1.1 These Terms set forth a legally binding contract between Manch, and You. By using the Portal, You agree to be bound by all the conditions stated herein. Even if You only visit the Website or review any of the service offerings made available by Us, You will be bound by these Terms. If you find any of these Terms unacceptable, do not tender Your acceptance to use the Portal or browse Website or any of its features

1.2 You will be bound by the Terms set forth herein and the privacy policy detailed in https://prelaunchpad.com/manchtech/privacy-policy/ whether You are a (i) “Visitor” (which means that You simply browse Our Website), or (ii) “User (which means You have registered with the Company to have access to the Portal for paid Services).

1.3 Before rendering such Services, Manch and You shall execute a definitive agreement in order to capture specifics of commercial understanding between the parties. In the event of any conflict between the Terms herein and the definitive agreement, the terms of the definitive agreement shall supersede over the Terms.

1.4 The information collected by Us through Our Website is used by Us for various purposes to enable Us to serve You better including:-

You shall be bound by the following general terms, conditions and restrictions: –

(a) You shall neither alter or modify any content of the Website or the Portal or replicate or attempt to replicate the Portal using elements from Our Portal;

(b) You shall not circumvent or attempt to circumvent, disable or interfere with any security related features of the Portal or Website or any functionalities that limit or restrict the copying, reverse engineering or impose other limitations on any content or features of the Portal/Website;

(c) You shall not collect or attempt to collect and compile personal data of other Users/Visitors of the Website/Portal through the username and other details and commercially exploit or attempt to commercially gain from such information; or

The above terms shall be in addition to and without prejudice to the other terms contained in these Terms.

1.5 In consideration of Your use of the Website and Portal, You agree:

(a) To provide true, accurate, current and complete information about Yourself complying with Clause 2 of these Terms and as prompted in order to generate the login credentials (“Login”);

(b) To maintain and promptly update your Login to keep it true, accurate, current and complete;

(c) And acknowledge that Manch is not responsible to ensure that You conform to the eligibility criteria; and

(d) That We shall not be responsible for any consequence that arises as a result of misuse of any kind in the Manch Portal or any of Our Services.

1.6 If You provide any information to Us that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your Login and refuse any and all current or future Login of the Portal.

1.7 This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.8 You may browse through the Website or use the Portal only for the purpose for perusal or usage of the Services. The Portal and Website as a whole, is owned exclusively by Manch. You acknowledge that Manch is providing You with a revocable, limited, non-exclusive, and non-transferable license to use the features of the Website and the Portal.

1.9 By registering Your e-mail address and/or phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any subscription or Service updates.

1.10 You are entirely responsible for maintaining the security and confidentiality of Your Login credentials to the Portal once you become a User.

1.11 We shall not be liable for any loss that You may incur for any third-party using Your Login credentials, either with or without Your knowledge.

2.1 If You register on the Portal in order to become a User, You may be required to complete a verification process as part of setting up Your Login. Once set up, You are responsible for maintaining the confidentiality of Your Login and are fully responsible for all activities that occur through Your Login. Should there be instances of any unauthorized use of Your Login or any other breach of security, please notify Us to stop processing requests from Your Login, until further instructions.

2.2 When You use the Portal and avail the Services through Your Login, You may be required to submit your phone number and/or email ID and choose a password which will be the only set of credentials basis which You will be granted access to the Portal and its Services. You are responsible for maintaining the confidentiality of Your Login to access the Services. You agree to take all the necessary actions possible in order to protect your Login against any misuse and unauthorized access of the Website or the Portal. In the event where You face any consequence as a result of any third-party using Your Login with or without Your knowledge, Manch shall not be responsible for any such consequences resulting from such fraud, misuse or unauthorized access.

3.1 The Services and amounts payable to access the Services may differ and will be based on the combination of Services chosen by You. In these Terms, the term “Services” shall mean and include without limitation, technology platform for digitally onboarding the Users, their clients and allied services including document management, storage, e-sign service provider and the application program interface to enable integration of the functionalities of Manch’s tool as well as any customization support, professional support or training to the Users or their customers. The foregoing meaning and scope of Services may be subject to change and the definition shall not in any way limit or restrict Our right to remove or add features to the Portal.

3.2 The Services shall be made available by Manch for fixed period and for a prepaid consideration as notified by Manch (“Plan”).

3.3 You agree that any Services provided by Manch may be subject to change at the discretion of Manch and Manch may add, remove or modify features to its existing scope of Services at such fees as will be solely determined by Manch.

3.4 Manch may at its discretion revise the amount payable in respect of existing offerings forming part of the Services that may be made available to You.

3.5 You agree that Manch may at any time and for any reason, terminate Your access to whole or part of the Portal, or restrict or suspend Your access to the Portal, for any or no reason, with or without prior notice, and without any liability to You.

4.1 We may use/integrate another third party’s portal on Our Website. We may also use third party portals to avail services for ourselves. In such event, You will be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies. You also agree and hereby authorize Manch to share Your details and personal information with such third parties to the extent necessary for Manch to deliver the Services to You.

5.1 The prices, features and options of the Services depend on the Plan selected as well as any changes required by User. Manch does not represent or warrant that a particular Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a Plan without prior notice.

5.2 The User shall timely pay Manch all fees associated with the one-time installation charge and, its Plan, for the use of Manch Services, by User’s assignee. USER’S PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY AGREED BY MANCH IN WRITING. Charges for pre-paid Plans shall be billed to User in advance. Charges for per-use purchases and standard Plan charges shall be billed prior to activation of the selected Service unless otherwise specified in the Plan.

5.3 The User shall be responsible for and bear taxes associated with payment for, access to or use of the Services. Taxes shall not be deducted from the payments to Manch, except as required by law, in which case User shall increase the amount payable as necessary so that after making all required deductions and withholdings, Manch receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made.

6.1 You shall be responsible for data that you provide or use in Services. You are solely responsible for determining the suitability of the Manch Services for your business or organization and complying with any regulations, laws, or conventions applicable to the data you provide and your use of the Services andWebsite.

6.2 The User warrants that its use of any personal information or data provided while using the Services complies with all applicable data protection laws, rules, and regulations. The User and its authorized users acknowledge that Manch may process such personal data in accordance with the Manch Privacy Policy.

6.3 Manch shall transmit the information it receives from You or otherwise holds about You in the format requested by Manch’s service provider in accordance with these Terms of Use and the Privacy Policy. You consent to the use of such information by Manch in accordance with these Terms of Use and Manch’s Privacy Policy.

7.1 The User hereby represents and warrants to Manch that: (a) it has all requisite rights and authority to use the Services under these Terms and to grant all applicable rights herein; (b) it is responsible for all use of the Services associated with its Login into the Portal; (c) it is solely responsible for maintaining the confidentiality of its Login; (d) it agrees to immediately notify Manch of any unauthorized use of User’s Login of which it becomes aware; (e) it agrees that Manch shall not be liable for any losses incurred as a result of a third party’s use of its Login, regardless of whether such use is with or without its knowledge and consent; (f) it will use the Services for lawful purposes only and subject to these Terms; (g) any information it submits to Manch is true, accurate, and correct; and (h) it will not attempt to gain unauthorized access to the system or the Services, other accounts, computer systems, or networks under the control or responsibility of Manch through hacking, cracking, password mining, or any other unauthorized means.

8.1 “Confidential Information” shall mean any and all technical and non-technical information, data, including but not limited to business plans, business forecasts, research, financial information, procurement requirements, purchasing requirements, customer lists, sales, marketing plans, experimental work, development, design details, specifications, engineering, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source codes, and formulae in any way related to the current, future and proposed business, products and services of either of the parties whether in writing or not and identified as Confidential Information or not and shall include, but not limited to, information contained in User’s documents uploaded and shared as part of the Services as well as all personally identifiable information of the User and/or any person who have been authorized to use the Services on behalf of the User.

8.2 Confidential Information shall not include any information that: (i) was or becomes generally known to the public through no fault or breach of these Terms by the recipient; (ii) was rightfully in the recipient’s possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by the recipient without use of the disclosing party’s Confidential Information; or (iv) was rightfully obtained by the recipient from a third party not under a duty of confidentiality and without restriction on use or disclosure. All information provided to Manch that is not Confidential Information will be treated in accordance with the Manch’s Privacy Policy.

8.3 During the term of the Plan, the recipient receiving Confidential Information shall:

(a) not disclose such Confidential Information to a third party, except on a need-to-know basis to its employees, attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as contained herein;

(b) protect such Confidential Information from unauthorized use and disclosure to the same extent (but adopting no less than a reasonable degree of care) that it protects its own Confidential Information of a similar nature;

8.4 Where Manch is required by law to disclose Confidential Information, Manch shall give prompt notice to the User before making the disclosure, unless prohibited from doing so by the legal or administrative process and assist the User to obtain where reasonably available an order protecting the Confidential Information from public disclosure.

9.1 Manch does not warrant uninterrupted or error-free operation of the Services.

9.2 Manch is not obliged to offer You any additional technical support in relation to the Service availed other than the specific support that has been included as part of the Service You have availed for.

9.3 You also accept and acknowledge that Manch cannot be held responsible for any delay or disruptions to your subscription Plan as a result of such suspension or any of the following but not limited to:

(a) the operation of the internet and the World Wide Web, including but not limited to viruses;

(b) any firewall restrictions that have been placed on your network or the computer You are using to access the Services;

(c) failures of telecommunications links and equipment; and

(d) updated browser issues.

10.1 We shall not be liable for any internal/external interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of Your device manufacturers.

10.2 SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL MANCH OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES TO YOU, EXCEED THE PAYMENTS ACTUALLY RECEIVED BY MANCH FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE EVENT THAT YOU ARE NOT A USER, MANCH WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES.

10.3 We may provide, or third parties may provide, links to other third-party web sites, services, or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and You hereby waive any claim You might have against Us with respect to such Services. MANCH SHALL NOT BE RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE LOCATED OUTSIDE THE SITE.

10.4 Manch will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond Manch’s reasonable control

10.5 Each provision in these Terms of Use shall be construed separately as between You and Manch. If any part of these Terms of Use are held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted, such provision shall apply but with such modification as may be necessary to make it valid and effective.

11.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website or the Portal. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that copying of the Website/Portal for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

(a) in violation of any applicable law or regulation;

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;

(c) that belongs to another person and to which the User does not have any right to;

(d) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;

(e) that harms minors in any way;

(f) that impersonate another person or entity;

(g) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Manch’s computer systems or site or Manch’s Users, customer’s computer systems or site;

(h) threatens the unity, integrity, defence, security or sovereignty of India and any other countries, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

11.2 If You become aware of misuse of the Service by any person, please contact support@manchtech.com.

11.3 You shall not either as a regular browsing user, or as User use the Portal to either directly or indirectly either alone or with another third party disassemble, reverse engineer or decompile any part or whole of the Portal in order to get access or attempt to get access to the underlying software, source or proprietary technology which enables the Services or other functionalities of the Portal or do anything with an intent to create derivative works or competing Portals that provide same or similar services.

12.1 If there is a suspicion of untoward or illegal activity, we may suspend your Login immediately and if required, debar all future access by You to the Portal.

12.2 Manch reserves the right to cancel any Plan it believes has been compromised, or is being used fraudulently, at its own discretion without any financial liability to You.

13.1 You acknowledge, consent and agree that Manch may access, preserve and disclose Your Login information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

(a) comply with legal process nationally or internationally;

(b) enforce this agreement;

(c) respond to claims that any content violates the rights of third parties;

(d) protect the rights, property or personal safety of Manch, its subscribers and the public; or

(e) pursuant to the terms of the Privacy Policy, reach You for marketing or promotional purposes through any channel.

14.1 You understand that Manch and the software embodied within Manch and the Services you access may include security components that permit digital materials to be protected, and that usage of the Portal is subject to usage rules set by Manch. You shall not attempt to override, disable, circumvent or otherwise interfere with any such security components, encryptions and usage rules embedded into Website or the specific Services accessible through Your login.

15.1 All materials on Website/Portal, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Manch. You acknowledge and agree that all Material on the Website/Portal is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in Manch, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Manch’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize Manch or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

15.2 All icons and logos pertaining to the Portal and the Website are trademarks of and proprietary to Manch. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

15.3 Proprietary rights pertaining to the icons, logos and trademarks of the content and the documents uploaded on the Portal by You shall belong to You.

16.1 This agreement shall remain in full force and effect for so long as You use the Portal or browse the Website. You may terminate your Plan at any time, for any reason, by contacting the support channels as mentioned in these Terms. Manch however does not offer any refunds because of Your termination or discontinuation of the Services.

16.2 Manch reserves the right to terminate Your Services without prior notice. Your access to Manch maybe terminated immediately, with or without notice to You, and without liability to You, if Manch believes that You have breached any of covenants, conditions, restrictions or limitations contained in these Terms of Use or the Privacy Policy, or any false or misleading information, or interfered with use of Manch by others.

17.1 Manch Portal and Services are intended to be used within the jurisdiction of India only. Those who access or use Manch from other jurisdictions do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.

18.1 You agree to defend, indemnify and hold harmless Manch, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:

(a) your use of and access to the Website;

(b) your violation of any conditions in the Terms of Use and the Privacy Policy;

(c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or

(d) fraud, misrepresentation, gross negligence or wilful misconduct by the User or any of its employees, authorized agents or representatives.

19.1 We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or Portal (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of Website.

19.2 This agreement and any rights and licenses granted here under, may not be transferred or assigned by You, but may be assigned by Manch without restriction.

19.3 These Terms of Use together with the Privacy Policy as well as Plan details such as pricing tables and any other legal notices published by Manch on the Portal, shall constitute the entire agreement between You and Manch concerning the Portal and governs your use of the Service and use of the Portal, superseding any prior agreements between You and Manch with respect to the subject matter covered in these Terms of Use.

19.4 The failure of Manch to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.

19.5 These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.

20.1 In case of any grievance arising from the use of Portal, please contact support@manchtech.com.