TartanHQ Solutions Private Limited, a private limited company with its registered office at Flat No. C 1504, GreenWorld, Gut No. 242, Hiss Navi Mumbai, Digha Thane 400708 (“Tartan”, “we”, “us”, “our” or “Company”) provides a Platform and Services (as defined below) to make accessible, inter alia, the payroll data, financial accounts, employment data etc. of End Users to Customers 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”).
It is important that you spend time reading the terms as they constitute a legal agreement ("Agreement") between Tartan and
- A person who has approached Tartan for access to payroll and other information of the End User based on the consent of the End User including financial institutions and fintech entities ("Customer", "you" or "User");
- A person whose data/information is being accessed/transmitted/uploaded/stored subject to these Terms (“End user” "you" or "User"); and
- An internet surfer ("you" or "User").
https://www.tartanhq.com/ including any sub-domains thereof pertaining to the Service (collectively “Site”) and Tartan’s API;
The Site and the API together are hereinafter collectively referred to as the “Platform” provided and owned by Tartan.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS INFORMATION TECHNOLOGY ACT, 2000 AND OTHER APPLICABLE LAWS. THESE TERMS CONSTITUTE A BINDING AND LEGAL AGREEMENT BETWEEN YOU AND TARTAN.
THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. TO MAKE SURE YOU ARE AWARE OF ANY CHANGES, PLEASE REVIEW THESE TERMS PERIODICALLY. USE OF THE PLATFORM OR SERVICES AFTER ANY SUCH CHANGES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
“Application Programming Interface” or “API” means any intermediary software that allows a system to access data provided by another system.
“Content” shall mean any information of any person (including Tartan) that is available on the Site or is obtained/retrieved/shared/uploaded on or through the Platform.
“Intellectual Property Rights” shall mean patents, inventions, algorithms, designs copyrights, trademarks, 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.
- Tartan provides a number of services through the Platform including providing through API integration real time access (one time or otherwise) of the payroll data of the End Users to the Customer and we may keep on changing the type of the service on the basis of the specific requirements (“Services”). A broad description of Services/products and the functionality that Tartan enables is available on the Site. 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 it may deem fit.
- As an End User, you understand that Tartan is providing the Services to the Customer and the Services are based on the requirement of the Customer with a deemed understanding that necessary consent has been taken by the Customer from the End User for procuring/sharing/storing of personal and non-personal information of the End User through the Platform
- Tartan grants you a limited, personal, revocable, indivisible, non-exclusive, non-transferable and non-sub licensable right to use the Platform in accordance with the Terms and grants the Customer the right to retrieve and download (if part of the Service) the Content of the End User from the Platform subject to the Terms. Customer or any other person shall not use/disclose any information without limitation Content of the End User retrieved/shared through the use of Platform as part of the Services or otherwise for any unlawful purpose or for a purpose for which necessary explicit consent has not been taken from such third party/End User by such person.
- Unless otherwise provided in these terms and any other agreement, you shall not directly or indirectly use the Platform and the Content for any unlawful purpose or in breach of applicable laws.
- You shall ensure that you shall not directly or indirectly modify, translate, or create derivative works based on Content or publish any part of the Content.
III. ACCOUNT SETUP AND ELIGIBILITY
- You represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership, trust or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
- In order to avail the Services provided by Tartan, Customer may need to register and create a user account (“Account”) on the Platform by providing name, email-id and phone number of the Customers. Tartan will have the right to ask for additional information as required to register or create an Account. 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 only be used by authorized representative 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 Account.
- We reserve the right to refuse your registration with us. We reserve the right to suspend or terminate Your Account if activities occur on the Account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. We may at our sole discretion restore access to Your Account, at any time, pursuant to any suspension or nonpayment for our services.
- We do not provide any refund on the purchase of our Services.
IV. 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 is true, accurate and complete in all respects and Tartan shall be entitled to rely on the same for the provision of Services.
- 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, libelous, 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 API/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 centres, 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 (hereinafter defined) to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of 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, Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of Platform.
- In case you are using the Platform for retrieving any third-party information, you shall ensure that necessary consent has been taken from such party.
- You agree and acknowledge that pursuant to Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and other applicable laws you shall not host, display, upload, modify, publish, transmit, store, update or share any information on our website that:
- belongs to another person and to which the user does not have 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 harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- 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;
- impersonates another person;
- 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;
- 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;
You hereby consent and undertake that you have read and understood the above requirements and shall not act in contravention of it during the use of our API or website. If you do not agree with the same, please do not access or use our API/website or service.
- 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 laws and Tartan has no responsibility or obligation to ensure the compliance of the same by Customer or any party.
- As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving feedback for other users of the Platform. In the event the feedback violates these Terms, is inappropriate or violates propriety or privacy of another user, the Company, in its sole discretion, may take any of the following actions: (i) delete your feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and (iv) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. 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.
- Reporting inappropriate use of feedback: You may contact the Company regarding any inappropriate use of feedback via-email at firstname.lastname@example.org.
- The Company does not and cannot review every posting made on the Platform or the information of the End User that is being provided by the Information Provider. These Terms do not require the Company to monitor, police or remove any postings or other information submitted by you or any other user and the Company shall not be responsible for any ensuing liability.
VI. INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos and service marks displayed on the Platform (“Marks”) are the exclusive property of Tartan. You hereby acknowledge that any and all of the Intellectual Property Rights and other proprietary rights in relation to the Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Tartan (expressly excluding any information which belongs to a third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform or the Services shall vest wholly completely and fully with Tartan throughout the territory of the world and you shall have no right or claim to such Intellectual Property in any manner whatsoever.
VIII. DISCLAIMER OF WARRANTIES
- The Company hereby explicitly and specifically disclaims any and all representations, warranties or guarantees in respect of the Platform and/or the Services, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchant ability, quality or fitness for a particular purpose.
- The Platform is provided strictly on an “as is” basis. Notwithstanding anything contained in these Terms, the Company does not warrant that any Platform: (i) will perform error-free or uninterrupted, or that the Company will correct all or any errors or defects, (ii) will operate in combination with the devices, or with any other hardware, software, systems or data not provided by the Company, (iii) will meet the User’s requirements, specifications or expectations or that the Services will be available at any particular time or location, uninterrupted or secure.
- 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 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; (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 responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Users and any third-party sites, including, but not limited to, any User’s reliance upon any information provided therein. The third-party sites and Us are independent contractors and neither party has authority to make any representations, warranties or commitments on behalf of the other.
- We are not responsible for the content, accuracy or opinions expressed in any third-party sites, and such third-party sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third-party sites on our Platform does not imply approval or endorsement of the third-party sites by us.
- We are not reliable for any information that may be provided by the Information Provider or End User.
IX. LIMITATION OF LIABILITY
- In no event shall Tartan or anyone else involved in administering, distributing or providing the Platform and/or Services be liable for any direct, special, exemplary, consequential, incidental, punitive or indirect damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that results from the use of, or inability to use the Platform and/or Services. Tartan or anyone else 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;
- any loss or damage arising out of Your failure to adhere to Your obligations under the Terms.
- necessary consent not being taken by the Customer from the End User for sharing/collecting/ obtaining of 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 anti-virus 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 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.
- These Terms will continue to apply until terminated by either You or Us as set forth below:
- Termination by You: If You wish not to be bound by these Terms, you may terminate your relationship with Us by (i) not accessing the Platform; and/or (ii) deleting Your Accounts (if any), however, in the event You have opted for a paid Service, you shall remain liable to make payment for all charges accrued up to the time of termination.
- Termination by Us: Tartan may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:
- 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.
- Tartan shall not be liable to You or any third party for any such termination or shall be liable to may any payment to you pursuant to such termination.
- Consequences of Termination:
- The licenses granted to You in terms of these Terms shall stand terminated effective immediately.
- The Company, in its sole discretion, may initiate appropriate legal proceedings against You, if necessary.
- You will not have access to the Platform.
- Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform and/or Services;
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law; and
- All communications to Tartan relating to the Terms, any instance of violation of Intellectual Property or breach of these Terms shall be in writing and sent to the address set out below, or as otherwise communicated from time to time.
- All communications to you relating to these Terms and the Services shall be sent to the registered phone number and email ID attached to your account, or as otherwise communicated by you from time to time or as available with Tartan.
- The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on 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.
XIV. 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. Rights and obligations of Tartan under this Agreement are freely assignable in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
XV. DISPUTE RESOLUTION AND GOVERNING LAW
- If there is a concern in respect of these Terms or the Services provided by the Company, You are requested to email us details of the same at email@example.com. Any concern shall be sought to be addressed by the Company and in the event of any dispute, You and the Company shall endeavor to amicably resolve the dispute.
- These Terms shall be governed and construed under the laws of India and the courts of ___________ shall have exclusive jurisdiction.
- In the event the dispute is not resolved, such dispute shall be referred to and settled by a binding arbitration conducted by a sole arbitrator, appointed in accordance with Arbitration and Conciliation Act, 1996. The place and seat of arbitration shall be at _______________ and the language of arbitration shall be English.
TARTAN RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES. EVERY ACCESS BY YOU OF THE PLATFORM AND/OR AVAILMENT OF SERVICES IS DEEMED TO MEAN THAT YOU HAVE AGREED TO ACCEPT AND ADHERE TO THE TERMS AS AMENDED AND APPLICABLE AT SUCH TIME.