Terms & Conditions

These terms of service ("Terms") are made by and between nestwell.co.in (Hereinafter referred to as "Nestwell Technologies" / we / our / us), having its registered office at G-10, IVY Center, Prabhat Nagar, Patel Estate Road, Next to Amboli Police Station, Jogeshwari - West, Mumbai - 400102 and You as user of Nestwell Technologies's Services defined herein below for governing your access and use of all Services, so please read them carefully before using the Services.

• Privacy Policy means the Privacy Policy of Nestwell Technologies as mentioned on Website.
• Service means the services including but not limited to NestWell Technologies online attendance and payroll software called Nestwell Technologies available at www.nestwell.co.in . It's online software services, newsletters and industry updates; and all related information, news, and feedback.
• Use or Using means to access, view, install, download, upload, copy, or otherwise benefit from using the Website.
• User, You or Your means any person who accesses or uses Website, its Services for his own purpose or on behalf of any person, organization or legal entity.
• Website means nestwell.co.in and all web-pages appearing, appended, available along with this website.

USE OF THE SERVICES
By using the services you agree to be bound by these Terms and Privacy Policy in their entirety. By correctly completing and indicating your consent in the registration process, you are agreeing to these Terms and Conditions. It is your sole responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws in using the Service. If you, as an individual, utilize the Services provided by the Website on behalf of a company or legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions. Nestwell Technologies may continue to change Services over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. Your continued use of the Service shall constitute your acceptance of such amendments. We may also remove any content from our Services at our discretion.

If you, as an individual, utilize the Services provided by the Website on behalf of a company or legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions. Nestwell Technologies may continue to change Services over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. Your continued use of the Service shall constitute your acceptance of such amendments. We may also remove any content from our Services at our discretion.

YOUR FILES AND PRIVACY
By using our Services you provide us with information, files, and folders that you submit to Nestwell Technologies (together, "your files"). You retain full ownership to your files. We don't claim any ownership on any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to render the Services, as explained herein.

We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trust third parties we work with to provide the Services.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services.

Your privacy is important to us. To understand better about protection of your privacy by us, including the collection mechanism and use of the personal information you submit to us, please visit the Privacy Policy posted along with this Terms at our Website.

SHARING
The Services provide features that allow you to share your files with others using the website or to make it public. There are many things that Users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public, Nestwell Technologies has no responsibility for that activity.

MODIFICATIONS
We have and continue to have the Right to modify, change, suspend, update, revise these Terms from time to time and the most current version will always be posted on our website. Such changes shall be effective immediately upon posting on the Website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

SOFTWARE AND UPDATES
In the event, Nestwell Technologies grants you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms.

You agree and undertake not to reverse engineer or decompile, modify, copy, post, distribute, transmit, display, perform, reproduce, publish, re-publish, license, create derivative works from, transfer, or sell any material, service or feature, information, data, software obtained from the Website or attempt to do so, or assist anyone else to do so. We may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms. We assume no responsibility for functionality which is dependent on your computer system or browser or other third party software to operate.

USER ACCOUNT & SECURITY
In order to avail Services, you are required to register and create a User Account with password on the Website ("User Account"). At the time of registration you shall be required to share certain information with Nestwell Technologies. With respect to your personal information, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your User Account.

The information collected from time to time will assist you in protection of your User Account. In case you forget password, on its request we will send a new password at the email Id provided by you during the registration.

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are required to log in and exit properly on the Website each time to access/exit your User Account. You are responsible for maintaining the confidentiality of User Account. You are responsible for any activity using your account, whether or not you have authorized that activity.

We reserve the right to accept/refuse /reject registration or cancel User Account without obligation of explanation. You will immediately notify Nestwell Technologies in writing of any unauthorized use of your account, or any other breach of security or other known account-related security breach.

GENERAL RESPONSIBILITIES
Your files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Nestwell Technologies, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not Nestwell Technologies, are responsible for maintaining and protecting all of your files. Nestwell Technologies will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

Use of Services including the use of Software are strictly for personal and official use of the User only. User is allowed to use Website subject to acceptance of these Terms.

DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES AND SOFTWARE ARE PROVIDED TO YOU ON AS IS", "AS AVAILABLE" BASIS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE SERVICES ARE NOT HACK PROOF AND WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. Nestwell Technologies will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Nestwell Technologies, ITS DEVELOPERS, RESELLERS, AFFILIATES, EMPLOYEES, DISTRIBUTORS, SUB-DISTRIBUTORS, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Nestwell Technologies HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL BE LESSER OF RS. 1,500 OR THE AMOUNTS PAID BY YOU TO Nestwell Technologies FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

TERMINATION
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate or deactivate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your Services for breach of these Terms no refund of any fees paid to Nestwell Technologies relating to your service will be offered. If we terminate your Services for any other reason than breach of these Terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis. All your personal information will be deleted from the website in the event you suspend or terminate or deactivate or delete your User Account. However, information backed-up from time to time remains as part of such back-up material on the Website. Nestwell Technologies reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the User. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; In case you wish to terminate these Terms of Use, you may discontinue with your registration with us.

All your personal information will be deleted from the website in the event you suspend or terminate or deactivate or delete your User Account. However, information backed-up from time to time remains as part of such back-up material on the Website. Nestwell Technologies reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the User.

Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; In case you wish to terminate these Terms of Use, you may discontinue with your registration with us.

FEES
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our Website; and shall be due and payable in advance of provision of the Services.

We reserve the right to alter pricing, including ceasing to offer elements of the Services. Nestwell Technologies will inform you by email if the charges for a Services is to be altered. You can then decide if you want to continue to use such Service. Your continued use of the Service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.

All fees for our Services are due in advance and your contract will automatically renew it on yearly basis, at which point fees for the following year becomes payable. If you choose to pay by credit or debit card then you authorize Nestwell Technologies to debit your account renewal fees from your card.

INTELLECTUAL PROPERTY
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.

The Software and other technology we use for providing the Services are protected by copyright, trademark, and other laws of both the India and foreign countries. These Terms do not grant you any rights to use the Nestwell Technologies trademarks, logos, domain names, or other brand features.

All materials on this Website, including but not limited to images, audio, video, graphics, software, text, icons, underlying source code, software scripts and such like (the "Content"), are protected by relevant Intellectual Property Rights laws. There are a number of proprietary logos, copyrights, know-how, patents, trade secrets, designs, layout, models, goodwill, service marks and trademarks on this Website whether owned/used by Nestwell Technologies or otherwise. By displaying them on this Website, Nestwell Technologies is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use or attempt to use the Content may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes.

Additional Terms applicable to use of Nestwell Technologies Backup
Nestwell Technologies shall provide a storage space as required by thesoftware to run optimally. There is no direct user accessible storage.

Acceptable Use
You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things:

• Probe, scan, or test the vulnerability of any system or network connected to the Website,
• Reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Nestwell Technologies, including any User Account not owned by You, to its source, or exploit the Website or Services or information made available or offered by or through the Website,
• In any way to reveal any information, including but not limited to information provided for User Account;
• Breach or otherwise circumvent any security or authentication measures;
• Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, Nestwell Technologies (or our service providers’) computer systems;
• 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;
• Plant malware or otherwise use the Services to distribute malware;
• Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
• Create, Send or result unsolicited communications, promotions or advertisements, transmission or spam; send altered, deceptive or false source-identifying information, junk e-mail, chain letters, duplicative or unsolicited messages, letters, comments including "spoofing" or "phishing";
• Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or services other than your own without appropriate authorization;
• Impersonate or misrepresent your affiliation with any person or entity;
• Publish, post, upload, distribute, disseminate or share materials that are unlawfully pornographic, defamatory, infringing, obscene, unlawful or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
• Transmit, distribute or upload programs, files or materials that contain corrupted files, malicious code, such as viruses, timebombs, worms, trojan horses, spyware, or any other similar software or other potentially harmful programs or other material or information that may damage the operation of the Website or server or another's computer or property or handheld devices;
• Upload, download, post or distribute any data, information, file, software, content or other material that is not protected by intellectual property laws and you have not obtained necessary license or approval and is not developed by you and you do not have the rights and necessary consents to use;
• Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate anybody or entities with real or fake identity or any combination of both or anything that will give rise to civil or criminal liability or otherwise violate the legal rights of others;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Modify, disrupt, impair, alter or interfere with the use, features, functions, access, operation, system, network or maintenance of the Website or any other usage in inappropriate manner;
• Violate any applicable laws or regulations for the time being in force in or outside India;
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
• Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Nestwell Technologies or other third parties;
• Engage in unlawful multi-level marketing or conduct forward surveys, contests, pyramid schemes, chain letters, distribute or post spam, unsolicited or bulk electronic communications;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in your files those are uploaded;
• Violate, abuse, unethically manipulate or exploit, any of the terms and conditions or code of conduct;
• Create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, robot, spider, crawler or scraper;
• Affect reputation of the Website or any other party in whatsoever manner;

Nestwell Technologies shall have the right to monitor the content of the Website at all times, to determine compliance with these Terms and any rules, code formulated by Nestwell Technologies and all applicable laws, rules and regulations. Without limiting the foregoing, Nestwell Technologies shall have the right to remove any material that Nestwell Technologies, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Any person using the Website and Services whether in India or outside India will do so at his own risk and responsibility. Company shall not be liable in any form for any delivery/non delivery of any Service, payments made, etc. and any consequences thereof. Nestwell Technologies reserves right to prevent any person from using the Website and/or Services (part or whole) at any point of time.

ONLINE PAYMENT
User understands and acknowledges:

• That Nestwell Technologies, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
• That the User shall provide accurate payment details to the secure payment system for making purchase on the Website.
• The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
• Nestwell Technologies expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User’s credit/ debit card.
• That the User undertakes all payments subject to own risk and volition.
• Nestwell Technologies shall not be liable for any loss or damage occurred to User arising directly or indirectly out of the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.

REPRESENTATION AND WARRANTY
User represents and warrants that:

• You are eligible to use this Website and its Services under Indian Law.
• Your age is at least 18 years or above.
• Your feedback does not contain confidential or proprietary information of You or of third parties;
• Nestwell Technologies is not under any obligation of confidentiality, express or implied, with respect to the feedback;
• Nestwell Technologies may have something similar to the feedback already under consideration or in development;
• You are not entitled to any compensation or reimbursement of any kind from Nestwell Technologies for the feedback under any circumstances.

LINKS TO THIRD PARTY
We may provide links of other websites on the Website, without any warranty, merchantability, endorsement, suitability, any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Website.

The Website contains links to third party websites maintained by other content providers. If the User decides to access linked third-party websites, the User does so at his/her own risk.

Nestwell Technologies shall be in no way responsible and liable for any third party product or services. The advertisement, third party links available on e-mail or website with respect to the third party links, website or the products and services are for information purpose only.

We do not endorse the advertisements or advertisers or quality, suitability, merchantability, fitness, warranties of the product and/or services offered by such advertisers. User shall directly deal with the Advertisers and any such third party providing such services.

JURISDICTION
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY INDIAN LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF MUMBAI, MAHARASHTRA AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION OF MUMBAI.

AGREEMENT
These Terms constitute the entire and exclusive agreement between you and Nestwell Technologies with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. These Terms of Use cannot be changed or terminated orally.

WAIVER
Nestwell Technologies’s failure to enforce a provision is not a waiver of its right to do so later.

SEVERABILITY
If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible and the Terms will be deemed amended to the extent necessary to make it legal, valid and enforceable.

ASSIGNMENT
You may not assign any of your rights in these Terms, and any such attempt is void, but Nestwell Technologies may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

NO PARTNERSHIP
Nestwell Technologies and you are not legal partners or agents; instead, our relationship is that of independent contractors.

FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall Nestwell Technologies be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.

NOTICE
All notices of Nestwell Technologies will be served by email or by general notification on the Website. Any notice provided to Nestwell Technologies pursuant to the Terms should be sent to the registered office address of Nestwell Technologies.

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS WEBSITE.

CANCELLATION & REFUND POLICY
The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized NestWell Technologies to charge the subscription fee to the Credit Card last used by you.

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.