Terms and Conditions
The website, www.absolutchat.com (“Site”) is an electronic web based platform which provides omni-channel conversational engagement automation services including but not limited to customer support, sales and marketing and responses to FAQs (to be referred to as “Services” as particularly detailed under each Service Order (as defined below) executed between the Parties.
The following expressions shall have the meanings referred in this terms as defined herein below:
DATE OF ACTIVATION: is defined as the date specified by the Absolutchat Technology Pvt. Ltd. in its notice to the Member either through email indicating the approval to the Member’s registration and permission to access the Service.
EXPIRY DATE: is defined as the expiry date of the notice of termination of the services.
MEMBER: is any person/company who accesses the Site for whatever purpose, regardless of whether said Member has registered with Absolutchat Technology Pvt. Ltd. as a registered Member or whether said Member is a paying customer for a specific service provided by the Site. A Member includes the person using this Site to access any information on the Site.
SERVICES: is defined as the services to be provided by the Company to the Member at Absolutchat Technology Pvt. Ltd. including the provision of facilities for the following:
A Member who wishes to advertise at Absolutchat Technology Pvt. Ltd.
Members who wish to receive advertisements, newsletters and promotional messages from www.absolutchat.com and through email, SMS or Chat applications.
The Member agrees and expressly states that he/she is solely responsible for the accuracy and completeness of the Registration and other information given to the Company in the application for membership in order to use the Service. The Member will ensure that the data shared with Absolutchat Technology Pvt. Ltd. doesn’t contain any fraudulent, false, misleading or manipulated facts.
The Member is responsible for the set-up or configuration of all the necessary equipment required to access the Service.
The Member will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
The Member shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
The Member is solely responsible for the maintenance of confidentiality of the login information.
This would include the Member’s password and Member Username and all activities and transmission performed by the Member at Absolutchat Technology Pvt. Ltd.
The Member will immediately notify the Company of any unauthorized use of the Member’s account or any other breach of security known to the Member.
The Member will pay promptly the Subscription Fees as & if required by the Company from time to time.
The Member will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.
In case you chose to discontinue your association with us, you can unsubscribe / remove your account by either sending an email to email@example.com or completing the delisting procedure using the Remove Account link available in your folder.
With this registration, you agree to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently, irrespective of being on Do Not Call Registry; which include company / your number / an assigned point of contact; with respect to the subscribed services of www.absolutchat.com.
Proprietary Rights in Content on Absolutchat Technology Pvt. Ltd.
www.absolutchat.com owns and retains other proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of www.absolutchat.com you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which you have been given permission.
Intellectual Property Rights
All logos, brands, trademark, registered marks (“Marks”) appearing in www.absolutchat.com are the properties either owned or used under license by the Company and / or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company / its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.
The access to the Site does not confer upon the Member any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offense under the prevailing laws of India.
The Member will not allow any person other than the authorized person(s) named in the application form to use the Service.
The Member shall use the Service only for the purpose for which it is subscribed.
The Member will comply with all applicable laws and shall not contravene any applicable law of India relating to the Services, including any regulation made pursuant thereto.
The Member shall not to use the Service for any unlawful purpose including without limitation criminal purposes.
The Member shall not use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an offensive, vulgar, obscene, malicious or menacing nature.
The Member shall be prohibited in persistently sending messages or make postings on www.absolutchat.com to any other Member or third party who access www.absolutchat.com without reasonable cause or for causing any peril, harassment, annoyance, irritation, or anxiety to any person.
The Member is prohibited to introduce, upload, post, distribute, publish or transmit any information or software that:
a) Contains a virus, worm or other harmful component into the Internet or www.absolutchat.com network system.
b) Breaches on any intellectual property rights of any person or retains information in any computer system or otherwise with such intention.
c) Is unlawful, or which may potentially be perceived as being abusive, defamatory, libelous, harmful, threatening, harassing, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
d) Is meant to mislead or deceive the other Members
e) Infringes any trademark, patent or copyright rights
In the event of a violation of any of the above mentioned covenants by the Member, and same comes to the Company’s knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the Member. The Company shall issue a warning to the Member to discontinue any activity, which leads to the said violations, and in the event the Member continues with such activity, the Company has the sole authority to terminate or suspend the membership at www.absolutchat.com and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the Member to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the Member.
The User to avail the AbsolutChat Services shall choose an appropriate plan from the subscription plans as set forth on the Platform’s pricing quote and shall agree to pay the applicable fee as mentioned in the chosen subscription plan (“Subscription Fee”). The Subscription Fee shall be paid by You on monthly/quarterly/half-yearly/annual basis, within seven (7) days from the invoice date. Your subscription to the Absolutchat Services will renew automatically unless the account is terminated, or You give a written notice of non-renewal at least thirty (30) days prior to the expiration of the relevant subscription term.
We allow authorization of payment on Our Platform through the following payment services:
We accept following payment methods through the above-mentioned payment services:Credit Cards: Domestic and International Visa, MasterCard, and American Express credit cards.
If undisputed Subscription Fee(s) is more than thirty (30) days overdue, then, following written notification from Us, We may suspend Your access to the Platform, including, without limitation, Your Account, until such unpaid Subscription Fee(s) are paid in full.
The Subscription Fee do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You agree to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent We are legally required to collect the same, will be itemized on the invoice.
The Subscription Fee does not include any charges that are charged by WhatsApp Business API for Template Messages or Conversations, we will raise an invoice based on the usage of messages/conversations on a monthly basis and you need to clear the invoices within 7 days from the date of invoice. We shall have the right to charge You for this additional service and You shall have the right to accept such charges or decline them and not use the associated channel.
A Member may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the www.absolutchat.com service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Copyright Agent for Notice of claims of copyright infringement can be reached by writing to firstname.lastname@example.org.
Maintenance of Service
The Company may at any time deactivate or suspend the Member’s access to www.absolutchat.com and/or the Services (as the case may be) without any prior notice in order to carry out system maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this Agreement, the Company shall not be liable for any loss and damage, costs and expense that the Member may suffer or incur, and no fees or charges payable by the Member to the Company shall be deducted, refunded or rebated, as a result of such deactivation or suspension.
As www.absolutchat.com is an online platform so it cannot guarantee confidentiality of information provided by Members who use the Site, so any breach in privacy due to technical fault or any other means is not the responsibility of www.absolutchat.com
The agreement between www.absolutchat.com and the Member can neither be deemed as “non-poach agreement” nor can the same be termed or used as an alternative to “non-poach agreement” as www.absolutchat.com being a public site, all information posted by Member on the Site goes to the public domain except information / data which is specifically assigned as a non-public / private character.
The Member is entitled access to his own data and information stored in the database at www.absolutchat.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.
The Members need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) in chat and bulletin board areas, such information may be collected by a third party resulting in unsolicited messages from third parties. Such interaction is beyond the control and liability of www.absolutchat.com . www.absolutchat.com is liable to share all information available with it in response to any legal proceedings including and not restricted to court orders, notices, subpoena, FIR etc.
Modification to Service
The Company reserves the right to modify or discontinue the Service with or without notice to the Member. The Company shall not be liable to the Member or any third party should the Company exercise its right to modify or discontinue the Service.
Matter of Disputes and Jurisdictional Aspects
For any kind of legal dispute related to www.absolutchat.com would be dealt in only territory of Jaipur. All the legal issues are subjected only to pertinent contemporary laws in force at Jaipur to the jurisdiction of courts located in Jaipur only.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from incidental use www.absolutchat.com is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Jaipur, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the www.absolutchat.com , contains the entire agreement between you and www.absolutchat.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.