- a person who has approached Tartan for access to payroll and other information of the End User basis consent of the End User (“Customer”, “You”, “Your” or “User”);
- an internet surfer (“You” or “User”).
This document is an electronic record, which is published in terms of the Digital Personal Data Protection (DPDP) Act, 2023 and any other applicable law, as amended from time to time, and generated by a computer system, that does not require any physical or digital signatures.
- DESCRIPTION OF SERVICES
- Tartan, acting as a Data Processor, provides a number of services through the Platform including, providing real-time access and subsequent verification and validation of, inter alia, the payroll data, financial accounts, employment data, etc. of End Users to Customers (“Services”) by using the data provided by End User or by connecting payroll systems and other platforms being used by End Users and offered by third parties including but not limited to payroll providers or employers (“Information Provider”).
- A broad description of Services and the functionality that Tartan enables is available on the Platform. You acknowledge that Tartan is not bound to provide any or all of the Services and may, at its sole discretion, modify, add, alter, replace, or remove any or all aspects of Services at any time in a manner that it may so deem fit.
- GRANT AND ACCESSIBILITY
- AUTHORITY TO ACCESS AND REPRESENTATIONS
- In order to avail the Services provided by Tartan, You may need to register and create a user account on the Platform by providing name, email-id and phone number of the Customers (“Account”). Tartan will have the right to ask for additional information, either through an email or any other mode as specified, as required to register or create an Account and You give Your consent towards collection, storing, processing, transmitting and usage of the said additional information. The Customer or its representative will be provided with a User ID and You will need to provide a password (“Account Credentials”). You shall take appropriate steps to protect the Account Credentials and shall ensure that the Account Credentials are only to be used by authorized representatives of the Customer. You shall ensure that there is no unauthorized access to the Account credentials or the Account and Tartan shall not take any responsibility in case there is an unauthorized access to the Account.
- You agree and understand that You are solely responsible for maintaining the confidentiality of Your password which, together with Your Login ID (as may be applicable in accordance with the Service selected), allows You to access the Service. That Account Credentials, together with any mobile number or other contact information You provide, form Your registration information. You agree that You are responsible for maintaining the confidentiality of Your registration information, and for restricting access to Your device. You agree that the Company shall not be liable for any unauthorized use or access from Your Login ID.
- We may, at our sole discretion, restore access to Your Account, at any time, pursuant to any suspension or non-payment for our Services. We do not provide any refund on the purchase of our Services.
- LICENSE AND RESTRICTIONS OF USE
Your access and use of the Platform and/or Services is subject to the following representations and warranties:
- You may only access the Platform or Services using authorized and lawful means.
- Any configuration or set up of any devices for access to the Platform and the Services shall be Your sole responsibility.
- All information and documents provided by You are true, accurate and complete in all respects and Tartan shall be entitled to rely on the same for the provision of Services.
- As an End User, You understand that Tartan is merely a Data Processor, providing the Customer with the Services, which are based on the requirement of the Customer with a deemed understanding that You have provided the necessary prior written consent to the Customer and by using the Platform, You further provide Your consent to Tartan to provide the said Services. Such rendition of Service will include access/ usage to Your personal data and You specifically consent to the same; including, procuring, transmitting and sharing of personal and non-personal information of the End User to the Customer through the Platform. As a Customer, You confirm that You have obtained prior consent from the End Users, by giving a prior written notice to the End User, for the purpose of procuring, transmitting and sharing of personal and non-personal information of the End User by engaging Tartan as the Service Provider.
- You will not take any action that interferes with, degrades or adversely affects Tartan, the Services and/or the Platform.
- You will not use the Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; (ii) will disrupt a third parties’ similar use; or (iii) violate or tamper with the security of the Platform.
- You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content.
- You will ensure that the Platform is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Platform or any other software, hardware, services or data.
- You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers”, etc., to access the Platform.
- You will not attempt to gain unauthorized access to any accounts, computer systems or networks connected to the Platform, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You.
- You will not use, misuse or misappropriate the Platform to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes.
- You will not copy, distribute, or make derivative works of the Platform including customization, any modifications or enhancements, translation or localization in any medium.
- You will not reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of Platform, or the underlying ideas or algorithms of the Platform.
- You will not remove or alter any trademark, logo, copyright or other proprietary notices or symbols in the Platform or use for any purpose any trademark, logo, copyright or other proprietary notices or symbols in the Platform.
- You will not digitally transmit or make available the Platform or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Platform onto a server so that it is accessible via a public network such as the internet.
- You will not rent, lease, sell, sublicense, assign or transfer Your rights in the Platform, or authorize any portion of the Platform to be copied onto another individual or legal entity’s device.
- You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Company’s data centers, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet.
- You acknowledge that from time to time, Tartan may apply Upgrades to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of the Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Platform, or portions thereof. “Upgrades” means new versions of and updates to, the Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of the Platform.
- In case You are using the Platform for retrieving any third-party information, You shall ensure that necessary prior written consent has been taken from such party in accordance with the applicable laws.
You agree and acknowledge that pursuant to the DPDP Act, 2023 and other applicable laws, as amended from time to time, You shall not host, display, upload, modify, publish, transmit, store, update or share any information on our Platform that:
- belongs to another person and to which the User does not have prior written consent and any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling or otherwise inconsistent with or contrary to laws in force in;
- is intended to harm or exploit any individual, including a minor (under the age of 18 years) in any way; is designed to solicit, or collect personally identifiable information of such person;
- infringes any patent, trademark, copyright or other proprietary rights;
- is prohibited under any law for the time being in force or has been prohibited by any court of competent jurisdiction;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or is detrimental to India’s friendly relations with foreign countries;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- is likely to incite violence or disturb the maintenance of public order;
- contains falsehoods or misrepresentations that could damage the Company, its goodwill or any third party(ies) in any manner;
- either incites or advocates obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
- encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law;
- promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret or otherwise subject to third party(ies) proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant the Company all of the license rights granted herein, which includes material bearing watermarks or other proprietary marks of other platforms or entities;
- intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Company employee, agent, manager, host, another user, or any other person through any means;
- advertises or solicits a business not related to or appropriate for the Platform (as determined by the Company in its sole discretion);
- contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
- distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company Users;
In case any information procured as a part of Service is stored/shared by You with any third party, it shall be strictly in accordance with applicable law and Tartan has no responsibility or obligation to ensure compliance of the same by Customer or any party.
- CONFIDENTIALITY AND INTELLECTUAL PROPERTY
- Confidentiality Obligations
The Platform may permit the access to/ submission of various information as described in para. 1 above (Description of Services) (“Submitted Content”), feedback as well as the hosting, sharing, and/ or publication of such Submitted Content. You, acting either as Service provider, End User or Service recipient, understand that while the Company will take all precautions, the Company does not guarantee any confidentiality with respect to such Submitted Content.
The Company may also disclose User information including personal information if the Company reasonably believes that such disclosure:
- has been made with prior written consent of the End User;
- shall enable completion of offerings on the Platform;
- is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority;
- would potentially mitigate the Company’s liability in an actual or potential lawsuit;
- is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity;
- as may be required or necessary to deter illegal behaviour (included, but not limited to, fraud).
- Your ownership, rights and license to Company
You retain all of Your ownership rights in Your Submitted Content and to the extent not owned by You, You are duly authorised to submit/ share/ provide access to the same.
- Intellectual Property
The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) as well as patents, inventions, algorithms, designs, copyrights, trademarks, service mark (and logos contained therein), domain names, trade secrets, know-how, including, but not limited to, source code, research, product plans, products, pricing, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise (“Marks”), are owned by/ licensed in favour of the Company.
Data on the Platform is provided to You “as is” for Your information and use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If You download or print a copy of the Data for Your use solely for the purpose for which it has been provided by Tartan in terms of your agreement with Tartan, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
- Prohibitions on sending messages
You will not send messages to other Users containing:
- offers to make national or international money transfers for amounts that are not part of the Services that you offer through the Platform;
- offer to directly/ indirectly engage with the Users by circumventing the Platform/ Company;
- offers to buy your products/ services that are not authorised by the Company; or
- unsolicited advertising or marketing of a Service not offered on the Platform or an external website.
- Prohibitions with respect to Services
While using the Platform, You shall not:
- post content or items in any inappropriate category or areas on the Platform;
- fail to make payment for Services purchased by You;
- circumvent or manipulate our fee structure, the billing process, or fees owed to the Company; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Platform User);
- take any action that may undermine the sale or services or ratings systems (such as displaying, importing or exporting information off the Platform or using it for purposes unrelated to the Platform).
You, acting as a Customer, shall refrain from storing, processing, transmitting or otherwise using the personal information of the End User immediately after the withdrawal of consent by the End User with respect to its personal information.
When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform. The Company does not and cannot review every posting posted to the Platform. These prohibitions do not require the Company to monitor, police or remove any Postings or other information submitted by You or any other User. Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even if such content is offensive, hurtful or offensive.
Reporting inappropriate use of feedback: You may contact the Company regarding any inappropriate use of feedback via-email at email@example.com.
- DISCLAIMER OF WARRANTIES
- You agree that Your use of the Platform shall be at Your own risk. To the fullest extent permitted by law, Tartan disclaims all warranties, express, implied, statutory or otherwise, and makes no warranties, representations, or guarantees in connection with this Platform, the Services offered on or through the Platform, any data, materials, Submitted Content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Platform, including without limitation the materials, data and Submitted Content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Platform, the Services offered on or through the Platform, data, materials, Submitted Content, and any information or material contained or presented on this Platform is provided to the Customer is taken from the End User’s account as per the account details provided by the End User on an “as is”, “as available” and “where is” basis with no warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the Platform or Submitted Content, any unauthorized access to or use of Our secure servers and/or any and all Personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, any interruption or cessation of transmission to or from the Platform, any defamatory, offensive, or illegal conduct of any third party(ies) or Service user or Service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the Platform or submitted content posted, emailed, transmitted, or otherwise made available via the Platform.
- Tartan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform and/ or the Services (or any part thereof) with or without notice and in its sole discretion. You agree that Tartan shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform or the Services.
- Tartan shall not be liable to You for any delay or failure in the performance of the Services.
- The User acknowledges that the Company does not control the transfer of data over the communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. The Company shall not be responsible for any (i) delays, delivery failures, or other damages as a result; and/or (ii) issues related to the performance, operation or security of any Platform that arise from the User’s content or third-party content.
- The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third-party content, including the access to third party databases and disclaims all liabilities arising from or related to third party content including as provided by the Information Provider.
- We are not reliable for any information that may be provided by the Information Provider or End User. Our purpose is only to validate the same and, in the event, there is inaccuracy in the source of such information, identification/ audit of the same will be beyond our scope of work.
- LIMITATION OF LIABILITY
In no event shall the Company be liable to You for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any acts and/ or omissions of the Company whether or not You are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law in the applicable jurisdiction.
In no event shall the aggregate liability of the Company, or any of the above-referenced respective parties, arising from or relating to the Platform, and/or submitted content exceed the total amount of fee/ commission actually paid to Company by You for availing any Services on the Platform.
The Company or any other party involved in administering, distributing or providing the Platform and/or Services further explicitly disclaim any and all liability for any the following:
- errors, mistakes or inaccuracies of the content displayed on the Platform;
- personal injury or property damage of any nature whatsoever, resulting from our Services;
- the acts or omissions of our representatives performing Services on our behalf;
- any failure or delay in the Services;
- necessary consent not being taken by the Customer from the End User for obtaining, sharing, collecting, transmitting or otherwise using the personal information of the End User;
- user content or the defamatory, offensive, or illegal conduct of any third party;
- viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (“Harmful Code”) that may be transferred to Your Devices when accessing the Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate antivirus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
You acknowledge and agree that the entire risk arising out of (i) Your use of the Platform; and/or (ii) availing any Services remains solely with You.
- You agree not to use or disclose the information provided under the Service to any third party including any discussion forums or for any unauthorized illegal purpose. The User also agrees to use the information provided under the Service strictly for the purpose as has been mutually agreed and in accordance with applicable laws.
- Notwithstanding the above, Tartan shall be entitled to disclose any Confidential Information pertaining to You to any authority, statutory or otherwise as may be required by law.
- FORCE MAJEURE
- TERM AND TERMINATION
(I) Termination by the Company
- Tartan is required to do so in accordance with law; or
- Tartan has elected to discontinue, with or without reason, access to the Platform and/ or the Services (or any part thereof) either in general or specifically to You.
(II) Termination by You
Provided that, in the event You are a Customer, You will provide a prior written notice of 60 (sixty) days prior to terminating the Services availed by You.
(III) Effect of termination
In the event of termination of Service, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account.
Tartan shall not be liable to You or any third party for any such termination or shall be liable to make any payment to You pursuant to such termination. You shall make payments to Tartan for any Services used by You until the date of termination.
- If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform is accurate and complies with applicable laws. We will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
- TRANSFERABILITY OF THE AGREEMENT
This Agreement, or any right or interest herein, shall not be assignable or transferable by You without the prior written consent of Tartan.
- DISPUTE RESOLUTION AND GOVERNING LAW
If not resolved with Tartan, any further dispute shall be settled amicably by the parties to the dispute within 30 (thirty) calendar days of the receipt of the notice of the existence of a dispute. In the event any dispute cannot be resolved within 30 (thirty) calendar days from notice of the dispute, either party may refer the dispute to be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 and the rules framed thereunder, as amended from time to time. The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the parties. The venue and seat of arbitration shall be Mumbai, India and the arbitration proceedings shall be conducted in English language.
- CONTACT INFORMATION
Address: WeWork, Vaswani Chambers, HD-015, Floor-2, Plot - 264/265, , Dr
Annie Besant Road, Worli Colony, Mumbai Mumbai City MH 400030 IN
Grievance Officer: In accordance with DPDP Act 2023 and rules made there under, as amended from time to time, the name and contact details of the grievance officer are as follows:
Name of Grievance Officer: Meet Semlani
An acknowledgment of the grievance will be issued and generated by the Company for the benefit of the complainant within 24 (twenty four) hours of it being furnished for information and record.
The manner of grievance redressal shall have the following arrangement:
- the Company shall address the grievance and inform the complainant of its decision within 15 (fifteen) days of the registration of the grievance;
- if the decision of the publisher is not communicated to the complainant within the stipulated 15 (fifteen) days, the grievance shall be escalated to Meet Semlani, which shall be conducted as per the rules and procedure of [please insert the name of the grievance redressal committee or any other committee handling grievances] of the Company.