Last updated: September 12, 2023
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HERE-IN-AFTER “YOU” or “YOUR”) AND DHi Hyperlocal ERP Solutions Pvt Ltd. (HERE-IN-AFTER “DHi Hyperlocal”) GOVERNING YOUR USE OF DHi Hyperlocal SUITE OF BUSINESS SOLUTIONS.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) if any, specific to the use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
You must be legally entitled to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services the agreement becomes void. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the said corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actual usage of the Services.
DHi Hyperlocal provides cloud software and applications for businesses, including associated offline and mobile applications ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the computer equipment required to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
DHi Hyperlocal may offer certain Services as closed or open Beta services (hereinafter"Beta Services”) for the purpose of testing and evaluation. You hereby agree that DHi Hyperlocal will have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. DHi Hyperlocal will be the sole judge of the success of such testing and the decision, if any, to offer Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. DHi Hyperlocal reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You also agree that DHi Hyperlocal will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.
If you register for a trial of one or more Services, DHi Hyperlocal will provide the applicable Services available to you on a trial basis for a minimal charge until the earlier of (i) the end of the trial period of the applicable Services (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable Services, or (iii) termination by DHi Hyperlocal in its sole discretion. Any data that you keyed into the Services, and any customizations made to the Services during the trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is basis during the trial, without any warranty, covenant, support, or liability whatsoever, to the extent permitted by law.
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, DHi Hyperlocal recommends that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, DHi Hyperlocal also recommends that you preferably use your corporate email address. You agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete; (iii) retain a smartphone with internet connection and appropriate configurations to use the DHi Hyperlocal services well. If you provide any information which is untrue, inaccurate, outdated, or incomplete, or if DHi Hyperlocal has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, DHi Hyperlocal may terminate your user account and refuse current or future use of any specific or all of the Services.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) allow user licenses to be shared or used by more than one individual other than by way of re-assigning the user license to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services; (v) use the third party links to sites without agreeing to their website terms & conditions; (vi) post links to third party sites or use their logo, company name, etc. without their prior written permission; (vii) attempt to gain unauthorized access to the Services or its related systems or network; (viii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of DHi Hyperlocal; (ix) use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; (x) use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; ( xii) violate any applicable local, state, national or international law; (xiii) use the Services for any form of competitive or benchmarking purposes; and (xiv) remove or obscure any proprietary or other notices contained in the Services; (xv) use DHi Hyperlocal Services in any manner that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other countries; (xvi) create a false identity to mislead any person as to the identity or origin of any communication; (xvii) use the services for transmitting information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or (xviii) use the services in a manner that relates to or encourages any activity prohibited by law in India.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libellous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. DHi Hyperlocal reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
DHi Hyperlocal Services integrates with many third-party applications (hereinafter "Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms and conditions of services and privacy policies applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms and Conditions before accessing or using any Third Party Applications. You acknowledge and agree that DHi Hyperlocal will not be liable for any Third Party Applications. While DHi Hyperlocal will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that DHi Hyperlocal may, at any time and in its sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from DHi Hyperlocal Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
In order to use the DHi Hyperlocal services/products you must adopt and provide one or more Payment Methods. You authorize DHi Hyperlocal to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to DHi Hyperlocal for payment of your subscription fees. You will remain responsible for all uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, DHi Hyperlocal may suspend your access to the services until DHi Hyperlocal have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for more details.
DHi Hyperlocal will provide you with the option of changing the details if you would like the payment for the renewal to be made through a different method. If you do not wish to renew the subscription, you must inform us at least 30 days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized DHi Hyperlocal to charge the subscription fee to the last payment mode used by you.
For you to cancel the subscription, please do indicate to us 30 days in advance. During this time, we will work with you to alleviate any of your concerns and if DHi Hyperlocal will not be successful, DHi Hyperlocal will refund the remaining amount on a pro-rata basis, providing the remaining period of your subscription is greater than 30 days.
Refund for a period less than 30 days: If you wish to cancel the subscription but the remaining period is less than 30 days, DHi Hyperlocal will convert that into a trial period (with all the features you have been enjoying).
For your convenience, your subscriptions will auto-renew on the end date of the period of the contract and until you cancel the contract of the services. Every time before your subscription auto-renews, DHi Hyperlocal will send a mail specifying the amount that will be charged. Similarly, after each renewal, we will send you a receipt via e-mail specifying the amount that has been deducted together with the next renewal date and the next renewal amount.
For questions, please e-mail experts@dhihyperlocal.com
Please note that DHi Hyperlocal will not entertain a request for a refund (FULL or PRO-RATED) when we have suspended or terminate your access to DHi Hyperlocal Services due to a violation of our Terms & Conditions.
From time to time, DHi Hyperlocal may change the price of any Services or charge for use of Services that are currently available free of charge or at a fixed price. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Services unless you have opted for a paid subscription plan.
In the event any tax such as GST, VAT, sales tax or the like is chargeable by DHi Hyperlocal in accordance with any local, state, provincial, or foreign laws with respect to your subscription to our Services ("Taxes"), DHi Hyperlocal will invoice you for the price of the services and applicable such Taxes. You agree to pay DHi Hyperlocal such Taxes in addition to the subscription fees. DHi Hyperlocal shall provide you with an invoice in the format prescribed by the applicable local, state, provincial, or foreign laws to help you avail of the applicable input tax credit for the taxes so paid.
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such a third party has assumed an administrator role for your organization. Make sure that you enter into a suitable agreement with such a third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for (i) ensuring confidentiality of your organization account password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that DHi Hyperlocal will not be responsible for account administration and internal management of the Services for you.
You are responsible for taking the necessary steps to ensure that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to experts@dhihyperlocal.com provided that the process is acceptable to DHi Hyperlocal. In the absence of any specified administrator account recovery process, DHi Hyperlocal may provide control of an administrator account to an individual providing proof satisfactory to DHi Hyperlocal demonstrating authorization to act on behalf of the organization. You agree not to hold DHi Hyperlocal liable for the consequences of any action taken by DHi Hyperlocal in good faith in this regard.
The personal information you provide to DHi Hyperlocal through the Services is governed by the DHi Hyperlocal Privacy Policy. Your election to use the Services indicates your acceptance of the terms and conditions of the DHi Hyperlocal Privacy Policy. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to experts@dhihyperlocal.com or by calling your concerned account representative. DHi Hyperlocal will not be responsible for any loss or damages to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
The Services may include certain communications from DHi Hyperlocal, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of DHi Hyperlocal's policy to provide you with total privacy, DHi Hyperlocal will also provide you with the option of opting out of receiving newsletters from us. However, you will not be able to opt-out of receiving service announcements and administrative messages.
If we receive a complaint from any person with respect to your activities as part of the use of the Services, DHi Hyperlocal will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by DHi Hyperlocal and copy DHi Hyperlocal in the communication. If you do not respond to the complainant within 10 days from the date of email from DHi Hyperlocal to you, DHi Hyperlocal may disclose your name and contact information to the complainant to enable the complainant to take legal action against you.
DHi Hyperlocal reserves the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. DHi Hyperlocal will provide you prior notice of such termination and the option to back up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
The location of the cloud facility from which you are served depends on the mapping of your region/country to the available cloud facilities at the time of your sign-up. DHi Hyperlocal may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point of time. You must not mask your internet protocol (IP) address at the time of sign-up since your region/country is determined based on your IP address. If, at any time, your actual region/country is found to be different from the region/country in our records, DHi Hyperlocal may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country, or close your account and deny the Service to you. If you are served from a cloud facility outside your region/country and a DHi Hyperlocal group entity has an office in your region/country, apart from storing the data in the cloud facility assigned to you, DHi Hyperlocal may store a local copy of the data in your region/country.
DHi Hyperlocal respects your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, does not grant DHi Hyperlocal the license to use, reproduce, adapt, modify, publish, or distribute the content created by you or stored in your user account for DHi Hyperlocal’s commercial, marketing or any similar purpose. But you grant DHi Hyperlocal permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
DHi Hyperlocal may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. DHi Hyperlocal makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
DHi Hyperlocal, DHi Hyperlocal logo, the names of individual Services and their logos are trademarks of DHi Hyperlocal ERP Solutions Pvt Ltd. You agree not to display or use, in any manner, the DHi Hyperlocal trademarks, without DHi Hyperlocal’s prior permission.
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Maas expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Maas makes no warranty that the services will be uninterrupted, timely, secure, or error-free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from DHi Hyperlocal, its employees or representatives shall create any warranty not expressly stated in the agreement.
You agree that DHi Hyperlocal shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damages whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if DHi Hyperlocal has been advised of the possibility of such damage. In no event shall DHi Hyperlocal's entire liability to you in respect of any service, whether direct or indirect, exceed fifty thousand rupees (₹ 50,000) or the fees paid by you during the twelve (12) months prior to the first event giving rise to such liability, whichever is lower.
You agree to indemnify and hold harmless DHi Hyperlocal, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claims related to your use of the Services, except where such use is authorized by DHi Hyperlocal.
Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Hyderabad (Telangana) in accordance with the laws of India without regard to conflict of law principles.
DHi Hyperlocal may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to the suspension or disabling of user accounts should be made to experts@dhihyperlocal.com within 30days of being notified about the suspension. DHi Hyperlocal may terminate a suspended or disabled user account after thirty days. DHi Hyperlocal will also terminate your user account on your request.
In addition, DHi Hyperlocal reserves the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if DHi Hyperlocal breaches its obligations under this Agreement and in such event, you will be entitled to a prorated refund of any prepaid fees. Termination of the user account will include denial of access to all Services, deletion of information in your user account such as your email address and password, and deletion of all data in your user account.
DHi Hyperlocal may modify this Agreement upon notice to you at any time through a service announcement or by sending an email to your primary email address. If DHi Hyperlocal makes significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing DHi Hyperlocal notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with the use of the Services. In the event of such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
If you have any questions or concerns regarding this Agreement, please contact us at experts@dhihyperlocal.com
Get the Dhi Hyperlocal App
Get the Dhi Hyperlocal Business App
