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ApartmentADDA.com - Terms of Service


Release Date: 10-June-2017

The below terms of service are applicable to all Users of the Portals: apartmentadda.com, adda.io, addagatekeeper.io and the Mobile Apps: ADDA, ADDA Admin, ADDA GateKeeper.

 

DEFINITIONS

"3Five8 Technologies", "We" represent the "Service Provider" and are interchangeable. It also represents any subsidiary company of 3Five8 Technologies Pvt. Ltd.

"Products" imply all offerings of 3Five8 Technologies, that are SaaS (Software as a Service) Products including but not limited to the Portals: apartmentadda.com, adda.io, addagatekeeper.io and the Mobile Apps: ADDA, ADDA Admin, ADDA GateKeeper.

"You" addresses the individual User reading and agreeing to these Terms.

"Apartment Complex" or "Multi Dwelling Unit" can mean a Villa Complex or an Apartment Complex or a Commercial Complex. It can also imply any such Organisation of Users utilising the Products.

"ADDA" means the specific Portal of the specific Multi Dwelling Unit, accessible to Residents and Office Staff of only that Multi Dwelling Unit.

"Association", "Society", "RWA" are used interchangeably.

"ADDA ERP" and "ApartmentADDA" are used interchangeably to imply the Product that automates Workflows in Communication, Facility Management, Billing, Collection and Accounting.

"ADDA GateKeeper" and "GateKeeper" are used interchangeably to imply the Product that automates workflow related to the Security Gate and is integrated with the ADDA ERP.

Both "ADDA ERP" and "ADDA GateKeeper" are Products of 3Five8 Technologies. 3Five8 Technologies plays the role of a custodian for the information stored by the User via either of these Products on Servers maintained by 3Five8 Technologies.

The following paragraphs contain further information about our Terms of Service, Privacy Policy, Payment Gateway Terms. Please make sure you read through this carefully. Please proceed with the use of the Products upon agreement with the Terms.

 

TERMS OF SERVICE

3Five8 Technologies provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time with information to you.

1. DESCRIPTION OF SERVICE

3Five8 Technologies provides a suite of Products categorised as below.

a) The “ADDA ERP” which provides Central Database of the Multi Dwelling Unit, integrated with Tools for Communication, Facility Management, Billing and Accounting.
b) The “ADDA GateKeeper” that digitised Security Workflow of the Multi Dwelling Unit.
c) The “ADDA” which is used by each Resident of the Multi Dwelling Unit, and is a Companion App/Portal to above two products.
All 3 products are integrated with each other. Depending on the access available to You, You may use any or all of these Products. Up-to-Date information on the Service Offerings are found on the Pricing Link of the website.

2. 3Five8 Technologies PRIVACY POLICY

Personal information about you are subject to our PRIVACY POLICY which is a section in these Terms.

3. USER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of the UserID and password you choose when you create your account, and are fully responsible for all activities that occur under your account. You agree to immediately notify 3Five8 Technologies of any unauthorized use of your password. 3Five8 Technologies will not be liable for any consequence arising from your failure to comply with this Section.

4. ABUSE OF SERVICE

You understand that all information (such as data files, written text, audio files, images or any other media) which you may have access to as part of, or through your use of the Products of 3Five8 Technologies are the sole responsibility of the person from which such content originated. 3Five8 Technologies takes no responsibility for abusive content, and it is the responsibility of the users to regulate such content. 3Five8 Technologies takes no responsibility for any data generated within any of its Products and published or distributed outside by the user.

In case of ADDA GateKeeper usage the Association and Administrative Users take responsibility to treat the Visitor Data with same Privacy and Sanctity that they do for Visitor Data captured prior to use of ADDA GateKeeper. 3Five8 Technologies takes no responsibility for any data captured in ADDA GateKeeper and published or distributed outside by any User having access to such Data.
3Five8 Technologies reserves the right to suspend its service to Users involving in service abuse.

5. LIST OF PROHIBITED ITEMS

Users are prohibited from aiding in the sale / exchange of any item present in the below list. This is only a partial list and items can be added as and when prohibited to law or brought to the notice of 3Five8 Technologies.
Airline tickets that restrict transfer, other unauthorized ticket sale - Alcohol or tobacco products - Blood, bodily fluids or parts - Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying info Burglary tools, including but not limited to lock-picks or motor vehicle keys - Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia -Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them - Counterfeit, replica, or knock-off brand name goods - Coupons or gift cards that restrict transfer, other unauthorized coupons or gift cards - False identification cards, forged certificates - Fireworks, firearms and explosives - Gambling items, including but not limited to lottery tickets - Material that infringes copyright, including but not limited to software or other unauthorized digital goods sale - Pornography - Pet animal parts, blood, or fluids - Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids - Stolen property, or property with serial number removed or altered.


Items can be included in the above list as and when prohibited.

6. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Products, use of the Products, or access to the Products.

7. MODIFICATIONS TO SERVICE

As SaaS products, all of 3Five8 Technologies offerings will undergo continuous modifications in its Features and Service. In case any feature or service is phased out, adequate time and notice will be given to you, so that you may retain the Information assets created by you as part of that Feature. Beyond the time given, you agree that 3Five8 Technologies shall not be liable to you or to any third party.

8. 3Five8 Technologies PROPRIETARY RIGHTS

You acknowledge and agree that the Products contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by 3Five8 Technologies, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products, in whole or in part. You also agree not to extract the code or reverse-engineer it in anyway. Any attempt at hacking or unlawful use of the Products can and will invite the maximum prosecution allowable under the law.

9. WARRANTIES AND DISCLAIMERS

Our Warranties. We warrant that
(i) the Products shall perform materially in accordance with the Functionality listed in Features List, and
(ii) the functionality of the Products will not be materially decreased during a subscription term. A Subscription Term is defined by the term for which the Subscription Payment is already made. For any breach of either such warranty, your exclusive remedy shall be Termination of Use including Refund of Advance Payments made for the Subscription Term.

10. LIMITATION OF LIABILITY

In no event shall either party’s aggregate liability arising out of or related to these Terms/Agreement, whether in contract, tort or under any other theory of liability, exceed the total amount paid by you under the current active Subscription Term.

11. Support SLA

a) All Support queries are to be lodged using the "Software Help" feature present on the Products. If the issue is related to log in, support email can be sent to support@ApartmentADDA.com (for Users belonging Indian Multi Dwelling Units) and to support@adda.io (for Users belonging to Multi Dwelling Units outside India)
b) All support queries will receive initial response within maximum 16 business hours of 3Five8 Technologies receiving the request. Business hours are 9AM to 6PM, IST. Support SLAs are available to all Users covered by a Subscription Term. Support SLAs are not available to Users on Trial, Free Package, or any other UnPaid Usage mode.

 

PRIVACY POLICY

3Five8 Technologies does not sell, rent or otherwise make available the personal information of the Users, Visitors, Association Staff, Domestic Staff or the common information of the Society to any third-party, without their explicit approval.

REGISTRATION

In order to use the Products, a user must first complete the registration form. During registration a user is required to give their contact information and proof of being associated with the Multi Dwelling Unit. The registration information given by the user must always be accurate, correct and up to date. This ensures the User can get the maximum benefit from the Product.

YOUR PERSONAL INFORMATION

The User stores information about himself/herself under his/her User Profile. Information provided is available to the User and the Administrative Users belonging to the same Multi Dwelling Unit as the user. The Visitor information entered in GateKeeper is available to the Flat to which the Visitor is visiting, and to the Administrative Users belonging to the same Multi Dwelling Unit as the user. The Domestic Staff information entered in GateKeeper is available to the Flats in which the specific Domestic Staff member works and to the Administrative Users belonging to the specific Multi Dwelling Unit.

LINKS

Links to other sites may be present in the Products. Please be aware that we are not responsible for the privacy practices of such other sites. Please be aware when you leave the Product site and visit these other sites, to read the privacy statements of such sites especially in case they collect personally identifiable information. This privacy policy applies solely to information collected by the Products of 3Five8 Technologies.

BUZZAR

The Buzzar is a feature provided for Users for availing useful services for their Home or Multi Dwelling Unit. The user understands that any information provided on Buzzar, is visible outside his ADDA. The user is responsible for any information shared via Buzzar.

SECURITY

3Five8 Technologies takes every precaution to protect users' information. When users submit sensitive information via the portal, the information is protected both online and off-line. We have enabled SSL encryption so as to ensure that your data remains encrypted during transmission to and from the site. These precautions, though industry standard are nonetheless only as secure as the end-user's practice. To ensure that unauthorised parties do not get access to information on this portal, we encourage all users make sure that they log-off from all sessions - especially from public computers such as at internet cafes.

As part of our disaster recovery strategy, we have regular backups taken to protect you from sudden data loss. If you have any questions about the security at our portal, you can send an email to support@ApartmentADDA.com

SITE AND SERVICE UPDATES

We also send the user site and service announcement updates. Users may choose to unsubscribe from receiving these emails by following the instructions that will be part of each announcement email.

NOTIFICATION OF CHANGES

Any change made to the Privacy Policy will be posted on the Homepage so our users are always kept aware. Also they will be notified via Email about any such change.

NOTIFICATION TO VISITORS (for GateKeeper usage)

While Users belong to the legal entity of an Association and may receive important notifications on their Mobile Number Visitors are not part of the Association. Notification to Visitor Mobile Numbers, if any, will be strictly per TRAI regulations.

PRIVACY AND SECURITY OF PAYMENT INFORMATION

3Five8 Technologies makes it possible for the User to pay various charges via its Products. Details of securing the Payment Information is available in a separate Terms knows as the “PAYMENT GATEWAY TERMS”

 

ApartmentADDA Payment Gateway Terms of Service

Release Date: 10-June-2017

3Five8 Technologies integrates in its Products various Payment Gateways provided by Third Party Payment Gateway Companies or Banks. The usage of the Payment Gateway integrated with the 3Five8 Technologies Products is subject to the following Payment Gateway Terms.

 

DEFINITIONS

"3Five8 Technologies", "We" represent the "Service Provider" and are interchangeable. It also represents any subsidiary company of 3Five8 Technologies Pvt. Ltd.

"Products" imply all offerings of 3Five8 Technologies, that are SaaS (Software as a Service) Products including but not limited to the Portals: apartmentadda.com, adda.io, addagatekeeper.io and the Mobile Apps: ADDA, ADDA Admin, ADDA GateKeeper.

"Association" and "Society" are used interchangeably. This Term can also be used to indicate Property Builder, Facility Management Company, or any organisation authorised by Payers to collect from them.

“APGI” shall mean ADDA Payment Gateway Integration, and will imply all screens on the Products of 3Five8 Technologies where Online Payment functionality is made available.

"APGI User" means any person holding a Valid Credit Card/Debit card/Net Banking Account and who desires to pay the Association for the Services listed by the Association on the Products of 3Five8 Technologies, and makes payment for the same over the Internet on any of the 3Five8 Technologies’ Products using a Valid Credit Card/Debit Card/NetBanking Account.

“Issuing Bank” in respect of a APGI User, means the bank which has issued the Valid Credit Card to the APGI User with which APGI User makes the payment.

“Service” exclusively means any service that the Association offers to provide / has provided to the APGI User, the payment for which is being made by the APGI User.

“Card Associations” shall mean and include Master Card, Visa, Diners, American Express etc. which authorizes and enables credit card transactions.

3Five8 Technologies integrates Payment Gateway in its Products, and makes it available for the collection of Dues by Associations subscribing to its Products on the Software as a Service model.

The APGI User utilises the APGI upon agreement with the below Terms. While the Terms apply to every APGI User, it is of utmost importance for the Association to understand and agree to these Terms before Activation of the APGI.

 

PAYMENT GATEWAY TERMS

1. DESCRIPTION OF SERVICE

3Five8 Technologies has integrated third-party Payment Gateway(s) which can be availed by Associations for collecting Dues from its Owners/Tenants/Vendors. For this utility, 3Five8 Technologies plays the role of an Online Collection Agent for the Associations.

2. COVENANTS OF THE ASSOCIATION

1. The Association shall ensure that all charges levied against the APGI User is valid and is meant to be collected using the “APGI”. It will also maintain relevant Documentations (e.g., Bye-Laws, Membership Details ) to substantiate all charges levied against the APGI User.
2. The Association shall not input Credit/Debit Card or NetBanking Data on the APGI themselves or by the staff, on behalf of the APGI User.
3. 3Five8 Technologies will not be a party to any Agreement between the Association and the APGI Users – whatsoever. All agreements will be between the Association and the APGI Users.
4. The Association shall ensure that all licenses and registrations required by the Association are in full force and effect to enable the Association to collect relevant charges/taxes from the APGI User.
5. The Association assures and guarantees to the 3Five8 Technologies, the Card Associations, Acquiring Banks, Facility Providers that the Association shall comply with all rules, byelaws and standards set by the Card Associations, Acquiring Banks, the Facility Providers and further assures and guarantees that the following products and services shall not be sold to the APGI Users using the APGI- 1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature,imagery and other media); escort or prostitution services 2) Alcohol which includes Alcohol or alcoholic beverages such as beer,liquor, wine, or champagne 3) Body parts which includes organs or other body parts 4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam) 5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free 6) Child pornography which includes pornographic materials involving minors 7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection 8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials 9)Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials including OEM or bundled software 10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods 11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms 12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items 13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction 14) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content 15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles 16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property 17) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts 18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes 19) Offensive goods which include literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred. 20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals 21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner 22) Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances 23) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications 24) Securities which includes stocks, bonds, or related financial products 25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products 26) Traffic devices which includes radar detectors jammers, license plate covers, traffic signal changers, and related products 27) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments 28) Wholesale currency which includes discounted currencies or currency exchanges 29) Live animals 30) Multi Level Marketing collection fees 31) Matrix sites or sites using a matrix scheme approach 32) Work-at-home information 33) Drop-shipped merchandise 34) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of the Country where the Association belongs.
The Association further confirms, undertakes and assures 3Five8 Technologies, the Card Associations, the Acquiring banks and the facility providers that in the event of violation of any of the byelaws and Standards of the Card Associations, Acquiring Banks, Facility Providers and 3Five8 Technologies by the Association AND any penalty imposed by the Card Associations, Acquiring Banks, Facility Providers on 3Five8 Technologies for any violation for any reason whatsoever, the Association shall on receipt of the claim from 3Five8 Technologies undertakes forthwith without any demur, protest, dispute or delay, to pay to 3Five8 Technologies the amount of the penalty / fine imposed by the Card Associations, AcquiringBanks, Facility Providers on 3Five8 Technologies.

3. DISPUTES REGARDING SERVICES

3Five8 Technologies, the facility providers and the Acquiring Banks shall not be responsible for the quality of Services to the APGI User. (Services imply those provided by Association to the APGI User. Please refer to Definitions for details). 3Five8 Technologies, the facility providers and the Acquiring Banks shall also not be responsible for any non-delivery of the Services to the APGI User. Provided that any and all disputes regarding quality, non-delivery and delay in delivery of the Service or otherwise will be dealt with by and between the Association and the APGI User directly and 3Five8 Technologies, the facility providers and the Acquiring Banks shall not be a party to such disputes.

4. INDEMNITY

The Association hereby undertakes and agrees to indemnify 3Five8 Technologies, the Facility Providers and the Acquiring Banks and hold 3Five8 Technologies, the Facility Providers and the Acquiring Banks harmless and keep 3Five8 Technologies, the Facility Providers and the Acquiring Banks at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of 3Five8 Technologies, the Facility Providers and the Acquiring Banks on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising directly or indirectly as a result of:
a) any breach or non-performance by the Association of any of the Association’s undertakings, warranties,covenants, declarations or obligations under this Agreement; or
b) any claim or proceeding brought by the APGI User or any other person against 3Five8 Technologies, the Facility Providers and the Acquiring Banks in respect of any services offered by the Association; or
c) any act, neglect or default of the Association’s agents, employees, licensees or APGI Users; or
d) any loss or liability arising to 3Five8 Technologies or the Acquiring Banks or the Facility Providers Banks in respect of any services offered by the Association; or
e) any claim by any other party against 3Five8 Technologies, the Facility Providers and the Acquiring Banks arising from sub-clause (a), (b),(c) or (d) above.

Example of specific situations could result in a charge back claim. a) The APGI User moves out of the Residential Complex, the Move-Out fee is levied on the APGI User. The APGI User makes payment using his credit card, and later claims to the Credit Card company, claiming it to be an incorrect Payment. In this situation, the responsibility rests with the Association to have adequate documentation, to prove that the APGI User was a Member of the Association, as well as Bye-Laws that substantiate charging of the Move-Out Fee. In absence of such substantiations, or upon non-acceptance of any such substantiation by the Acquiring Bank, Credit Card company or Card Associations, any resulting charge back (cancellation of the payment by the credit card) has to be refunded by the Association.
b) The APGI User uses a stolen Credit Card to make a Payment. The Credit Card company will later cancel all these payments, which must promptly be refunded by the Association.
(2)The indemnities under this Article are in addition to and without prejudice to the indemnities given elsewhere in this Payment Gateway Terms and all the indemnities provided herein shall survive the termination of the Subscription Agreement.

5. NO WARRANTY

(1) 3Five8 Technologies, the Acquiring Banks and the Facility Providers disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose. The Association acknowledges that the 3Five8 Technologies, the Facility Providers and the Acquiring Bank’s services may not be uninterrupted or error free. The Association also acknowledges that the services provided by the Acquiring banks and the facility providers to 3Five8 Technologies which is passed on to the Association under the APGI agreement, can be in any event be brought to an abrupt end in any event whatsoever by any of the acquiring banks or the facility providers for any reason whatsoever.
2) 3Five8 Technologies’ sole obligation and the Association’s sole and exclusive remedy in the event of interruption to the Services or loss of use and/or access to the Products of 3Five8 Technologies, the facility Providers facilities and the Acquiring Bank’s Payment Mechanism and services, shall be to use all reasonable endeavors to restore the Services and/or access to the Payment Mechanism as soon as reasonably possible.
Without prejudice to any other provision of this Agreement, 3Five8 Technologies, the Facility Providers and the Acquiring Banks does not warrant that: - a. The Products of 3Five8 Technologies, the facility providers facilities and the Acquiring Bank’s Payment Mechanism will be provided uninterrupted or free from errors or that any identified defect will be corrected; or
b. is free from any virus or other malicious, destructive or corrupting code, program or macro; or
(3) For the avoidance of doubt, in no event shall 3Five8 Technologies, the Facility Providers and the Acquiring Banks be liable to the Association or any other third party for any of the following: a. amounts due from APGI User in connection with any service obtained by the APGI User from the Association; b. any applicable taxes and Government levies;

6. TRANSACTION LIMITS

3Five8 Technologies, the Facility Providers and the Acquiring Banks reserves the right to impose limits on the number of purchases which may be charged on an individual credit card account during any time period, and reserves the right to refuse to make payments in respect of transactions exceeding such limit or from APGI Users with a prior history of questionable charges.

7. TERMINATION

a) Termination for Breach.
3Five8 Technologies may terminate the APGI Agreement with prior written notice to the Association of at least 30 days if the Association commits any breach of the terms of this Agreement.
b) Termination in Case of Violation of Law.
In addition to any other termination rights granted by this Terms of Service, 3Five8 Technologies may terminate the Agreement immediately without liability upon verbal or written notice if (i) 3Five8 Technologies or the Facility Providers or the Acquiring Banks is notified or otherwise determines in good faith that the Association is using the APGI in furtherance of any activity which violates any law, rule, or regulation or (ii) 3Five8 Technologies, the Acquiring Banks or the Facility Providers or any of their directors, officers, stockholders, employees or agents are made the subject of a criminal or civil action or investigation or are threatened by such action as a consequence of use of the APGI by the Association.
c) Termination by notice
In addition to any other termination rights granted under this Terms of Service, either Party may terminate this Agreement on 30 days written notice to the other.