentation or information provided by the User;
  • c. To combat potential fraud, sabotage, wilful destruction, threat to national security, for any other force majeure reasons etc.;
  • d. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
  • e. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
  • f. If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner;
  • g. If the User indulges in any abusive or aggressive or threatening behavior or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of ezybill or any other User; and
  • h. If ezybill believes, in its reasonable opinion, that cessation/ suspension is deemed necessary.
• 9.2
  ezybill may at its discretion, remove Content and suspend or terminate a User’s account if it is found that the goods or services offered via a Store, or the materials uploaded or posted to a Store, violate the Acceptable Use Policy (“AUP”) or these Terms of Service.

10. Accuracy of information

• 10.1
  ezybill is not responsible if information made available on the ezybill Products (including any information in relation to the Services) is not accurate, complete or current. The material on the ezybill Product is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this ezybill Product (including any information in relation to the Products) is at the User’s own risk.
• 10.2
  The ezybill Products may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. ezybill reserves the right to modify the contents of the ezybill Product at any time, but ezybill has no obligation to update any information on the ezybill Products. The User agrees that it is the User’s responsibility to monitor changes to the ezybill Products or any other information provided in connection with the Services.
• 10.3
  ezybill undertakes no obligation to update, amend or clarify information on the ezybill Products or on any related website, or in relation to the Services, including without limitation, pricing information, except as required by Applicable Laws. No specified update or refresh date applied in the ezybill Product or on any related website, should be taken to indicate that all information in the ezybill or on any related website has been modified or updated.

11. Warranties

• 11.1
  No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with ezybill Product or any data/content, including without limitation, the Services. While ezybill may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its products/services, ezybill does not warrant that products/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program ormacros. ezybill provides the ezybill Products, the Services and other products/services an “asis”, “where is”, “with all faults” basis.
• 11.2
  The User acknowledges that he/she has not solely relied on any representation/warranty made by ezybill or its service providers, subcontractors or agents and has made independent assessment of ezybill Products, ezybill’s products/services, including without limitation, the ezybill Products. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the ezybill Products or on the Internet generally

  ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE EZYBILL PRODUCTS OR SERVICES.

• 11.3
  The User represents and warrants that:
  • a. The User shall be solely responsible for setting and displaying the terms and conditions for sales on the Store including without limitation policies for sale, refund, return and their timelines.
  • b. The User shall inform its customers in a clear and cogent manner in its terms and conditions of sale that the goods and services being provided on the Store are provided by the User and not by ezybill.

12. Exclusions of liability

• 12.1
  Notwithstanding anything to the contrary ezybill, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for:
  • a. any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use ezybill Products, the Services or any other products/services of ezybill and data/content or reliance on those, including without limitation, in case of the Services, the ezybill Products, howsoever caused and regardless of the form of action (including tort of strict liability);
  • b. any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
  • c. any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access ezybill’s products and services, including without limitation, the Services, the ezybill Products.
• 12.2
  ezybill shall not be liable for any inconvenience, loss, cost, damage or injury suffered by the User or any third Person arising from or caused by:
  • a. act or omission of any third party including but not limited to any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing;
  • b. the use of ezybill products and services, including without limitation, the Services, the ezybill Products by third Persons, whether authorised or unauthorised by the User;
  • c. theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details and password, hardware and/or equipment on which the ezybill Products are accessed or operated;
  • d. the User being deprived of the use of the ezybill Product as a consequence of any act or omission by ezybill for any reason including but not limited to compliance with any applicable laws and/or regulations and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.

  NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL EZYBILL OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, THE SERVICES, THE EZYBILL PRODUCTS, OR ANY REFERENCE SITE, APP, PRODUCTS OR SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE SERVICES, THE EZYBILL PRODUCTS, OR OTHER PRODUCTS OR SERVICES OF EZYBILL OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH EZYBILL; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT OR IN EQUITY INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR INEXCESS INR 1,000, OR ANY AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LOWER.

• 12.3
  ezybill shall make all best efforts to provide uninterrupted services subject to down time and regular maintenance. Notwithstanding anything in these Terms of Service, the User acknowledges that the ezybill Products and the Services may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. ezybill shall adopt all such best technical and non-technical security measures that it considers are appropriate and are the same as that is prevalent in the industry to render the Services, however ezybill does not guarantee that such security measures cannot be subverted to gain unauthorized access. In the event of interruption to the Services or loss of use and/or access to the ezybill Products, ezybill shall use best endeavours to restore the Services and/or access to the ezybill Products as soon as reasonably possible.
• 12.4
  ezybill is not responsible for any Content uploaded by the User on the ezybill Products. ezybill is not responsible for any direct or indirect damages or losses caused to the User, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the ezybill Products. It is solely the User’s responsibility to evaluate the accuracy, reliability, completeness and usefulness of information and content available on the ezybill Products that is used by the User.

13. Third party services

• 13.1
  ezybill may provide the User with access to third-party tools and services and certain content, products and services available by ezybill may include materials from third parties which ezybill neither monitor nor have any control over. Third-party links on the ezybill Product may direct the User to third-party websites that are not affiliated with ezybill.
• 13.2
  The User acknowledges and agrees that ezybill provides access to such links, website, tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement and ezybill does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any materials, products, or services of third-parties. ezybill shall have no liability whatsoever arising from or relating to the User’s use of optional third-party tools and services. The User is requested to review the third-party’s policies and practices carefully and make sure that the User understands them. Complaints, concerns, or questions regarding third party products should be directed to the third-party.

14. Viruses

• 14.1
  The User will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User shall not attempt to gain unauthorised access to the ezybill Products, the server on which the ezybill Products is stored or any server, computer or database connected to the ezybill Products. By breaching this provision, the User would commit a criminal offence under the Information Technology Act, 2000. ezybill will report any such breach to the relevant law enforcement authorities and the ezybill will cooperate with such Governmental Authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the ezybill Products and the Services will cease immediately.
• 14.2
  ezybill will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect the User’s computer equipment, computer programs, data or other proprietary material due to the User’s use of the ezybill Products or the User’s downloading of any information and content on it, or on any website linked to it.
• 14.3
  The User should use the User’s own virus protection software. ezybill cannot and do not guarantee or warrant that files available for downloading from the ezybill Products will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.

15. Cancellation and refunds

• The User’s cancellation of subscription of ezybill Products and applicable refunds shall be governed by ezybill Cancellation and Refund Policy available at https://ezybill.in/cancellation-policy.html

16. Intellectual property

• 16.1
  All Intellectual Property Rights in the ezybill Products or the Services belong to ezybill or the applicable third-party owner of such rights, including without limitation, the Software Providers. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licences, as may be specifically agreed in writing. ezybill retains ownership of all right, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by the ezybill.
• 16.2
  No part or parts of the ezybill Products may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without prior written permission from ezybill. The User may view, print or use ezybill’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.
• 16.3
  The User shall not claim any rights or interest in the Intellectual Property Rights of ezybill, or in connection with any other services, features or product offered by ezybill to the User, including without limitation, the ezybill Products or the Services. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of ezybill (including without limitation any Intellectual Property Rights licensed to the Company by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation:
  • a. converting the IP Property from a machine-readable form into a human-readable form;
  • b. disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof;
  • c. examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behaviour in response to a variety of inputs;
  • d. performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or
  • e. making any alteration or change to the IP Property without the express prior written consent of ezybill.

17. Content

• 17.1
  ezybill does not claim any Intellectual Property Rights over the Content You provide on the Store. All rights in the Content a User uploads remain with the User.
• 17.2
  By uploading Content, You agree: (a) to allow other internet users to view the Content you post publicly to your Store; (b) to allow ezybill to store, and in the case of Content you post publicly, display and use your Content; and (c) that ezybill can, at any time, review and delete all the Content submitted through a ezybill Product, although ezybill is not obligated to do so.
• 17.3
  You retain ownership over all Content that you upload to the Store; however, by making your Store public, you agree to allow others to view Content that you post publicly to your Store. You are responsible for compliance of the Content with any applicable laws or regulations.
• 17.4
  Notwithstanding anything contained in clause 17 (Intellectual Property), ezybill shall have the non-exclusive, worldwide and royalty free licence to use the names, images trademarks, service marks and logos associated with your Store to promote its Services. You grant ezybill a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of any Content provided by You, including photos and videos of the products listed by You

18. Indemnification

• The User agree to indemnify, defend and hold harmless ezybill, the Software Providers and their respective parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“IndemnifiedParties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party. The User shall indemnify, defend and hold harmless the Indemnified Parties (whether or not arising out of third-party claims) from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of a) any Content posted by User on the ezybill Products; b) any non-performance by User or breach of any contract or transaction with their customers through any ezybill Products; c) breach of data privacy and confidentiality obligations; or d) fraud, wilful misconduct or gross negligence or or (e) any third party claims due to the Content posted by the User or use of the Ezybill in violation of these Terms of Service by the User.

19. Severability

• In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. Waiver

• If ezybill does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by ezybill, unless specifically agreed by ezybill in writing.

21. Force Majeure

• 21.1
  For purposes of these Terms of Service, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation an act of war, hostility, or sabotage; act of God; pandemic, epidemic electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other licence); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Service (other than an obligation to pay money) or provision of the Services.
• 21.2
  If a Force Majeure Event occurs, the party that is prevented from performing (the“Nonperforming Party”) will be excused from performing those obligations rendered un-performable by the Force Majeure Event. Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the other party of occurrence of the Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter, the Nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the Non performing Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance pursuant to these Terms of Service.

20. Waiver

• If ezybill does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by ezybill, unless specifically agreed by ezybill in writing.

22. Relationship of the parties

• The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and ezybill as a result of these Terms of Service, the User’s use of the ezybill Products, or the availing of Services from ezybill.

23. Assignment

• The User shall not assign or transfer the rights and obligations of the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without ezybill’s prior written consent. ezybill may assign or transfer the rights and obligations contained in their Terms of Service to any Person.

24. Governing law and jurisdiction

• a. These Terms of Service will be governed by the laws of the India without any application of conflict of laws principles.
• b. In case of any differences, disputes or disagreements between the User and ezybill(“Dispute”), the User and ezybill shall attempt to amicably resolve such dispute within 30 days from the date on which such Dispute arose.
• c. In case the User and ezybill are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at the option of the User or ezybill, be referred to arbitration by a sole arbitrator appointed by ezybill. The seat of arbitration shall be Bangalore and the language of arbitration shall be English. The award of the sole arbitrator shall be final and binding on the User and ezybill.

25. Confidentiality

• For the purposes of this Terms of Service, the term “Confidential Information ” shall mean and include all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secret of the User relating to its business practices and considered to be confidential and proprietary information. ezybill shall strictly safeguard the Confidential Information and shall take all the necessary action to protect it against misuse. ezybill shall be entitled to disclose the Confidential Information where:
  • a. Where such Confidential Information is in or enters the public domain without ezybill’s default;
  • b. Where such Confidential Information is known to ezybill at the time of first receipt, or thereafter becomes known to the ezybill prior to such disclosure without similar restrictions from a source other than the User, as evidenced by written records;
  • c. Where such Confidential Information is disclosed to employees, consultants, auditors, advisors and shareholders of the Party who are under a duty of confidentiality, or pursuant to Applicable Law or order of any Governmental Authority;
  • d. Where such Confidential Information is required to be disclosed to partners of ezybill for the provision of Services (including, without limitation, any services to be provided by the partners).
  • e. Where such Confidential Information is required to be disclosed in compliance with the Applicable Laws. In case the User comes into possession of any Confidential Information of ezybill the User shall safeguard the same and shall not disclose such Confidential Information without the prior written consent of ezybill.

26. Contact Information

• 26.1
  Questions about these Terms of Service should be sent to ezybill to support@ezybill.in. Any notices to ezybill in connection with the ezybill Products or these Terms of Service must be sent to the details given below:
  Emersys LLP
  No.3rd, Floor Akshay Tech Park Plot No72 and 73,
  EPIP Zone Whitefield
  Bangalore – 560 066
• 26.2
  Notice shall be sent to the contact address set forth here (as such may be changed by notice given to the other party), and shall be deemed delivered as of the date of actual receipt.
• 26.3
  ezybill may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number, or by an email to the email address of the User available on record with ezybill. The User’s agree that in case there are any changes in any information provided by the User to ezybill, including the User’s phone number, email address and other contact details, the User will be solely responsible to update them regularly. The User agrees that all agreements, notices, disclosures and other communications that ezybill provides to the User’s electronically satisfy any legal requirement that such communications be in writing. If ezybill sends any communication by e-mail or to the User’s phone number, it shall be sent to the User’s e-mail address or phone number available on the records created by the User on the ezybill Products and it shall be deemed to have been received by the User once it is reflected as sent in the outbox of the ezybill e-mail id or at the time of dispatch of the message.

27. Cumulative rights

• The rights and remedies of ezybill provided in this Terms of Service are not exclusive, but are cumulative upon all other rights and remedies to the full extent allowed by law.

28. Cancellation and Termination

• 28.1
  You may cancel your account and terminate the Terms of Service at any time by contacting ezybill support and then following the specific instructions indicated to you in ezybill’ response.
• 28.2
  Upon termination of the Services by either party for any reason:
  • a. ezybill will cease providing You the Services and You will no longer be able to access your account;
  • b. Unless otherwise provided in the Terms of Service, You will not be entitled to any refunds of any Fees, pro rata or otherwise;
  • c. Any outstanding Fee owed to ezybill for your use of the paid only Services through the effective date of such termination will immediately become due and payable in full; and your Store will be deleted.
• 28.3
  ezybill reserves the right to modify or terminate the ezybill Products, the Terms of Service and/or Your account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

29. Entire understanding

• These Terms and Conditions constitute the entire agreement between ezybill and the User pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the ezybill and the User.