Terms & Conditions

1.1.

This ToS shall come into effect upon registration and activation of Your account and on registration, you would be able to avail the Services you have elected to receive, subject to the terms and conditions of this ToS. By accepting this ToS, you further agree to be bound by any amendments to the terms and conditions of this ToS or to such terms and conditions as are incorporated herein by reference.

1.2.

All the terms and conditions and policies including the Privacy Policy, Disclaimers and Terms of usage of third-party service providers included as a reference herein constitutes the terms of Your usage of the Service and forms part of this ToS.

1.3.

By registering TrackFee and/or utilising the Services, you hereby unconditionally agree to be bound by this ToS and all the terms herein including the policies, disclaimers etc., which are incorporated herein by way of reference and if You do not agree to any of the terms, You shall not use the Services and use of the Services shall be deemed acceptance of the terms.

2.1. Registration

Registration is mandatory. You hereby unconditionally accept and consent to the Registration to avail the Services. You may contact your TrackFee point of contact for more details on the registration process and pricing. The changes or revisions in the Registration process and procedures and pricing shall be periodically updated. We reserve the right to refuse the Service to anyone for any reason at any point of time without assigning such reasons.

2.2. Eligibility

You are eligible to register only if:

• You are running an educational institution, gym, coaching center, or similar business (either a company, body corporate, LLP, partnership firm, Trust, Society, proprietary business).
• You may authorise an individual (Authorised Person) who is above 18 years of age and who is competent to enter into a valid contract as per the Indian Contract Act, 1872 to register. Persons who are 'incompetent' to contract, including minors, undischarged insolvents etc., are not eligible to register or utilise the Services.
• The Authorised Person shall have the complete authority to register on behalf of the institution. Such individual may be your agent, employee, director, partner or proprietor and We validly presume that Your Authorised Person is properly authorised and is competent to contract.
• You and/or your Authorised Person(s) including such other user(s) authorised by you (Authorised Users) completely and unconditionally agree to all the terms and conditions of this ToS including those policies, terms, conditions which are incorporated herein by way of reference, regardless of whether You use the Services through the website, mobile application or by any other means.

2.3. Payment

• The Service is provided to You on a subscription model. Once registered, You may start availing the Service.
• You agree to pay monthly/annual subscription fee for availing the Service through the Software. The subscription fee also covers the limited data storage utilised by the service.
• GST and taxes, as applicable shall be levied on the subscription fees as per the prevailing laws in India.
• You may be required to make additional payments for any value added services and modules, if any offered by TrackFee in case You opt for availing such services.
• The subscription fee may be subject to change and You shall be notified in case of any changes.
• Payments are not liable to be refunded if You stop using our Service before the expiry of Your Term.

3.1.

Eagleminds Technologies Private Limited represents that it owns or holds the License to any and all title, rights and interest in copyright and other Intellectual Property Rights in the software "TrackFee", the Website and the Services rendered, including any modifications, enhancements, modules and support materials.

3.2.

You hereby agree and acknowledge that You shall not acquire any title, rights and interest in copyright and other Intellectual Property Rights in TrackFee and the Services rendered, including any modifications, enhancements, modules and support materials.

3.3.

You shall be the sole owner and shall be solely responsible for your contents and data, which are entered/uploaded by you on TrackFee. We validly assume that you have the appropriate consents from data subjects whose contact details you upload into TrackFee and we shall not be responsible or liable for any actions or omissions from your end.

4.1.

You shall be entirely responsible for data entries, setting of messages, providing of payment link, obtaining consent from members/students etc., and we shall not be liable for any adverse outcome due to improper entries, handling of data, payment failures etc. You shall be entirely responsible for keeping Your details properly updated on Your account, and We shall not be responsible for any loss/damages incurred to your end customers due to improper updation, technical defaults.

4.2.

You hereby unconditionally agree that You will not post or transmit, or let Your Authorised Users post or transmit, via TrackFee:

• Any contents or materials containing profanity
• Any contents or materials which are false, inaccurate or misleading
• Any material containing viruses or other malicious/harmful codes
• Contents that contain cyber bullying, spams, junk or other related material
• Any false, defamatory, inaccurate, libelous, abusive, vulgar, hateful, racist, threatening, inflammatory, obscene, or pornographic materials
• Any contents or material which may infringe or misappropriate any third party's intellectual property rights
• Contents that violate or infringe the privacy or publicity or other rights of any party
• Contents that contain advertisement, solicitations, links to illegal activities
• Any content or material which violates any law or statute

4.3.

You hereby unconditionally agree that You shall use this Service only for legal and legitimate purposes and shall not use the Services directly or indirectly for any illegitimate purposes and shall at all times use the Services in compliance with this ToS and that the Services shall be used only in connection with Your business.

4.4.

You shall not, while utilising the Services:

• Access, tamper with, penetrate or use – Our servers, computers, or other parts of the Software which do not form part of the Service
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
• Interfere with, or disrupt, the access of any other Authorised User, or other registered customers/clients of TrackFee
• Attempt to duplicate TrackFee or any portion of it by reverse engineering or any other methods
• Sublease Your account to third parties

6.1.

We do not collect any data including personal data other than those which are uploaded into TrackFee by you or your Authorised User(s). TrackFee only uses such data to perform the services and such data are stored in our servers and are not disclosed or shared with any third party.

6.2.

The personal data keyed in by your customers at the payment gateway are not stored by us and we do not store the banking or financial details of any of your customers.

6.3.

To know more about data collection and privacy, please refer to our Privacy Policy.

7.1.

We shall not be liable for any loss or damage caused to You or to any third party due to Your use of the Service or due to any failure or delay in the Service or due to any technical glitches or due to any other reasons whatsoever.

7.2.

We shall not be liable for any loss or damage caused to You or to any third party due to the failure of third party service providers whose services we utilise in bringing you this Service.

7.3.

We shall not be liable for any loss or damage caused to You or to any third party due to any improper data entry, improper handling of data, payment failures, or any other actions or omissions from your end.

7.4.

The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied.

10.1.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

10.2.

If you wish to terminate your account, you may simply discontinue using the Service and contact us to delete your account.

10.3.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11.1.

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

11.2.

Any dispute arising out of or in connection with this ToS, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.

11.3.

The seat of arbitration shall be Tirupattur, Tamil Nadu, India. The language of the arbitration shall be English.

11.4.

Subject to the above, the courts at Tirupattur, Tamil Nadu shall have exclusive jurisdiction over any disputes arising out of or in connection with this ToS.