Terms of Service

Last Updated on 5th July 2017

These Terms of Service supervise your use of the MoTINGA app and website provided by GNG IT Service Pvt. Ltd. By using all our Service you agree to be bound by these Terms and Policies. If you are using our Service on behalf of a company, business, organization or any other entity which you are representing, then you are agreeing to all the Terms and Policies on their behalf. In that case, “you” and “your” refers to that company, business, organization.

Your Content

Our Service grants you to create invoice(s), import product detail(s), file GST returns, sharing and uploading of file(s) and share that Content from app with other(s). You will be granting us an authority to use, copy, process, analysis your Content for analyzing and providing you Service. We have full authority to remove any Content from our Service which pertains to violates our Terms and Policies.

Your Obligations

You must abide our Terms and Policies always when using the Service. You must provide your precise and correct information(s) while registering your business in MoTINGA app. You must not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by Indian law. You must not misuse our Service or take active part in it with other(s). Our Service is not intended for use by persons under the age of 18. By using the Service you are representing to us that you are above the age of 18. You must represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the policies as mention in this Agreement.

Your Use of MoTINGA App

Our app will be downloadable from app store for use in connection with the Service. This app may update automatically from app store which may/may not require compatible mobile handset. If you continue to agree with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the App, solely to access the Service provided. But this license does not allow a sale of the App or any copy thereof, and as between GNG IT Service Pvt. Ltd. and You, GNG IT Service Pvt. Ltd. retains all right, title and interest in the App.

Administrator Access to Your Content

When you sign up for our Service, your personal or business or organizational or other entity mobile number; it will get associated with your MoTINGA account. You hereby grant us the permission to access and use contact information, photo album and files from your mobile handset that you have associated with registered mobile number with MoTINGA account. You must acknowledge and understand that we may restrict or terminate your access to Content associated with registered mobile number.

Data Import

If you choose to import data with information such as contact details, inventory list, etc., you are agreeing with sharing the Content with MoTINGA Services. If importing of the data, makes the MoTINGA app crash, stop Services, remove your previously added data or information, MoTINGA Services will not take any responsibility.

Security

We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

Copyright

All content included on this site and MoTINGA app, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of MoTINGA or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of MoTINGA, with copyright authorship for this collection by MoTINGA, and protected by international copyright laws.

Trade Marks

MoTINGA's trademarks and trade dress may not be used in connection with any product or service that is not MoTINGA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MoTINGA. All other trademarks not owned by MoTINGA that appear on this site or MoTINGA app are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MoTINGA.

Termination

You are free to stop using our Service at any time. We also have right to suspend or end the Service at any time (i) at our discretion and without notifying you. (ii) if you violate with our Terms and Policy (iii) if you are using the Service in a manner that we believe may cause us financial or legal liability to us.

MoTINGA Intellectual Property Rights

All the Service are intellectual and exclusive property of GNG IT Service Pvt. Ltd. This doesn’t include Content provided or added by users on MoTINGA app. Any suggestion(s) or feedback(s) you may give to us for our Service will be entirely voluntary. We will be free to use them as we see fit and without any obligation to you.

Copyright

We respect the intellectual property rights of others and we expect the same from our users. For any alleged copyright infringement notice, send mail to us on info@motinga.com.

Modifications to the Service

We may modify the Service from time to time without prior notice to you. If you continue to use the Service, it constitutes that you accept these modification(s). If you are not satisfied with modification of our Service, you may discontinue your use of the Service.

Acceptable Use of the Service

All users of the MoTINGA Service are expected to comply with below Acceptable Use of the Service Policy:

  1. access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
  2. probe, scan, or test the vulnerability of any system or network or breach or otherwise circumvent any security or authentication measures;
  3. access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
  4. interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  5. attempt to disrupt or overpower our infrastructure by intentionally imposing unreasonable requests or burdens on our resources for example using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time.
  6. violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading;
  7. violate the privacy or infringe the rights of others.
  8. circumvent storage space limits;
  9. sell the Services unless specifically authorized to do so;
  10. publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
  11. send unsolicited communications, promotions or advertisements, or spam;
  12. send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  13. promote or advertise products or services other than your own without appropriate authorization;
Indemnification

You agree to defend, indemnify and hold harmless GNG IT Service Pvt. Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Service or the Application, or (ii) from or in connection with any Content uploaded to the Service through your account by you or a third party using your account with your knowledge or consent.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GNG IT SERVICE PVT. LTD. IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE. YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION/ OR SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW, IN NO EVENT SHALL GNG IT SERVICE PVT. LTD., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT GNG IT SERVICE PVT. LTD. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Dispute Resolution

If any dispute, controversy, claim or difference of any kind arises under this Terms of Service or in relation to MoTINGA platform and Service, both parties shall use all reasonable endeavors to resolve such dispute appropriately. If no amicable resolution or settlement is reached within the period of 30 days, each party shall appoint one arbitrator each and these two arbitrators shall appoint the third arbitrator who shall act as the governing arbitrator under the provisions of the Indian Arbitration and Conciliation Act, 1996. Any arbitration shall be confidential, and neither you nor GNG IT Services Pvt. Ltd. may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and GNG IT Services Pvt. Ltd. During this period, in all arbitrations, each party will bear the expense of its own lawyers and preparation. The arbitration proceedings shall be held at Delhi.

Governing Law

These Terms will be government by the laws of the Republic of India, without regard to its conflict of laws principles.

Data Transfer

By providing you the Service MoTINGA may transfer, store and process your Content in which MoTINGA or its agent maintain facilities. By using the Service you agree to this transfer, processing and storage of your Content.

Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and GNG IT Services Pvt. Ltd. concerning the Service replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. MoTINGA’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be invalid and void.

Notices

We may provide you with legal notices and other notices related to your account through either your registered mobile number or email address. We may provide you with other marketing or business-related information, including information about Service updates or changes via registered mobile number, email address or on our blog.