KBN CEO Desk
Terms & Conditions
By Signing Up it means that you have read and agree to the terms and conditions mentioned below.
This Agreement represents the complete Agreement and understanding between SELSOFT, that operates and owns the product and service KBN and having its office at 1st Floor,20(1)/25A, 3rd Street, Kumar Nagar East, Avinashi Road, Tirupur - 641 603 (hereinafter referred to as “LICENSOR”, which term shall, unless repugnant to the context or meaning thereof, mean and include its successors and permitted assigns; “us” and “our” shall be construed accordingly) of the ONE PART; and the Club or Association requesting a subscription (hereinafter referred to as the “LICENSEE”, “you” and “your” shall be constructed accordingly, which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors, assigns, representatives and heirs) of the OTHER PART; and supersedes any other written or oral agreement.
WHEREAS:-
The Licensor has developed and hosted an online application known as KBN CEO Desk (also printed as RMBTouch, herein after referred to as the “said application” and “site” shall be constructed accordingly).
The said application provides an online platform where members of a subscribing Chapter, club, association or group of people (hereinafter referred to as chapter) can gain access to details and data of other members of the same Chapter, Interact with them, Post details of themselves, and in some cases view details of other chapters where applicable. The application also provides the administrators of the subscribing chapter special rights to include data and details of Activities of their chapter, send E-Mail or notifications to any or all of its members as the case may be, manage subscription from its members, and other features and settings.
The Licensee desires to utilize the said application for its own administrative use as well as the benefit of its members.
The Licensor and the Licensee are desirous of executing this Agreement to record the terms and conditions of the services as under:
NOW THE PARTIES HEREBY AGREE AS FOLLOWS:
By visiting the said application, using any or all services and features, the Licensee agrees to be bound by the following terms and conditions.
Access and Use of Service
The Licensor will grant a login key/s to the administrator of the subscribing chapter / association.
The Licensee chapter/association administrator can use that login key to provide subsequent login key to any or all of its members, assign administrator rights to selected members, to manage data pertaining to their chapter.
You may only use our services and the like for lawful purposes and may not transmit defamatory, offensive or obscene material or in breach of copyright or other intellectual property rights.
We reserve the right to monitor material placed on our site by you and remove or edit or disclaim liability for such material in our sole discretion.
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
Notifications and Emails – Text messages (
We will provide you with an interface to send APP Messages / Emails to your members.
You agree that you will not send marketing or any other kind of messages other than chapter related information, status, birthday and anniversary wishes, update messages etc, and that you are solely responsible for such messages and are legally liable for all damages caused and SELSOFT is in no way liable for your actions or any damages you may cause.
You agree that sending messages involve third parties to deliver such messages and that we are not liable in any way for non-delivery of messages to your members/users. You also understand that you will not use this service to send critical messages which requires instant delivery. We will not be liable in any way for the losses incurred due to non delivery of such messages.
It might not be possible for us to deliver services to some locations in which event we will notify you in some way.
Prices & Charges
Kongu Business Network (KBN) Chapters The Licensee shall be liable to pay the Annual Usage Fees of Rs.5000/-
(Five Thousan Rupees Only), subject to review and revision from time to time. The said fees are for the use and access of the application
by the Licensee, its administrators and all its members.
NoN KBN Chapters / Groups The Licensee shall be liable to pay the Annual Usage Fees of Rs.6000/-
(Two thousand and Three Hundred Rupees Only), subject to review and revision
from time to time. The said fees are for the use and access of the application
by the Licensee, its administrators and all its members.
You agree to pay the Annual Usage Fees on or before the due date mentioned in the invoice, if you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, block you and your members or deny access to the said application. We need not provide you with advance notice in such circumstances.
All the taxes as applicable shall be charged and recovered extra.
RMBTouch may however provide a limited FREE Version to clubs. This free Limited version is provided only by the discretion of the Licensor.
Agreement Period
This Agreement will be valid for 12 months, and will automatically be renewed for another 12 months provided, renewal fees are received not more than 60 days after the Subscription End Date. Sixty days after the Subscription End Date, the service will be discontinued without notice.
Limitations of Liability
If you do not receive services ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you contact us about the problem within 40 days of the date on which you ordered the services. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem, regardless of whether you have notified to us of the possibility of such losses in advance. In no event shall Licensor's liability hereunder exceed the amount of license fees paid by Licensee. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary permits to purchase services from our site. The importation or exportation of certain of our services to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the services you purchase.
Termination
Termination by Licensee
You can close your account on the said application at any time. You acknowledge and agree to be bound by the terms of our privacy Policy wherever applicable.
You agree that you are legally liable to pay any outstanding amount by way of usage charges for the entire billing cycle weather or not you have completed that term.
Termination by Licensor
We reserve the right to cancel the contract between us if:
- We do not deliver to your area
- We have insufficient resources to deliver the services you have ordered.
- We have not received the annual charges within the due date
- If you are in material breach of any of these terms and conditions.
If we do cancel your contract we will notify you by email. We will not be obliged to offer any additional compensation for disappointment suffered.
Revisions
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
Links to Other Sites
Certain links, including hypertext links, in our site, email newsletters and email reminders, may take you outside of our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website or services or products outside our site.
The use of your information
You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
Logo Credits
The Application and the website uses Kongu Business Network Fellowship Logo with due credit to the organisation.
Copyright
All rights in the design, text, graphics, the application, the technical processes and programs and other material on our site and the selection or arrangement thereof are protected by copyright, trademark, patent, trade secret and other intellectual and proprietary rights. The Licensee may use the said application, logos, graphics, and other material only as permitted by this Agreement and for no purpose other than the performance of this Agreement or as expressly agreed to by the Licensor in writing. Any other use of materials on our site (including reproduction, alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
Notices
Unless otherwise expressly stated in these terms and conditions, privacy policy, all notices from you to us must be in writing and sent to our contact address at RMBTouch, SELSOFT, 1st Floor,20(1)/25A, 3rd Street, Kumar Nagar East, Avinashi Road, Tirupur - 641 603 and all notices from us to you will be displayed on our website or sent by email from time to time.
Events beyond our control
We shall have no liability to you for any failure to deliver services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, a problem at our web hosting provider, if you provide incorrect email addresses, email inboxes being full, an email service provider experiencing technical issues, reminders being deleted or moved by spam control software, a fault with your mobile service provider, you or your customers not having a mobile phone signal, you or your customers mobile phone being switched off, you not checking our network coverage and your network is not covered, you being abroad and not having the mobile connection required or being in a country or time zone that is not supported, or if you provide us with the wrong mobile phone number.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Indian Contracts (Rights of Third Parties) to enforce any term of this agreement .
Governing law
The contract between us shall be governed by and interpreted in accordance with Indian law and the Tiruchirappalli Court shall have jurisdiction to resolve any disputes between us.
Entire agreement
These terms and conditions, together with our current website prices, contact details and privacy policy, set out the whole of our agreement relating to the supply of the services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any services offered. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
You may not use this web site(s) if law prohibits you from doing so in the country in which you reside.