Welcome to KUBER! These terms and conditions describe the terms on which you may access and use this website.
The KUBER software and website is owned and operated by SEERTREE GLOBAL SERVICES PRIVATE LIMITED, hereinafter referred to as "SGSPL". These Terms and Conditions (hereinafter "Agreement") along with the Privacy Policy (together referred to as "Policies") as modified or amended, will govern your use of the services and features of the KUBER services. Use of the services by you amounts to acceptance of the Agreement and the Policies, whether or not you have read the same.
SGSPL reserves the right to change the terms and conditions contained in the Agreement or the Policies from time to time and at any time, without notice and in its sole discretion. Any change or modification to the Agreement and the Policies will be uploaded immediately upon such terms/policy being framed and shall be effective from the date such Agreement and Policies are uploaded on the website. Your continued use of the website following the modifications to the Agreement and Policies constitutes your consent to and acceptance of the modified Agreement and Policies.
Only persons 'competent to contract' as provided in the Indian Contract Act, 1872 are eligible to use this website. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If your age is below 18 years, your parents or legal guardians can transact on behalf of you who agrees to be bound by the Agreement herein. SGSPL reserves the right to prevent any person from using the website.
SGSPL will only provide their services if you are a registered and valid user of the website. You shall be responsible for maintaining confidentiality of your account, password, and restricting access to your electronic device, and you hereby accept responsibility for all activities that occur under your account and password.
If you have reason to believe that the security of your account has been compromised, please contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to SGSPL.
You hereby agree that the Information provided by you is true and accurate. You undertake to maintain and promptly update such information as and when any such change is required to be updated. Failure to adhere to this, will entitle SGSPL to indefinitely suspend or terminate your membership and refuse access to the website. You are solely responsible for any/all content that you may upload, post, email or otherwise transmit via our website.
We shall maintain your Information in accordance with our Privacy Policy.
SGSPL grants you a limited sub-license to access and make personal use of this Website and not to download (other than page cookies) or modify any of the contents of the website, except with prior express written consent of SGSPL.
This license does not include any commercial use of this site or its contents; any collection and use of any descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site including any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the site may not be copied, reproduced, duplicated, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of SGSPL.
Your use of our Website and its Services & content is solely for your personal and non-commercial use. Any use of contents other than for personal purposes is prohibited. Your personal and non-commercial use of Website and its Services & content shall be subjected to the following restrictions:
1. You may not decompile, reverse engineer, or disassemble the contents of the Website and its Services & content or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or remove any copyright, trademark registration, or other proprietary notices from the contents.
2. You will not use the Website and its contents for commercial purposes of any kind, or advertise or sell or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or use the Website and its contents in any way that is unlawful, or harms SGSPL or any other person or entity.
No User shall be permitted to perform any of the following prohibited activities while availing of SGSPL’s Services:
1. Making available any content that is abusive, tortious, defamatory, libelous, false, misleading, unlawful, harmful, threatening, vulgar, obscene, child-pornographic, lewd, profane, hateful, or racially, ethnically or otherwise objectionable;
2. Stalking, harassing or intimidating another or inciting others to commit violence;
3. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
4. Interfering with any other person's use or enjoyment of the Website and its content;
5. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
6. Make available any content or material that you do not have a right to, under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consent for such use of the content;
7. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
9. Access or use the Website in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
10. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms;
11. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
12. Interfere with, or inhibit any user from using and enjoying access to the Website, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website;
13. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
14. Alter or modify any part of the Services;
15. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
16. Violate any of the terms specified under the Terms for the use of the Application / Website / Services / products.
SGSPL hereby reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the website and to block and prevent your future access to the website.
Payments for the subscriptions on the Website may be made in the following ways:
Payments can be made by Credit Cards, Debit Cards and Net Banking as available. Credit card, Debit Card and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order.
In case of purchases being made above the value of Rs. 2,00,000/- (Rupees Two Lakhs) or more, SGSPL would send an email seeking for the copy of the pan card from you for accounting purposes as mandated by the Government of India. The relevant PAN account must match the same credentials as that of the payee for the payment and order to be processed.
You can use your company name, account and payment for purchases on our website. However, for processing the same, we require the entity’s GST Number. In the event that the GST number is incorrect, SGSPL will not be held liable for No Input Credit.
SGSPL reserves all intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this website. The compilation (meaning the collection, arrangement and assembly) of the content on the website is the exclusive property of SGSPL.
Access to this website shall not be considered as conferring upon anyone a license to any SGSPL or third-party intellectual property rights. All rights, including trademarks, copyright, etc. in this website are owned by SGSPL and/or its suppliers and licensors. Any use of this website or its contents, including copying or storing any information in whole or part, other than for your own personal, non-commercial use is prohibited.
The " SEERTREE GLOBAL SERVICES PRIVATE LIMITED" name and logo, “SGSPL” name and logo and “KUBER” name and logo and all related product and service names, logos, design marks, taglines, slogans and epithets are the trademarks or service marks of SGSPL. All other marks provided on the website are the property of their respective companies. No trademark or service mark license is granted to the user in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this website (collectively, the "Contents") are intended solely for personal, non-commercial use to the user. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the website or any related software.
SGSPL reserves all intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this website. The compilation (meaning the collection, arrangement and assembly) of the content on the website is the exclusive property of SGSPL.
All software used on this website is the property of SGSPL or its suppliers/licensors and are protected by Indian and International Copyright Laws. The Contents and software on this website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this website is strictly prohibited.
Links, Banners, Pop-ups and References on this website to any names, marks, products or services of third parties including third party apps and/or websites or information are provided solely for the user’s convenience. This does not in any way constitute or imply SGSPL’s endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between SGSPL and those third parties.
SGSPL is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to access any such third-party websites, you do so entirely at your own risk.
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the extent permitted under applicable law, SGSPL and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you
This Agreement shall be construed in accordance with the applicable laws of India. The Madras High Court shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this Agreement arising between the parties hereto shall also be subject to the jurisdiction of the Madras High Court.
You agree to defend, indemnify and hold harmless SGSPL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to SGSPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms and Conditions for Use, or arising out of your violation of any applicable website laws, regulations including but not limited to fraud, payment of statutory dues and taxes, claim of defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
You agree to defend, indemnify and hold harmless SGSPL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to SGSPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms and Conditions for Use, or arising out of your violation of any applicable website laws, regulations including but not limited to fraud, payment of statutory dues and taxes, claim of defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
SGSPL, its suppliers, subsidiaries, affiliates, officers, employees, agents, partners and licensors, shall not be liable for any damages of any kind arising out of or in connection with the use of the website or the services from the website.
SGSPL, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website will be error free and/or uninterrupted.
SGSPL assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website ; and/or any interruption or errors in the operation of the website.
This clause shall survive the expiry or termination of the Agreement.
This Agreement is effective unless and until terminated by either you or SGSPL. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. SGSPL may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site and such termination will be without any liability to SGSPL. Upon any termination of the User Agreement by either you or SGSPL, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. SGSPL's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the services already availed from the Website or affect any liability that may have arisen under the User Agreement.
All content, products, and services on the website, or obtained from the website to which the website is linked are provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
The website may be unavailable from time to time for any reason including, and without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of SGSPL, access to the website may be interrupted, suspended or terminated from time to time. SGSPL shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the website may discontinue disseminating any portion of information or category of information.
The services on the Website are not intended to provide any legal, tax or financial or securities related advice. You agree and understand that the Website is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor. Your personal financial situation is unique, and any information and advice obtained through the facilities may not be appropriate for your situation.
Although all efforts are made to ensure that information and content provided as part of this Website is correct at the time of inclusion on the Website, however there is no guarantee to the accuracy of the Information. This Website makes no representations or warranties as to the fairness, completeness or accuracy of Information. There is no commitment to update or correct any information that appears on the Internet or on this Website. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of this Website or the information is at your own risk. Neither SGSPL, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Website or the information, or any website linked to this Website
The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.
The information contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe SGSPL or any of its employees/authorized representative as having been in any way involved in your decision-making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice
You are prohibited from violating or attempting to violate the security of the website, including, but not limited to:
Violations of system or network security may result in civil or criminal liability.
SGSPL is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from SGSPL on this website and other than generally available third-party web browsers and search engines.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to the applicable website law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue to be in effect. Unless otherwise specified herein, the present agreement along with the privacy policy together constitute the entire agreement between you and SGSPL with respect to the website /services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
SGSPL’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
If a User wishes to report a violation of the present agreement and has any questions or needs assistance, please contact via:
Phone: +91 - 63831 51270
THIS AGREEMENT is entered into as of 17th March 2022 (“Effective Date”) by and betweenM/s Seetree Global Services Pvt. Ltd. (Seetree), with registered office at New No.20, 2nd Street, Raghavan Colony, Ashok Nagar, Chennai – 600083 (“LICENSOR”) and COMPANY NAME AND ADDRESS (“LICENSEE”).
WHEREAS, Licensee wishes to license software for the purpose of managing their treasury investments, debt, and risk portfolio and the Licensor has agreed to license this software to Licensee.
NOW THEREFORE, the parties hereto agree as follows:
Subject to the terms and conditions of the Agreement, the Licensor herein grants to Licensee a non-exclusive, non-transferable, revocable license to use the software identified in Exhibit A (the “Licensed Programs”) for the purpose of managing their treasury investments, debt, and risk portfolios. Licensee may use the Licensed Programs in executable format for its own use, and may not transfer, assign, or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified.
A. Licensee shall pay, upon delivery of the Licensed Programs, the license fees set forth in a separate Implementation Services Contract.
B. License fees do not include any actuals and expenses such as shipping, duties, bank fees, sales, use, excise, or similar taxes due. If Licensor is required to pay any such amounts, Licensee shall reimburse Licensor in full.
Licensee may make copies of the Licensed Programs in executable code form as necessary for use by Licensee and for backup or archive purposes. Licensee agrees to maintain records of the location and use of each copy, in whole or in part, of the Licensed Programs. The copyright in each Licensed Program is owned by the Licensor. Licensee agrees to reproduce and apply the copyright notice and proprietary notice of Licensor to all copies made hereunder, in whole or in part and in any form, of Licensed Programs.
The original and any copies of the Licensed Programs, made by Licensee, including translations, compilations, partial copies, and updates thereof, are the sole property of the Licensor.
Licensee recognizes that the Licensor is the proprietor of the Licensed Programs, including the intellectual property, proprietary information, and the confidential trade secrets. Licensee agrees not to provide or to otherwise make available in any form, the Licensed Programs, or any portion thereof, to any person other than employees of Licensee without the prior written consent of Licensor. Licensee further agrees to treat the Licensed Programs with the same degree of care with which Licensee treats its own confidential information and in no event with any less care than is reasonably required to protect the confidentiality of the Licensed Programs.
Any customization in the said software which has been specifically created by the Licensor for the needs and purposes of the Licensee will be owned by the Licensee and the Licensor shall provide reasonable support to the licensee to assign such right, title and interest to the licensee, at the sole cost of the licensee, in relation to the present software license agreement. It is agreed by both parties that the Licensor shall be free to use the residuals, i.e., the general know-how and the skills developed during the course of services and the licensee hereby grants and permits the licensor to use such intellectual property created, including the technical know-how, without any charges, while performing the services under the present agreement to the licensee.
The license granted hereunder shall continue for a period of five (5) years from the effective date, unless and until terminated pursuant to Section 7 hereof and subject to Licensee's proper performance of its obligations hereunder. The parties may mutually agree to extend the term of the agreement.
Licensor may terminate this Agreement if Licensee is in default of any of the terms and conditions of this Agreement and fails to correct such default within thirty (30) days after written notice thereof from the Licensor.
Either Party may terminate this agreement in case the other Party: (i) becomes insolvent, bankrupt, or applies for winding up; (ii) is acquired by a third party entity which may include a competitor of the other party. Either Party may terminate this agreement at any time, upon presentation of ninety (90) days notice to the other Party.
In the event of termination, Licensee will immediately discontinue use of the Licensed Programs. Within one (1) month after termination of this Agreement, Licensee will furnish to Licensor a certificate which certifies with respect to each of the Licensed Programs that, through its best effort and to the best of its knowledge, the original and all copies, in whole or in part and in any form, of each of the Licensed Programs have been destroyed. The provisions of Sections 4, 5, 8, 11, and 13 hereof shall survive any termination of this Agreement.
Licensor will provide to Licensee the following support with respect to the Software:
a. If during the 1st six months of this Agreement, Licensee notifies Licensor of a substantial program error respecting the Software, or Licensor has reason to believe that error exists in the Software and so notifies Licensee, Licensor shall at its expense, verify and attempt to correct such error within the timeline as given below, after the date of notification.
| Severity Level | Description | Response Time | Target Resolution Time |
|---|---|---|---|
| Critical | Error that causes the inability to continue working, affecting critical business processes or to an entire group of users such as: a full department, locality, branch office, line of business or external customer. There is no alternative to continue operating. | 30 Minutes | 2 Hours |
| High | When a business process is affected in such a way that there is a severe degradation of its functions, a group of users are affected or a user responsible for a critical process is affected. There may be alternatives to work; however, they are not sustainable for long periods of time and/or the easy way. | 30 Minutes | 4 Hours |
| Medium | When a business process is affected in such a way that there is a lack of availability of features for end users or the quality of service in a system will be degraded. There are some alternatives of work. | 2 Hours | 36 Hours |
| Low | The process has a low impact on the operation of the business and its attention and solution can be scheduled. There are alternatives for work. | 4 Hours | 48 Hours |
b. If Licensee is not satisfied with the correction, the Licensee may intimate the Licensor of the same, and if the issue notified is not resolved within a period of seven (7) days from the date of notification by the licensee, the Licensee will have the option of terminating this Agreement, but without refund of any amount paid to Licensor or release of any amounts due to the Licensor at the time of termination.
c. If Licensee has technical questions in the use of the Software during the pendency of this Agreement, Licensee may submit those questions to Licensor. Licensor shall provide consulting to answer such questions without charge to Licensee up to a maximum of forty (40) hours.
d. If License desires to continue the Software support specified in this section, Licensee shall pay to Licensor the maintenance fee(s) set forth in the Implementation Services Contract.
Licensor shall use its best efforts to deliver the Licensed Programs promptly after receipt of the purchase order and export license (if required).
Licensor licenses, and Licensee accepts, the licensed programs “AS IS.” LICENSOR PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, EXCEPT AS PROVIDED FOR UNDER THE PRESENT AGREEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE.
Licensor represents and warrants that Software is the sole and exclusive property of the Licensor and that the license or use of said Software will not infringe upon or violate any Intellectual Property Rights, including but not limited to patent, copyright, trademark, design, trade secret, or other proprietary right of any third party.
Licensee represents and warrants that the software being licensed by the Licensor to the Licensee will not be used, either by the licensee or its agents, employees, and assigns to commit any unlawful and/or illegal acts or offenses. The Licensee further indemnifies the Licensor from any liability arising from such unlawful/illegal acts.
LICENSOR'S LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO LICENSOR. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, NEGLIGENCE, GOODWILL, REPUTATION, LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY CLAIM OF LIABILITY.
All notices in connection with this Agreement shall be in writing and shall be made in writing and addressed to the Parties at their respective addresses and email IDs stated hereinabove or any other addresses as may be specified by a Party from time to time and shall be sent by courier, registered post, and by e-mail. For purposes of this Agreement, a notice shall be deemed effective upon confirmation of delivery of the notice to the party.
This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors, and assigns except as otherwise provided herein.
In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part.
This Agreement shall be construed and governed by the laws of India. The Parties hereby submit to the jurisdiction of the appropriate court having jurisdiction in Chennai, India. Any dispute under this agreement shall be discussed and amicably resolved through authorized representatives of both Parties. In the event of any disputes or claims arising out of or in connection with this Agreement, the execution, breach, termination, or invalidity thereof, the Parties shall attempt first to resolve such disputes or claims by negotiating in good faith. If such discussion fails, the parties may initiate such proceedings before the appropriate court having jurisdiction in Chennai, India.
This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by Licensee without the prior written consent of the Licensor.
Licensee understands that the Licensor is subject to regulation by agencies of the Indian Government, which prohibit export or diversion of certain technical products to certain countries. Licensee warrants that it will comply in all respects with the export and re-export restrictions set forth in the export license for the Licensed Programs and all other applicable export regulations. Licensee agrees to indemnify and hold the Licensor harmless from any loss, damages, liability, or expenses incurred by the Licensor as a result of Licensee's failure to comply with any export regulations or restrictions.
The parties agree to protect and keep confidential any proprietary or confidential information, including documents, computer records, specifications, formulae, evaluations, methods, processes, technical descriptions, reports, and other data, records, and information provided to or acquired by them under this Agreement.
Both Parties agree to comply with their respective obligations under all applicable data protection and privacy laws. The Licensee accepts and approves that the Licensor may process personal data on the Licensee’s behalf. The Licensee further accepts and approves that personal data processed on the Licensee’s behalf may be transferred to the Licensor for the purposes of provision and management of the Services, including maintaining network infrastructure and providing technical support. The Licensor agrees to safeguard and protect the Licensee’s personal information against unauthorized access, accidental loss, improper use, and unlawful disclosure, as required by applicable data protection law.
This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions, and understandings, express or implied, concerning such matters. This Agreement shall take precedence over any additional or conflicting terms which may be contained in Licensee's purchase order or SEERTREE's order acknowledgment forms.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the Effective Date.
By:
Name:
Title:
M/S Seertree Global Services Pvt. Ltd.
By:
Name:
Title:
LICENSED PROGRAMS Kuber TMS (Kuber Treasury Management Solution) – Software to be deployed by the implementation consultant of the Licensor in the server provided by the Licensee