Trade Name
RockEye, RockEye Logo, the names of the individual services and their logos are trademarks of RockEye ERP. You are not entitled to display or use the RockEye trademarks without RockEye’s prior written permission. Doing so would constitute infringement.
Usage
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), which is uploaded, posted or stored through your use of the services. You grant RockEye a worldwide, royalty-free, non-exclusive license to host and use the content in order to provide you with the services. You agree not to use the services for any illegal purpose or in violation of any applicable law or regulation. You are encouraged to archive your content regularly and frequently. While using the services, you are responsible for any content that may be lost or unrecoverable. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the services to share, store, or in any way distribute financial data that is not in accordance with the law.
Users who are suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions.
You agree not to store, upload, transmit virus, Trojan horse, worm or other disruptive or harmful software or data and any information, software or content which is not legally yours and may be protected by copyright or other proprietary rights, or derivative works, without permission from the copyright owner or intellectual property rights owner.
Parts of this Agreement
This agreement consists of the following terms and conditions (hereinafter the “general terms”) and terms and conditions, if any, specific to use of individual services (hereinafter the “service specific terms”). The general terms and service specific terms are collectively referred to as the “terms”. In case of a conflict between the general terms and service specific terms, the service specific terms shall prevail.
Services
RockEye ERP is in the business of providing complete enterprise resource planning solutions with multiple modules for various industries.
Disclaimer of Warranties
All the users using RockEye ERP must agree that the use of the product is at their sole risk. RockEye explicitly disclaims that all warranties of any kind whether expressed or understood, but not limited to, the implied warranties of merchantability and fitness for particular purpose. Services and all accompanying documentation are provided on an “as is” And “as available” Basis, without any warranties, either express, implied, or statutory, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
RockEye gives no assurance or warranty that the services will be uninterrupted, timely, secure, or error-free. For instance, for any material downloaded or obtained through the use of the product/ services will be your own judgment and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. RockEye will give no advice or information, whether written or oral, obtained by you, RockEye employees or representatives shall create any warranty not explicitly stated in the terms.
RockEye, its affiliates, and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations. You are solely responsible for ensuring that your use of the services is in accordance with applicable law. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of India and for the avoidance of doubt RockEye does not exclude or limit liability for:
- Death or personal injury caused by its negligence or the negligence of its officers,employees, contractors or agents
- Fraud or fraudulent misrepresentation
- Any other liability which cannot be lawfully excluded by contractual agreement of the parties.
Limitation of Liability
In no event shall a disclaiming entity be liable for any lost profits, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to this agreement or the services, including without limitation the use of, inability to use, or unavailability of the RockEye products and services.
In any circumstances will any of the disclaiming entities be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your RockEye account or the information contained therein, or your failure to use or implement security controls that are appropriate for your business.
- The right entities assume no liability or responsibility for any
- Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the RockEye services.
- Any unauthorized access to or use of servers used in connection with the RockEye services and/or any and all personal information stored therein.
- Any interruption or cessation of transmission to or from the RockEye Products and services; (d) Any software bugs, viruses, Trojan horses, or other harmful code that may be transmitted to or through the RockEye services
- Any errors, inaccuracies or omissions in any content or information, for any loss or damage incurred as a result of the use of any content or information, in each case posted, emailed, stored, transmitted, or otherwise made available through the RockEye services; and/or
- User content or the defamatory, offensive, or illegal conduct of any third party.
- Without constraining anything to the contrary, the disclaiming entities’ cumulative liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the fees paid by you to RockEye for procuring a license. This limitation of liability section applies irrespective of the legal theory on which the claim is based, including without limitation contract, tort (including negligence), strict liability, or any other basis.
The foregoing will apply to the fullest extent permitted by law in the applicable jurisdiction.
RockEye Services and products are controlled and operated from facilities in India. Except where expressly stated otherwise, RockEye makes no representations that the Payment Gateway Services are appropriate or available for use in other locations. Those who access or use the RockEye products and services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the RockEye products and services from, or on behalf of persons or entities in a country embargoed by India.
a. a) Blocked or denied by the India government. Unless otherwise explicitly stated, all materials contained in the RockEye Product and Services are solely directed to individuals, companies, or other entities located in India & internationally.
Right to Amend
The company has the right to make amendments or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the RockEye products and services with or without notice that we in our sole discretion deem to be reasonable in the circumstances. Any use of the Payment Gateway Services or software after our notification through email address of any such changes will constitute your acceptance of this Agreement as modified.
Any rights or licenses granted hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without consent or other restriction upon notice to you or where substantially all of RockEye assets are sold. Any attempt by you to assign this Agreement, or any rights or licenses granted herein, without RockEye’s express written consent will be null and void.
Parties
This agreement binds you and your respective representatives and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.
Indemnification Trademark
You agree for any damages and will hold RockEye harmless, its officers, employees, suppliers and affiliates from any kind of losses, damages, fines and expenses arising out of or related to any services you have used in violation of another party’s right, in violation of any law, in violation of any provisions of the terms.
Suspension and termination
The company has the rights to suspend any user account or temporarily disable access to whole or part of any service in case of any suspected illegal activity, breach of usage terms, extended periods of inactivity or requests by law enforcement or other government agencies.
Disputes: Choice of law, jurisdiction, and venue
You agree that any disputes arising out of or relating to this agreement or the RockEye products and services will be resolved through arbitration and conciliation laws or litigation law, rules and regulation (as up to date and amended) governed by the Indian laws and constitution as applicable. The place of jurisdiction will be Ahmedabad, Gujarat, India.
This agreement is governed by Indian laws without regard to its choice of law provisions.
Headings are included in this agreement for convenience only and will not be considered in interpreting this agreement. It will not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this agreement will not constitute a waiver of such right or provision. No waiver of any term of this agreement will be deemed a further or continuing waiver of such term or any other term.
Force Majeure
No party will be liable for any kind of delays in processing or other nonperformance caused by circumstances such as fires, telecommunications failures, utility failures, power failures, equipment failures, labor conflicts, violence, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations.
Survival
In addition to any planning that is reasonably necessary to complete or enforce the purpose of this agreement, legal to specific clauses that will survive termination of this agreement will last and remain in effect in accordance with their terms upon the termination of this agreement.
Termination and Other Legal Terms
RockEye reserves the right to terminate the users account or product in event of the breach of terms and usage guidelines. We might also terminate your account if found in breach of any of the clauses.
Taxes
It is your obligation to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of RockEye (“Taxes”). It is your sole duty to assess, collect, report, or remit the correct tax to the proper tax authority.
We are not supposed to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You admit that we can make certain reports to tax authorities in regards to transactions that we process and users to which we provide RockEye Product and services.
Your Data Security Obligations
You are fully responsible for the security of data on your site, through your app/product, or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security, and dissemination of any personal, financial, card, or transaction information (defined as “user data”) on your site/computer/device or through your app. While payment gateway helps to make compliance easier, you are solely responsible for compliance with any laws, regulations, or rules applicable to your business.
Your Privacy
Privacy and the protection of personal information are very important to us. You acknowledge that you have received, read in full, and agree with the terms of our privacy policy, linked to and incorporated into this agreement by reference, which contains your permission to our collection, use, retention, and disclosure of personal information as well as other matters. The privacy policy also explains how and for what purposes we collect, use, retain, disclose, and safeguard the personal information provided to us. You admit that we are required to provide your business name and limited information to financial services providers & to the Government as per applicable laws.
Authentication
RockEye ERP is liable to contact you via. Email, Call or SMS for proper authentication before using the software. Any software downloaded from any source, without proper authorization, RockEye ERP holds the rights to nullify the software license.
Marketing / Newsletters
By signing in/ registering at www.rockeye.africa, you agree to receive newsletters, marketing communication and promotional messages from RockEye ERP.
