Legal Terms
Mukunda Software - Legal
Terms
Universal Terms of Service Agreement
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered
into by and between Mukunda Software Inc, a/an AZ individual (“Mukunda
Software Inc”) and you, and is made effective as of the date of
electronic acceptance. This Agreement sets forth the general terms and
conditions of your use of Mukunda Software Inc products and services
(individually and collectively, the “Services”) purchased or accessed
through Mukunda Software Inc or the Mukunda Software Inc website (this
“Site”), and is in addition to (not in lieu of) any specific terms and
conditions that apply to the particular Services you purchase or access
through Mukunda Software Inc or this Site.
Your electronic acceptance of this Agreement signifies that you have
read, understand, acknowledge and agree to be bound by this Agreement,
along with the following policies and agreements, which are incorporated
herein by reference:
The terms “we”, “us” or “our” shall refer to Mukunda Software Inc. The
terms “you”, “your”, “User” or “customer” shall refer to any individual
or entity who accepts this Agreement. Nothing in this Agreement shall
be deemed to confer any third-party rights or benefits.
Mukunda Software Inc, in its sole and absolute discretion, may change or
modify this Agreement, and any policies or agreements which are
incorporated herein, at any time, and such changes or modifications
shall be effective immediately upon posting to this Site. You
acknowledge and agree that (i) Mukunda Software Inc may notify you of
such changes or modifications by posting them to this Site and (ii) your
use of this Site or the Services found at this Site after such changes
or modifications have been made (as indicated by the “Last Revised” date
at the top of this page) shall constitute your acceptance of this
Agreement as last revised. If you do not agree to be bound by this
Agreement as last revised, do not use (or continue to use) this Site or
the Services found at this Site. In addition, Mukunda Software Inc may
occasionally notify you of changes or modifications to this Agreement by
email. It is therefore very important that you keep your account
(“Account”) information, including your email address, current. Mukunda
Software Inc assumes no liability or responsibility for your failure to
receive an email notification if such failure results from an
inaccurate or out-of-date email address.
2. ELIGIBILITY; AUTHORITY
This Site and the Services found at this Site are available only to
Users who can form legally binding contracts under applicable law. By
using this Site or the Services found at this Site, you represent and
warrant that you are (i) at least eighteen (18) years of age and/or (ii)
otherwise recognized as being able to form legally binding contracts
under applicable law.
If you are entering into this Agreement on behalf of a corporate entity,
you represent and warrant that you have the legal authority to bind
such corporate entity to the terms and conditions contained in this
Agreement, in which case the terms "you", "your", "User" or "customer"
shall refer to such corporate entity. If, after your electronic
acceptance of this Agreement, Mukunda Software Inc finds that you do not
have the legal authority to bind such corporate entity, you will be
personally responsible for the obligations contained in this Agreement,
including, but not limited to, the payment obligations. Mukunda Software
Inc shall not be liable for any loss or damage resulting from Mukunda
Software Inc’s reliance on any instruction, notice, document or
communication reasonably believed by Mukunda Software Inc to be genuine
and originating from an authorized representative of your corporate
entity. If there is reasonable doubt about the authenticity of any such
instruction, notice, document or communication, Mukunda Software Inc
reserves the right (but undertakes no duty) to require additional
authentication from you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use
some of the Services found at this Site, you will have to create an
Account. You represent and warrant to Mukunda Software Inc that all
information you submit when you create your Account is accurate, current
and complete, and that you will keep your Account information accurate,
current and complete. If Mukunda Software Inc has reason to believe
that your Account information is untrue, inaccurate, out-of-date or
incomplete, Mukunda Software Inc reserves the right, in its sole and
absolute discretion, to suspend or terminate your Account. You are
solely responsible for the activity that occurs on your Account, whether
authorized by you or not, and you must keep your Account information
secure, including without limitation your customer number/login,
password, Payment Method(s) (as defined below), and shopper PIN. For
security purposes, Mukunda Software Inc recommends that you change your
password and shopper PIN at least once every six (6) months for each
Account you have with Mukunda Software Inc. You must notify Mukunda
Software Inc immediately of any breach of security or unauthorized use
of your Account. Mukunda Software Inc will not be liable for any loss
you incur due to any unauthorized use of your Account. You, however, may
be liable for any loss Mukunda Software Inc or others incur caused by
your Account, whether caused by you, or by an authorized person, or by
an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country
other than the country in which our servers are located, your
communications with us may result in the transfer of information
(including your Account information) across international boundaries.
By visiting this Site and communicating electronically with us, you
consent to such transfers.
4. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
1. Your use of this Site and the Services found at this Site,
including any content you submit, will comply with this Agreement and
all applicable local, state, national and international laws, rules and
regulations.
2. You will not impersonate another User or any other person or
entity, or submit content on behalf of another User or any other person
or entity, without their express prior written consent.
3. You will not collect or harvest (or permit anyone else to collect
or harvest) any User Content (as defined below) or any non-public or
personally identifiable information about another User or any other
person or entity without their express prior written consent.
4. You will not use this Site or the Services found at this Site in a
manner (as determined by Mukunda Software Inc in its sole and absolute
discretion) that:
— Is illegal, or promotes or encourages illegal activity;
— Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
— Promotes, encourages or engages in child pornography or the exploitation of children;
— Promotes, encourages or engages in hate speech, hate crime,
terrorism, violence against people, animals, or property, or intolerance
of or against any protected class;
— Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
— Violates the Ryan Haight Online Pharmacy Consumer Protection Act
of 2008 or similar legislation, or promotes, encourages or engages in
the sale or distribution of prescription medication without a valid
prescription;
— Infringes on the intellectual property rights of another User or any other person or entity;
— Violates the privacy or publicity rights of another User or any
other person or entity, or breaches any duty of confidentiality that you
owe to another User or any other person or entity;
— Interferes with the operation of this Site or the Services found at this Site;
— Contains or installs any viruses, worms, bugs, Trojan horses or
other code, files or programs designed to, or capable of, disrupting,
damaging or limiting the functionality of any software or hardware; or
— Contains false or deceptive language, or unsubstantiated or
comparative claims, regarding Mukunda Software Inc or Mukunda Software
Inc’s Services.
5. You will not copy or distribute in any
medium any part of this Site or the Services found at this Site, except
where expressly authorized by Mukunda Software Inc.
6. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
7. You will not access Mukunda Software Inc
Content (as defined below) or User Content through any technology or
means other than through this Site itself, or as Mukunda Software Inc
may designate.
8. You agree to back-up all of your User
Content so that you can access and use it when needed. Mukunda Software
Inc does not warrant that it backs-up any Account or User Content, and
you agree to accept as a risk the loss of any and all of your User
Content.
9. You will not use this Site or the
Services found at this Site, including any of Mukunda Software Inc’s
related technologies, for any commercial use without Mukunda Software
Inc’s express prior written consent.
Mukunda Software Inc reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
5. YOUR USE OF Mukunda Software Inc CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section 5
apply specifically to your use of Mukunda Software Inc Content and User
Content posted to Mukunda Software Inc’s corporate websites (i.e.,
those sites which Mukunda Software Inc directly controls or maintains).
The applicable provisions are not intended to and do not have the
effect of transferring any ownership or licensed rights (including
intellectual property rights) you may have in content posted to your
hosted websites.
Mukunda Software Inc Content. Except for User Content, the content on
this Site and the Services found at this Site, including without
limitation the text, software, scripts, source code, API, graphics,
photos, sounds, music, videos and interactive features and the
trademarks, service marks and logos contained therein (“Mukunda Software
Inc Content”), are owned by or licensed to Mukunda Software Inc in
perpetuity, and are subject to copyright, trademark, and/or patent
protection in the United States and foreign countries, and other
intellectual property rights under United States and foreign laws.
Mukunda Software Inc Content is provided to you “as is”, “as available”
and “with all faults” for your information and personal, non-commercial
use only and may not be downloaded, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any purposes whatsoever without the express prior written
consent of Mukunda Software Inc. No right or license under any
copyright, trademark, patent, or other proprietary right or license is
granted by this Agreement. Mukunda Software Inc reserves all rights not
expressly granted in and to the Mukunda Software Inc Content, this Site
and the Services found at this Site, and this Agreement do not transfer
ownership of any of these rights.
User Content. Some of the features of this Site or the Services found at
this Site may allow Users to view, post, publish, share, store, or
manage (a) ideas, opinions, recommendations, or advice (“User
Submissions”), or (b) literary, artistic, musical, or other content,
including but not limited to photos and videos (together with User
Submissions, “User Content”). By posting or publishing User Content to
this Site or to the Services found at this Site, you represent and
warrant to Mukunda Software Inc that (i) you have all necessary rights
to distribute User Content via this Site or via the Services found at
this Site, either because you are the author of the User Content and
have the right to distribute the same, or because you have the
appropriate distribution rights, licenses, consents, and/or permissions
to use, in writing, from the copyright or other owner of the User
Content, and (ii) you do not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere
with the security-related features of this Site or the Services found at
this Site (including without limitation those features that prevent or
restrict use or copying of any Mukunda Software Inc Content or User
Content) or enforce limitations on the use of this Site or the Services
found at this Site, the Mukunda Software Inc Content or the User Content
therein.
6. Mukunda Software Inc'S USE OF USER CONTENT
The provisions in this Section 6 apply specifically to Mukunda Software
Inc’s use of User Content posted to Mukunda Software Inc’s corporate
websites (i.e., those sites which Mukunda Software Inc directly controls
or maintains). The applicable provisions are not intended to and do
not have the effect of transferring any ownership or licensed rights
(including intellectual property rights) you may have in content posted
to your hosted websites.
Generally. You shall be solely responsible for any and all of your User
Content or User Content that is submitted through your Account, and the
consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship
or obligate Mukunda Software Inc to treat your User Submissions as
confidential or secret.
Mukunda Software Inc has no obligation, either express or implied,
to develop or use your User Submissions, and no compensation is due to
you or to anyone else for any intentional or unintentional use of your
User Submissions.
Mukunda Software Inc may be working on the same or similar content,
it may already know of such content from other sources, it may simply
wish to develop this (or similar) content on its own, or it may have
taken / will take some other action.
Mukunda Software Inc shall own exclusive rights (including all
intellectual property and other proprietary rights) to any User
Submissions posted to this Site, and shall be entitled to the
unrestricted use and dissemination of any User Submissions posted to
this Site for any purpose, commercial or otherwise, without
acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions).
If you have a website hosted by Mukunda Software Inc or another service
provider, you shall retain all of your ownership or licensed rights in
User Content posted to your website.
However, if you post or publish your User Content to this Site, you
authorize Mukunda Software Inc to use the intellectual property and
other proprietary rights in and to your User Content to enable inclusion
and use of the User Content in the manner contemplated by this Site and
this Agreement. Accordingly, you hereby grant Mukunda Software Inc a
worldwide, non-exclusive, royalty-free, sublicensable (through multiple
tiers), and transferable license to use, reproduce, distribute, prepare
derivative works of, combine with other works, display, and perform your
User Content in connection with this Site and Mukunda Software Inc’s
(and Mukunda Software Inc’s affiliates’) business(es), including without
limitation for promoting and redistributing all or part of this Site in
any media formats and through any media channels without restrictions
of any kind and without payment or other consideration of any kind, or
permission or notification, to you or any third party. You also hereby
grant each User of this Site a non-exclusive license to access your User
Content (with the exception of User Content that you designate
“private” or “password protected”) through this Site, and to use,
reproduce, distribute, prepare derivative works of, combine with other
works, display, and perform your User Content as permitted through the
functionality of this Site and under this Agreement. The above licenses
granted by you in your User Content terminate within a commercially
reasonable time after you remove or delete your User Content from this
Site. You understand and agree, however, that Mukunda Software Inc may
retain (but not distribute, display, or perform) server copies of your
User Content that have been removed or deleted. The above licenses
granted by you in your User Content are perpetual and irrevocable.
Notwithstanding anything to the contrary contained herein, Mukunda
Software Inc shall not use any User Content that has been designated
“private” or “password protected” by you for the purpose of promoting
this Site or Mukunda Software Inc’s (or Mukunda Software Inc’s
affiliates’) business(es).
7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Mukunda Software Inc generally does not pre-screen User Content (whether
posted to a website hosted by Mukunda Software Inc or posted to this
Site). However, Mukunda Software Inc reserves the right (but undertakes
no duty) to do so and decide whether any item of User Content is
appropriate and/or complies with this Agreement. Mukunda Software Inc
may remove any item of User Content (whether posted to a website hosted
by Mukunda Software Inc or posted to this Site) and/or terminate a
User’s access to this Site or the Services found at this Site for
posting or publishing any material in violation of this Agreement, or
for otherwise violating this Agreement (as determined by Mukunda
Software Inc in its sole and absolute discretion), at any time and
without prior notice. Mukunda Software Inc may also terminate a User’s
access to this Site or the Services found at this Site if Mukunda
Software Inc has reason to believe the User is a repeat offender. If
Mukunda Software Inc terminates your access to this Site or the Services
found at this Site, Mukunda Software Inc may, in its sole and absolute
discretion, remove and destroy any data and files stored by you on its
servers.
8. ADDITIONAL RESERVATION OF RIGHTS
Mukunda Software Inc expressly reserves the right to deny, cancel,
terminate, suspend, lock, or modify access to (or control of) any
Account or Services (including the right to cancel or transfer any
domain name registration) for any reason (as determined by Mukunda
Software Inc in its sole and absolute discretion), including but not
limited to the following: (i) to correct mistakes made by Mukunda
Software Inc in offering or delivering any Services (including any
domain name registration), (ii) to protect the integrity and stability
of, and correct mistakes made by, any domain name registry, (iii) to
assist with our fraud and abuse detection and prevention efforts, (iv)
to comply with applicable local, state, national and international laws,
rules and regulations, (v) to comply with requests of law enforcement,
including subpoena requests, (vi) to comply with any dispute resolution
process, (vii) to defend any legal action or threatened legal action
without consideration for whether such legal action or threatened legal
action is eventually determined to be with or without merit, or (viii)
to avoid any civil or criminal liability on the part of Mukunda Software
Inc, its officers, directors, employees and agents, as well as Mukunda
Software Inc’s affiliates.
Mukunda Software Inc expressly reserves the right to review every
Account for excessive space and bandwidth utilization, and to terminate
or apply additional fees to those Accounts that exceed allowed levels.
9. NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be bound by
Mukunda Software Inc’s Anti-Spam Policy referenced above. You agree
Mukunda Software Inc may immediately terminate any Account which it
believes, in its sole and absolute discretion, is transmitting or is
otherwise connected with any spam or other unsolicited bulk email. In
addition, if actual damages cannot be reasonably calculated then you
agree to pay Mukunda Software Inc liquidated damages in the amount of
Rs.50 ($1.00) for each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with your Account.
10. TRADEMARK AND/OR COPYRIGHT CLAIMS
Mukunda Software Inc supports the protection of intellectual property.
If you would like to submit (i) a trademark claim for violation of a
mark on which you hold a valid, registered trademark or service mark, or
(ii) a copyright claim for material on which you hold a bona fide
copyright, please refer to Mukunda Software Inc’s Trademark and/or
Copyright Infringement Policy referenced above.
11. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to
third-party websites that are not owned or controlled by Mukunda
Software Inc. Mukunda Software Inc assumes no responsibility for the
content, terms and conditions, privacy policies, or practices of any
third-party websites. In addition, Mukunda Software Inc does not censor
or edit the content of any third-party websites. By using this Site or
the Services found at this Site, you expressly release Mukunda Software
Inc from any and all liability arising from your use of any third-party
website. Accordingly, Mukunda Software Inc encourages you to be aware
when you leave this Site or the Services found at this Site and to
review the terms and conditions, privacy policies, and other governing
documents of each other website that you may visit.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND
THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS
SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS
AVAILABLE” AND “WITH ALL FAULTS”. Mukunda Software Inc, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Mukunda Software Inc, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I)
THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND
AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND Mukunda Software Inc ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR
WRITTEN INFORMATION OR ADVICE PROVIDED BY Mukunda Software Inc, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION
ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE
LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH
RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS
SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any
termination or expiration of this Agreement or your use of this Site or
the Services found at this Site.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL Mukunda Software Inc, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS,
OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING
OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO
THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE
WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT,
PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND
DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO
OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS
DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED
CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE,
AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND
WHETHER OR NOT Mukunda Software Inc IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of
action arising out of or related to this Site or the Services found at
this Site must be commenced within one (1) year after the cause of
action accrues, otherwise such cause of action shall be permanently
barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event
shall Mukunda Software Inc’s total aggregate liability exceed the total
amount paid by you for the particular ServiceS that ARE the subject of
the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND shall survive any termination or expiration of
this Agreement or your use of this Site or the Services found at this
Site.
14. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Mukunda
Software Inc and its officers, directors, employees, and agents, from
and against any and all claims, demands, costs, expenses, losses,
liabilities and damages of every kind and nature (including, without
limitation, reasonable attorneys’ fees) imposed upon or incurred by
Mukunda Software Inc directly or indirectly arising from (i) your use of
and access to this Site or the Services found at this Site; (ii) your
violation of any provision of this Agreement or the policies or
agreements which are incorporated herein; and/or (iii) your violation of
any third-party right, including without limitation any intellectual
property or other proprietary right. The indemnification obligations
under this section shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
15. FEES AND PAYMENTS
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased
at this Site at the time you order the Services. All prices and fees
are non-refundable unless otherwise expressly noted, even if your
Services are suspended, terminated, or transferred prior to the end of
the Services term. Mukunda Software Inc expressly reserves the right to
change or modify its prices and fees at any time, and such changes or
modifications shall be posted online at this Site and effective
immediately without need for further notice to you. If you have
purchased Services for a period of months or years, changes or
modifications in prices and fees shall be effective when the Services in
question come up for renewal as further described below.
Where refunds are issued, Mukunda Software Inc's issuance of a refund
receipt is confirmation that Mukunda Software Inc has submitted your
refund to the Payment Method charged at the time of the original sale.
You acknowledge and agree that the associated payment provider and/or
individual issuing bank establish and regulate the time frames for
posting your refund. Refund posting time frames may range from five (5)
business days to a full billing cycle.
(B) PAY BY CHECK (ELECTRONIC CHECK)
By using Mukunda Software Inc’s pay by check option (“Pay By Check”),
you can purchase Mukunda Software Inc Services using an electronic check
(from your personal or business checking/current account, as
appropriate).
It is your responsibility to keep your Checking/Current Account current
and funded. You acknowledge and agree that (i) Certegy reserves the
right to decline a transaction for any reason (including, but not
limited to, payments that fail to go through as a result of your
Checking/Current Account no longer existing or not holding
available/sufficient funds) and (ii) in such event, neither Certegy nor
Mukunda Software Inc shall be liable to you or any third party regarding
the same. If for any reason Certegy is unable to withdraw the full
amount owed for the Services provided, you agree that Certegy and
Mukunda Software Inc may pursue all available lawful remedies in order
to obtain payment (plus applicable fees). Mukunda Software Inc is not
responsible for the actions of Certegy. You agree that if the EFT or
bank draft is returned unpaid, you will pay a service charge in
accordance with the fees provided below, or as otherwise permitted by
law. These fees may be debited from your Checking/Current Account using
an EFT or bank draft. All fees are in Indian Rupee
(C) PAY BY PAYPAL
By using Mukunda Software Inc’s pay by PayPal payment option (“PayPal”),
you can purchase Mukunda Software Inc Services using PayPal. In
connection therewith, you agree to allow PayPal to debit the full amount
of your purchase from your PayPal account (“PayPal Account”) or from
the credit card(s), bank account(s), or other allowed Payment Method(s)
linked to your PayPal Account (“PayPal Funding Source”).
It is your responsibility to keep your PayPal Account and PayPal Funding
Source current and funded, and your PayPal Account backed by a valid
credit card. You acknowledge and agree that (i) PayPal reserves the
right to decline a transaction for any reason (including, but not
limited to, payments that fail to go through as a result of your PayPal
Account or PayPal Funding Source no longer existing or not holding
available/sufficient funds) and (ii) in such event, neither PayPal nor
Mukunda Software Inc shall be liable to you or any third party regarding
the same. If for any reason PayPal is unable to withdraw the full
amount owed for your purchase, you agree that PayPal and Mukunda
Software Inc may pursue all available lawful remedies in order to obtain
payment. You agree that if the transaction is returned unpaid, you will
pay a service charge of Rs.1500 ( $25.00) or the maximum amount allowed
by law, which may be debited from your PayPal Account or PayPal Funding
Source.
By clicking the box labeled “I agree” to the terms of the PayPal payment
option, you authorize a debit of the full amount of your purchase from
your PayPal Account or PayPal Funding Source.
16. UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account balance
(a credit positive balance) for three (3) years or more for any reason,
and (i) Mukunda Software Inc is unable to issue payment to such customer
or (ii) Mukunda Software Inc issued payment to such customer in the
form of a paper check, but the check was never cashed, then Mukunda
Software Inc shall turn over such account balance to the State of
Arizona in accordance with state law. You acknowledge and agree that in
either case (i) or (ii) above, Mukunda Software Inc may withhold a
dormancy charge in an amount equal to the lesser of Rs. 750 ( $15.00) or
the total outstanding account balance associated with such customer.
17. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors and assigns.
18. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
19. COMPLIANCE WITH LOCAL LAWS
Mukunda Software Inc makes no representation or warranty that the
content available on this Site or the Services found at this Site are
appropriate in every country or jurisdiction, and access to this Site or
the Services found at this Site from countries or jurisdictions where
its content is illegal is prohibited. Users who choose to access this
Site or the Services found at this Site are responsible for compliance
with all local laws, rules and regulations.
20. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
Except for disputes governed by the Uniform Domain Name Dispute
Resolution Policy referenced above and available here, this Agreement
shall be governed by and construed in accordance with the law of the
India and the state law of Delhi, whichever is applicable, without
regard to conflict of laws principles. You agree that any action
relating to or arising out of this Agreement shall be brought in the
courts of New Delhi, and you hereby consent to (and waive all defenses
of lack of personal jurisdiction and forum non conveniens with respect
to) jurisdiction and venue in the courts of New Delhi. You agree to
waive the right to trial by jury in any action or proceeding that takes
place relating to or arising out of this Agreement.
21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease
of reference only and shall not be utilized in any way to construe or
interpret the agreement of the parties as otherwise set forth herein.
Each covenant and agreement in this Agreement shall be construed for all
purposes to be a separate and independent covenant or agreement. If a
court of competent jurisdiction holds any provision (or portion of a
provision) of this Agreement to be illegal, invalid, or otherwise
unenforceable, the remaining provisions (or portions of provisions) of
this Agreement shall not be affected thereby and shall be found to be
valid and enforceable to the fullest extent permitted by law.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Mukunda Software Inc
F-201/4, 4th Floor, Gautam Nagar
New Delhi 110049, India
[email protected]
Revised: 29/01/2022 Copyright © 2006-2022. All Rights Reserved.