IMPORTANT-READ CAREFULLY: This End User License Agreement (this "EULA") contains the terms and conditions regarding your use of the SOFTWARE (as defined below). This EULA contains material limitations to your rights in that regard. You should read this EULA carefully and treat it as valuable property.
This is a legal agreement between yourselves (an individual company, trust, government company, government department or any other legal entity), the purchaser of the software described here under, here in after referred to as the LICENSEE, on the one part, and Nicole Infosoft Pvt. Ltd.(Development Company of this software ) here in after referred to as the COMPANY, on the other part. By installing the software described below, you are agreeing to be bound by the terms of this agreement. If you do not agree to all of these terms and conditions, then you must promptly return the software to the place of business from which you obtained it in accordance with any return policies of such place of business. Return policies may vary between or among resellers, and you must comply with your particular reseller's return policies as agreed at the point of purchase. In no any case Nicole Infosoft Pvt. Ltd. is bound to return back the money you have paid at the point of purchase.
GRANT OF LICENSE: The COMPANY grants to the LICENSEE a non exclusive right to use one copy of the enclosed software program. The SOFTWARE is in ‘use’ on a computer when it is loaded into temporary memory (that is RAM) or it is ‘installed’ into permanent memory (example, Hard Disk, CD-ROM Disk, or any other storage device on the computer). The SOFTWARE may be used on a single computer (for the Single User edition of the SOFTWARE) or on a Local Area Network (LAN) Server (for the Multi User Edition of the SOFTWARE) for use on any one or more nodes connected directly to the LAN server for simultaneous use by more than one user. This is the only situation under which more than one user can use the SOFTWARE simultaneously. The SOFTWARE may be freely moved from one computer to another belonging to the LICENSEE. The LICENSE is granted only for the use of the purchaser, who is the LICENSEE, and the LICENSEE shall not be allowed to use the SOFTWARE for the benefit of anyone other than the LICENSEE. The LICENSEE shall not rent, lease, or otherwise transfer this SOFTWARE and the rights to use the SOFTWARE to anyone.
COPYRIGHT: The SOFTWARE is owned by Nicole Infosoft Pvt. Ltd. and is protected by Copyright Laws of India and International Treaty Provisions. Therefore you must treat this SOFTWARE like any other copyrighted material (e.g. a book or any transaction page), except that you may (a) make ONE copy of the SOFTWARE solely for backup or archival purposes or (b) transfer the SOFTWARE to single hard disk, provided you keep the original solely for backup or archival purposes. You shall not copy the written materials accompanying the SOFTWARE.
LIMITED WARRANTY: The COMPANY warrants that (a) this SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of 360 days from the date of purchase and that (b) the medium on which the SOFTWARE is supplied, will be free from defects in materials and workmanship under normal use and service for a period of 360 days from the date of purchase. Any other implied warranties on the SOFTWARE are also limited to 360 days. The LIMITED WARRANTY is void unless the purchase of the SOFTWARE is from a supplier authorized to supply the SOFTWARE in the geographical territory of the LICENSEE, or from the COMPANY.
CUSTOMER REMEDIES: The COMPANY and its suppliers’ entire liability and your exclusive remedy shall be at the option of the COMPANY, either (a) return of the price paid on the return of the SOFTWARE to the supplier and giving the proof of having uninstalled the activation license, or (b) repair or replacement of the SOFTWARE that does not meet LIMITED WARRANTY of the COMPANY, and which is returned to the supplier with a copy of the proof of purchase (such proof of purchase being either the original invoice or receipt of the supplier). The LIMITED WARRANTY is void if the failure of the SOFTWARE has resulted from virus, any other software or process on the computer of the LICENSEE, improper use, accident, theft, abuse or misapplication of the SOFTWARE. Any replaced SOFTWARE will be warranted for the remainder of the original warranty period or 30 (thirty) days whichever is longer.
NO OTHER WARRANTY: The COMPANY and all its suppliers disclaim all other warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying written materials.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: The COMPANY and its suppliers under no circumstances shall be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other monetary or non-monetary loss) arising out of the use or the inability to use this SOFTWARE, even if the COMPANY has been advised of the possibility of such damages.
The CUSTOMER is solely responsible for determining the suitability of the SOFTWARE for the purpose it is intended to be used, before the purchase of the SOFTWARE. Once the CUSTOMER purchases the SOFTWARE, the COMPANY will not accept return of SOFTWARE under any circumstances, whatsoever, and the payment once made will be non-refundable. Customer must validate all type of transaction & report before purchase
The COMPANY will not take any responsibility for any kind of corruption of data at the CUSTOMER site due to media failure / power failure / hardware problem / virus infection or any other reason. At most, the COMPANY can try to recover the data either fully or partially and the same will be chargeable.
It is expressly agreed by the CUSTOMER that neither the manufacturer nor the supplier of the SOFTWARE will be liable for any loss or damage, whether direct, indirect, special, consequential and / or incidental, arising from the use or application of the SOFTWARE and related items.
APPLICATION OF WARRANTY: The LIMITED WARRANTY is applicable if, and only if, the licensee has completed the activation process by logging in the serial number and the key for the software, and the registration information of the licensee has been received and acknowledged by the COMPANY. Otherwise the LIMITED WARRANTY shall not apply.
Location: Software has feature to track employee’s login and their movement in our software so we ask our software use to grand permission to save user current location with latitude & Longitude. We are not responsible to any uses of VPN or malfunctioning. If customer doesn’t want to allow us to track location then they can deny it.
JURISDICTION: In the event of any dispute whatsoever arising between the parties in any way connected with the interpretation or implementation of any term of this agreement, or in any way connected with the use or inability to use the SOFTWARE or any other services of the COMPANY, connected with the SOFTWARE, the same shall be referred to the sole arbitration or a person to be appointed by the COMPANY, and the decision of the arbitrator will be final and binding on all parties. The arbitration proceedings shall always be held in the City of Gurugram, India. All disputes whatsoever that may arise shall be governed and construed in accordance with the laws prevailing in the City of Gurugram, India. Only competent courts within the City of Gurugram, India shall have jurisdiction in this regard.
SUPPORTING SOFTWARE: We don’t support any pirated software to be used for running this software or used in your computer. All the downloaded supporting software for using this software or used any other software in your computer is used on your risk. We can just suggest some supporting software to be used for smoothly running this software.
Nicole Infosoft strictly prohibit used of any kind of pirated software. You agree to use licensed software and follow the term & condition of mother company of used software in your computer. If you don’t agree to use original/ licensed software then , then you must promptly return the software to the place of business from which you obtained it in accordance with any return policies of such place of business. Return policies may vary between or among resellers, and you must comply with your particular reseller's return policies as agreed at the point of purchase. In no any case Nicole Infosoft Pvt. Ltd. is bound to return back the money you have paid at the point of purchase.
By downloading or using the app and website, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Smart Capita.
Smart Capita is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Smart Capita app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Smart Capita app won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app : Google Play Services and AdMob
You should be aware that there are certain things that Smart Capita will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Smart Capita cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Smart Capita cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Smart Capita cannot accept responsibility.
With respect to Smart Capita’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Smart Capita accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Smart Capita does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2021-11-15
Contact Us:If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at email@example.com.