Published on February 2021

THIS IS AN AGREEMENT BETWEEN YOU OR THE COMPANY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND Aarars MyCHS, GOVERNING YOUR USE OF OUR ONLINE SOFTWARE AND SERVICES.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms and Conditions. If you do not agree to the General Terms, please do not use any of Our Services. You can accept the Terms by checking a checkbox indicating your acceptance of the terms while registration or by actually using the Services.

Description of Service

You may use our Services for your personal and business use or for internal business purpose in the organization/building that you represent. You may connect to the Services using any Internet browser supported by our Services. You are responsible for obtaining access to the Internet and the equipment necessary 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.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms of Use that affect your rights, you will be provided with at least 60 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing our notice by email within 60 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services.

In the event of such termination, you will be entitled to get refund of the unused portion of any paid services. Please note, your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use our Services. If you represent an organization/building and wish to use the Services for internal use, we recommend that you and all other users from your organization/building, sign up for user accounts by providing your contact information.

In particular, we recommend that you use your personal email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the sign up process and maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any of our Services.

Accounts and Admin

When you sign up for an account for your organization/building you may specify one or more admin. The admin will have the rights to configure the Services based on your requirements and manage your users in your organization/building account. If your organization/building account is created and configured on your behalf by any other person, it is likely that such person has assumed admin role for your organization/building.

You are responsible for -

• ensuring confidentiality of your organization/building account password,
• appointing competent individuals as admin for managing your organization/building account, and
• ensuring that all activities that occur in connection with your organization/building account comply with this Agreement.

You understand that Aarars MyCHS is not responsible for account administration and internal management of the Services for you.

You are responsible for taking necessary steps for ensuring that your organization/building 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 Aarars MyCHS, provided that the process is acceptable by us. In the absence of any specified administrator account recovery process, we may provide control of an administrator account to an individual providing proof satisfactory to act on behalf of the organization/building. You agree not to hold our liable for the consequences of any action taken by us in good faith in this regard.

Personal Information and Privacy

Personal information you provide to Aarars MyCHS through the Service is governed by our Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the our Privacy Policy. You are responsible for maintaining 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. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Communications from Aarars MyCHS

The Service may include certain communications from us, such as service announcements, administrative messages etc. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, you will not be able to opt-out from receiving service announcements and administrative messages.

Complaints

If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we 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 us. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by us to the complainant.

Fees and Payments

Our Services are available under subscription plans of various durations. Payments for subscription plans can be made only through Online transaction. Your subscription will NOT be automatically renewed at the end of each subscription period unless you pay in advance for the subscription plan you have taken. If you do not wish to renew the subscription, you must inform us by an email.

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not:

• transfer the Services or otherwise make it available to any third party;
• provide any service based on the Services without prior written permission;
• use the third party links to sites without our consent;
• post links to third party sites or use their logo, company name, etc. without their prior written permission;
• host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person and to which you do not have any right, including personal or confidential information of any person or entity without obtaining consent or permission from such person or entity;
• use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Aarars MyCHS;
• violate any applicable local, state, national or international law;
• use our 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 cognisable offence or prevents investigation of any offence or is insulting other countries;
• create a false identity to mislead any person as to the identity or origin of any communication;
• 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
• use the services in a manner that relates to or encourages any activity prohibited by law in India.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through our Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, 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 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. We reserve 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.

Grievance Redressal

In case of any grievance, the term as defined under Information Technology Rules 2021.

Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and 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.

Data Ownership

We respect 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, your use of the Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for any commercial, marketing or any similar purpose. But you grant us 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.

User Generated Content

You may transmit or publish content created by you using any of the Services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.

By making any copyrighted content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Aarars MyCHS will have the right to block access to or remove such content made available by you if we receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by us for this purpose.

Sample files and Applications

We 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. we make no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark

Aarars MyCHS, their logo, the names of individual Services are trademarks of Aarars MyCHS. You agree not to display or use, in any manner, without our prior permission.

Disclaimer of Warranties

You expressly understand and agree that the use of the services is at your sole risk. Our services are provided on an as-is-and-as-available basis. We 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. We make 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 Aarars MyCHS, its employees or representatives shall create any warranty not expressly stated in the terms.

Limitation of Liability

You agree that Aarars MyCHS shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage 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 Aarars MyCHS has been advised of the possibility of such damage, in no event shall we entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

Indemnification

You agree to indemnify and hold harmless Aarars MyCHS, 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 Terms, or any other claim related to your use of the Services, except where such use is authorized by us.

Governing law and Jurisdiction

Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Mumbai in accordance with the laws of India without regard to conflict of law principles.

Suspension and Termination

We may suspend your user account parmanently 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 suspension or disabling of user accounts should be made to our notice within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We may also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if we breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of 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.