1.1. This website and/or the platform, software, web application, mobile application (hereinafter referred to as the “Platform”) and its Services (defined below) thereon provided by Dandelion Technologies Private Limited, a private limited company registered under the Companies Act, 2013 with its registered address at 18, Lalwani Industrial Estate, Katrak Road, GD Ambekar Marg, Wadala, Mumbai - 400031 (hereinafter referred to as, “Dandelion” or the “Company”) are governed by this Terms of Service (hereinafter referred to as, the “Terms”/ “Agreement”). These Terms/ Agreement is a contract between the User of Platform (hereinafter referred to as, “You”, “Your” and “User”) and Dandelion.
1.2. When any User downloads, installs, accesses, registers or uses this Platform, the User understands and accepts that they are consenting to and have read, understood and agreed to the terms and conditions set forth under this Agreement.
1.3. These Terms are electronic documents and do not require any signatures (physical or digital) and by clicking on the acceptance button or by selecting the relevant checkbox, the User shall be bound by these Terms.
1.4. The Company and the User shall hereinafter collectively be known as, “Parties”, and individually, as the context may permit, a “Party”.
1.5. Certain areas of the Platform and the User’s access to certain Services may have different terms and conditions posted or may require the User to agree with and accept additional terms and conditions. Should there be any conflict between the Terms and terms and conditions posted for a specific area of the Platform and/or specific Services, the latter terms and conditions shall take precedence over the User’s use of the Platform or access to that area of Services.
1.6. Eligibility: Use of this Platform is available only to persons who can form legally binding contracts under the Applicable Law and are not barred from receiving the Services (as defined hereunder). Persons who are ‘incompetent to contract’ within the meaning of the Applicable Law including minors are not eligible to use the Platform.
2.1 Applicable Law(s): shall mean and include all Indian statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders, requirements or other governmental restrictions or any similar form of a decision of, or determination by, or any interpretation, policy or administration of, any government, statutory authority, tribunal, board, a court in India having jurisdiction over the matter in question.
2.2 Company Content: shall mean the content posted or displayed by Dandelion on the Platform, including but not limited to, information, texts, pictures, and/or any combination thereof, in the form of announcements, notifications and other forms of communication.
2.3 Service(s): shall collectively mean the services provided on the Platform by the Company, which are accessible by Users.
3.1. The words “include”, “including”, “inter alia” and “in particular” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words.
3.2. The terms ‘hereof’, ’herein’, ’hereby’, ’hereto’ and derivative or similar words, unless followed by a reference to a specific provision of these Terms refer to these Terms in their entirety.
3.3. The headings given hereunder in these Terms are for convenience and do not affect the interpretation of these Terms.
3.4. Unless the contrary is expressly stated, no clause in these Terms limits the extent or application of another clause.
4.1. The User acknowledges and understands that the terms and conditions set forth under this Agreement are subject to modification, addition and removal, as the case may be, from time to time, as per Dandelion’s sole discretion. While Dandelion shall make reasonable efforts to keep the User posted of any amendments made under this Agreement, it is advised that the User review this Agreement periodically while using the Platform to ensure they are aware of the latest changes, if any.
5.1. Technology software solution for small mid-market enterprises to automate their trading, retail, services and manufacturing operations with focus on compliance and decision making. In easier terms, it is an ERP application for small and mid-market enterprises, optimising and making it convenient and affordable for small businesses too.
5.2. Free Trial
5.2.1. Every User registering/signing up for the first time on the Platform shall have the option to enable the free trial of the Platform. If such an option is exercised, the User shall be entitled to use and access the Platform for a period of 15-30 days without any fee.
5.2.2. The free trial shall end in the event: (i) Lapse of the time period of the free trial; (ii) The User exercises the option of paid subscription prior to the lapse of the time period of the free trial; or (iii) Termination of a free trial at any given point of time under the sole discretion of Dandelion.
6.1. For any User to gain access and use the Platform, they must sign up and create their account by submitting the necessary information as may be required by the Platform. Any additional information may also be requested and mandated by Dandelion at a later stage during the subscription period, based on factors, including but not limited, to the usage of the Platform by the User and other related factors. The User represents and warrants that the information provided at the stage of sign up or at any point of time is true, accurate, current, up to date and complete and the User shall not misrepresent their identity or any other information submitted to Dandelion for the usage of Platform.
6.2. In the event, any User signs up for another legal person or entity, such User shall ensure that they have obtained the express written consent from the respective legal person or entity to perform the aforesaid act. The User shall further be responsible to inform such legal person or entity of the manner in which Dandelion will use their data in providing the Services of the Platform. The User shall be solely responsible to acquire the consent from such legal person or entity and the User, by submitting the data to use and access the Platform, acknowledges and accepts that the User has acquired the written consent from the respective legal person or entity.
6.3. In the event, the User has provided incorrect, inaccurate, wrong or false information or Dandelion has reasons to believe that the information provided is wrong, inaccurate or outdated, Dandelion shall reserve the right to terminate the User’s account and prohibit/suspend such User to use the Platform in the future or effective immediately. The User shall be held responsible for the activities performed on the account and shall ensure they keep their account details confidential. The User shall immediately notify Dandelion of any unauthorized disclosure or use of their account or other security breaches as understood by the User.
6.4. In the event, any User has reasons to believe that their account is no longer secure, the User is obligated to immediately notify Dandelion via the contact details provided under these Terms. The Company shall not be liable for any loss, damages or injuries that the User may sustain as a result of accessing and using the account of another User.
6.5.1. The User is solely responsible for all the information disclosed and the interactions that may take place on the Platform. The Company shall not be held liable in any manner whatsoever for any issues that may arise due to any incorrect or outdated information shared or uploaded by the User.
6.5.2. The User hereby understands and accepts that the Company, its associates and/or its affiliates shall not be liable for any complaint or issue arising out of any actions or omissions committed by the User and shall also not be subjected to any legal proceeding arising out of the same.
6.5.3. The User shall comply with all the Applicable Laws.
7.1. Usage of and access to the Platform are available under various subscription plans as detailed under www.geniebooks.com/pricing The User shall have the option to make the payments for the subscription plan suitable for them and gain access to and use the Platform.
7.2. Payments can be made via Credit & Debit Cards and Net Banking or other modes made available by the Company for the Users. The User shall be responsible to renew such subscriptions prior to the expiration of the existing and current subscription. Dandelion shall have the right to send reminders for such expirations and renewals via email, notification on the Platform, etc.
7.3. The User can also avail the option of automatic renewals on their preferred mode of payment. Dandelion shall intimate the User prior to the deduction of the payments for the renewals.
7.4. Should any User desire to cancel the subscription or stop the automatic renewals, such User shall intimate the same to Dandelion ten (10) days prior to the expiration date. The User shall ensure they have saved their data from the Platform.
7.5. Dandelion shall not be liable for any loss or inaccessibility of the User’s data in the aforesaid event.
7.6 Refund Policy: The User shall not be entitled to the refund of any subscription plans for which the payment has already been made to Dandelion.
7.7 Dandelion reserves the right to change the subscription plans’ prices and time periods as deemed fit under their sole discretion. Any User under the old subscription plan shall not be liable to pay the new subscription fee until the renewal date.
8.1.1. Abide by all the Applicable Laws with respect to the usage of the Platform and the Platform;
8.1.2. Not interfere and/or attempt to disrupt the use and enjoyment of the Platform and the Platform for other Users;
8.1.3. Not sell or copy the material on the Platform; and
8.1.4. Not engage, directly or indirectly, in the attempt to transmit spam mails, chain letters, junk mails or any other unsolicited information.
8.2.1. The User shall refrain from using the Platform in any way that impacts other Users’ use of the Platform.
8.2.2. The User shall refrain from engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platform.
8.2.3. The User shall refrain from impersonating any other User, person or entity.
8.2.4. The User shall not simulate or attempt to simulate any of the appearance, features or functionality of the Platform.
8.2.5. The User shall refrain from using any of Dandelion’s information or Company Content for the benefit of any competing business.
8.2.6. The User shall refrain from altering or attempting to alter the features, functions or functionality of the Platform in any manner.
8.2.7. The User shall refrain from using the Platform in any way that is damaging to the Platform and/or good repute of Dandelion and its affiliates, associates, employees and/or directors.
8.2.8. The User shall alter or attempt to alter or remove any of the proprietary markings or Company Content from the Platform including but not limited to any marks, information, other proprietary marks or Intellectual Property present on the Platform.
9.1.1. The User hereby acknowledges that the Company shall own all the Intellectual Property rights subsisting or used in connection with the Company, its Services and Platform including but not limited to any Company Content, which includes, Platform design, layout, visuals, etc. and patents, trademarks, logos, domain names or copyright as well as any derivative works (hereinafter referred to as “Intellectual Property”).
9.1.2. The User herein shall not apply and/or contest the ownership of such Intellectual Property owned by the Company. Nothing contained in these Terms shall be construed to affect a transfer, license or assignment of the aforementioned Intellectual Properties or rights contained therein from one Party to the other, unless specified otherwise.
9.1.3. The User acknowledges and agrees that the User shall use such Intellectual Property for personal and non – commercial use as long as the User is availing the Services of the Platform.
9.1.4. The User hereby understands that the Company has merely granted permission to access the Platform and avail the Services, and such access and use do not amount to a right or entitlement over any Intellectual Property rights.
9.1.5. The User hereby agrees not to post, publish, copy, replicate or reproduce any Company Content and/or name, including the logo and/or any Intellectual Property of the Company through any form or medium.
9.1.6. The User’s unauthorized use of the Intellectual Property shall result in material breach of this Agreement.
9.1.7. Dandelion shall not be held liable for any losses incurred by the User’s use of such Intellectual Property and the Platform.
9.2.1. The User hereby understands that third-party content and its intellectual property may appear on the Platform and all rights therein are reserved to the respective owners of such rights.
9.2.2. The obligations on the User with respect to the Company’s Intellectual Property shall extend to third-party intellectual property and any third-party content appearing on the Platform.
9.3. The User hereby agrees not to market, sell, replicate, reverse engineer, decompile or attempt to do any of the aforementioned acts to any of the Intellectual Property of the Company.
9.4. The User hereby understands and accepts that any breach of the terms contained in this clause shall be considered as a material breach of these Terms and the Company shall have the right to terminate this engagement with immediate effect or seek such other legal remedies available under the law.
9.5. The User’s obligations detailed under this clause shall survive the termination of their engagement with the Company.
10.1 . The User hereby understands that the right to host, operate and provide Services on the Platform exclusively belongs to the Company and that the User is not entitled to transfer the rights and obligations accepted by them by acceptance of these Terms. The User hereby warrants not to undertake any action claiming ownership over the Services and/or the Platform or transfer the rights and obligations accepted by them by accepting these Terms.
10.2 . The User hereby understands that by availing of Services on the Platform, the User expressly represents and warrants that they are legally entitled to enter into these Terms.
10.3 . The User hereby represents warrants and covenants that all information provided by them is true and correct and that no misinterpretations or misleading statements have been made.
10.4 . The User represents, warrants and covenants that it satisfies the eligibility criteria set out in these Terms and has all requisite competence, power and authority to accept these Terms and the conditions herein, to perform its obligations hereunder and it will perform its obligations and fulfil its responsibilities under these Terms in a manner that complies with the Applicable Laws.
10.5. By using availing the Services, the User represents and warrants that they are not a person ‘incompetent to contract’ within the meaning of the Applicable Law or otherwise barred from availing our Services under the Applicable Law.
10.6 . The User’s participation in using the Platform and/or Services is for the User's own use. The User undertakes to not authorize others to use their account with the Company and shall not assign or otherwise transfer their User account to any other person or entity.
10.7 . The User hereby agrees to comply with all Applicable.
11.1 . The User understands that in order to provide the Services of the Platform to the best of its ability, Dandelion collects, stores and uses certain information of the User.
12.1 . The User shall release, hold harmless, defend and indemnify Dandelion, without limitation, against all losses, claims, controversies, damages, costs, expenses, including reasonable attorneys’ fees incurred by Dandelion due to the User’s breach of terms and conditions of this Agreement, the End User License Agreement, improper use of the Platform and its materials, or anything of similar nature resulting due to User’s actions or omissions.
12.2 . The User shall submit a written undertaking to Dandelion stating their acknowledgment and acceptance to defend and indemnify Dandelion in any of the aforesaid events. The User shall be considered in violation of this Agreement if the User does not comply with the same.
13.1. Under no circumstances (whether in contract, tort, negligence or otherwise) shall Dandelion be liable to the User for any indirect, special, exemplary, punitive, consequential or other equivalent damages, including loss of profits, sales, revenue, data, business or other similar losses incurred by the User in connection with the usage and access of the Platform.
13.2. Dandelion’s entire liability in law or in equity or otherwise with respect to, without limitation, the User’s usage of the Platform shall be limited to the amount paid by the User for the subscription period in the event User has suffered losses due to reasons directly attributable to Dandelion.
14.1 . In the event of differences between the English versions of any page or related information and versions in any other language that has been made available by the Company, the English version shall prevail over all other such versions.
15.2. The Parties herein agree that any and all third-party content displayed on the Platform is exclusively and absolutely the responsibility and liability of such a third party. The Company herein does not warrant the accuracy or truthfulness of the same and to that effect, the Company shall, in no event, be liable or made a party to any legal claim, suit, proceeding and/or action arising out of any dispute, breach or violation regarding any third-party content displayed on the Platform.
16.1. Dandelion, from time to time, may provide updates, enhancements, software patches of the Platform, bug fixes, changes of interface and layout, etc. under their sole discretion. Dandelion is not under any obligation to provide Users notice of such updates.
16.2 . Dandelion shall not charge the User for such updates, fixes and enhancements and shall effect the changes at any time under their sole discretion.
17.1 . This Agreement shall be governed and construed in accordance with the laws of India and the courts and tribunals at Mumbai shall have the exclusive jurisdiction.
17.2 . Any disputes, controversies or claims arising out of this Agreement shall be submitted to arbitration to seek a resolution in accordance with the provisions of Arbitration and Conciliation Act, 1996. A sole arbitrator shall be appointed by the mutual decision of the Parties and the proceedings shall be conducted in the English language.
17.3 . The Parties shall keep the arbitration confidential and not disclose the same to any individual or legal entity, other than on a need – to – know basis, unless required to do so under a valid legal order of competent jurisdiction.
18.1 . Dandelion shall reserve the right to terminate this Agreement at their sole discretion.
18.3 . The User may terminate this Agreement by canceling their subscription plan rendering them unable to use and access the Platform.
19.1 . The provisions of these Terms, which by their nature and content, must survive the completion, rescission, termination or expiration of these Terms in order to achieve the fundamental purposes of these Terms shall so survive and continue to bind the Parties.
20.1 . Dandelion reserves the right to cease its operations of the Platform and shut down the Platform and other related services at any point of time under their sole discretion.
20.2 . Nothing contained in this Agreement shall put any obligation on Dandelion to inform the User of the same.
21.1 . Nothing contained in these Terms shall be construed to imply a relationship between the Parties in the nature of a joint venture, partnership or any other form of business affiliation of similar nature. The User herein is a mere customer availing Services from the Company.
22.1 . Dandelion shall not be liable for any delays or failure to perform the obligations set forth under this Agreement, including the ensuring of a smooth working Platform to the extent that such performance is delayed or hindered due to a force majeure event such as, without limitation, power outages, acts of gods, explosions, fire, disaster, restrictions by the government authority, or any other act or circumstances which is beyond the reasonable control of Dandelion, without Dandelion’s fault or negligence.
22.2 . Dandelion shall inform the User of such event in a timely manner under their sole discretion and shall use commercially reasonable efforts to minimize the delay.
22.3 . Dandelion reserves the right to terminate this Agreement in the event Dandelion is unable to perform its obligations under this Agreement due to the force majeure event for a period of thirty (30) consecutive days or for another time period decided under the sole discretion of Dandelion.
23.1 . The Parties understand and agree that no failure or delay by the Parties in exercising any rights granted hereunder this Agreement shall operate as a waiver thereof. All the rights, remedies, undertakings and obligations set forth under this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking and obligation of either Party.
23.2 . The Parties understand and agree that if one or more than one provision set forth under this Agreement becomes invalid or unenforceable under the applicable jurisdiction, it shall not invalidate the remaining provisions hereof. Dandelion shall reserve the right to amend, modify or replace such provision(s) to have a similar economic effect.
24.1 . The rights and obligations of the User under these Terms are not assignable or transferable, in whole or part. Any attempt to transfer the same without the written consent of the Company shall be void and of no force and effect. The Company reserves the right at its sole and absolute discretion to assign the rights and obligations under these Terms to an affiliate or another entity in connection with a corporate transaction or otherwise.
25.1 . The Company has and reserves the right to investigate and prosecute violations of any of the clauses of these Terms as it sees fit and to the fullest extent of the law.
25.2. Notwithstanding anything contained in these Terms, The Company reserves the right to seek any other legal remedies available for the nature of the dispute, including but not limited to civil, criminal, administrative, and equitable remedies.
26.1. Any notice to be given by any Party to these Terms shall be in writing and shall be deemed to be duly served if deliverable by hand, prepaid registered post or courier at that Party’s address for this purpose.
28.2 . The User can connect to Dandelion at: firstname.lastname@example.org
28.3 . Dandelion shall ensure to keep any personal data provided through these modes of communication, private, confidential and secure.