Terms of Service

 
 
 
 
 

These Terms of Service (“Terms”) govern the Customer’s (as defined herein below) use of Perfios’s EPF Analyser Module (“EPF Analyser”) offered to You by the Client (as defined herein below) through the use of Perfios’s (as defined below) Website which describes certain terms and conditions whilst providing Perfios’s services to the Client and its Customers. 

I. DEFINITIONS

a) ‘Client’ means a company/entity where the Customer has applied for a specific service(s) of the said company through the use of the Perfios’s Website.

b) ‘Perfios’/ ‘We’/ ‘Us’ / ‘Our’ / ‘Company’ means Perfios Software Solutions Private Limited, a service provider, providing the EPF Analyser services of Perfios to the Client. Perfios has its head office located at # HM Vibha Towers, 5th Floor, No. 66/5-25, Hosur Road, Above Star Bazaar, Adugodi, Bangalore – 560 030.

c) ‘Website’ means Perfios’s website (www.perfios.com) /portal used for fetching the Customer’s EPF Data (as defined below).

e) ‘You’/ ‘Your’ or ‘Customer’ means the visitors to the Website and You shall also be bound by the terms and conditions as specified herein. 

II. TERMS AND CONDITIONS

1. Acceptance of the Terms: By clicking on ‘Continue’ button, You agree and accept to avail the EPF Analyser offered by Perfios to the Client, having read, understood and accepted these Terms. By accepting the Terms, You understand that Perfios will get access to Your information available at the Employee’s Provident Fund (EPF) portal including salary data and such other details available in the EPF Portal (hereinafter referred to as “EPF Data”).

2. Eligibility for Use: You hereby agree and acknowledge that Your EPF Data to be made available to Perfios as part of the EPF Analyser offered to the Client by Perfios can be made available to Perfios only if You are a person above the age of 18 or such other legal age prescribed under law from time to time. Perfios expressly informs You that these Terms which You are required to be bound by is meant only for individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. By clicking ‘Continue’ You hereby represent that You are above the age of 18 and don’t suffer from any legal disability that renders You incompetent to contract. In the event that You are representing certain individual/s, company/ies, third parties or any entities, in any capacity, then, You expressly confirm that You have the valid authority and right to do so for and on behalf of them. By entering into these Terms, You state that You have the right to bind such individual/s, company/ies, third parties or any entities to these Terms.

3. Purpose of sharing Your information: You agree that You are providing Your EPF Data to enable the Client to evaluate Your application for Client’s products/ services and that the said information may be stored on the Client or Client’s’ service providers’ computer systems. You understand that the Client is availing services of Perfios and pursuant to this arrangement, Perfios will obtain access to Your EPF Data. You understand and agree that Perfios will collect, access and analyse Your EPF Data on behalf of the Client. The report(s) generated under these Terms shall then be confidentially forwarded to the Client. You agree and accept that Perfios may store the information You provide on cloud-based servers. 

4. Information Sought From You: You understand that Perfios will request You for certain basic information to render EPF Analyser to the Client by Perfios. Information sought includes login credentials (user id, password) of your EPF Portal or such other portal/account from where Your EPF Data is to be made available to Perfios. For the purpose of providing EPF Analyser to the Client, You hereby agree to provide accurate and correct information that is sought by Perfios. Unless additional information is sought from the Client, Perfios would not request for any additional or further information relating to Your EPF account. All information provided by You will be treated as private and confidential. You agree that Perfios, for the purpose of creation of the reports, and the Client, will rely on the information available in the EPF Data You submit or available in Your EPF portal/account from where Your EPF Data is made available to Perfios.

You agree to provide such EPF Data or EPF portal/account’s login credentials to retrieve data from EPF (third party) website. Perfios do not and cannot assume any responsibility or accuracy for such information or data maintained by such third party either in terms of updation, accuracy, deletion, non-delivery or failure to store data, communications, etc.

5. Ownership of Information: We acknowledge and agree that the EPF Data provided by You, including the login credentials (id and passwords), shall belong solely and exclusively to You.  The login credentials mentioned under this Clause will be only used by us to fetch EPF Data from the EPF website/portal and such credentials will be discarded immediately after fetching the required information. Perfios does not and will not store either a portion or whole of Your login credentials in any medium with the Client / Perfios or on the servers of the Perfios or even for archival purposes.

6. Legal Disclosures: You acknowledge that Perfios is legally bound to disclose certain information due to compulsions under law. We may need to disclose information about You when required by law or legal process or if we have a good faith belief that disclosure is reasonably necessary to (a) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) enforce our agreements with You, (c) investigate and defend ourselves against any third-party claims or allegations, (d) protect the security or integrity of our Services (such as by sharing with companies facing similar threats); or (e) exercise or protect the rights and safety of Perfios or the Clients , our users, personnel, or others

7. Transfer of Information: As part of the EPF Analyser provided to the Client by Perfios, You hereby consent to the processing of Your EPF Data through, any data center of Perfios which is made available to the Client by Perfios.. You expressly agree and acknowledge that usage of EPF Analyser may be monitored, tracked and recorded. As such You expressly consent to such monitoring, tracking and recording. 

8. Rights Granted by You: You hereby expressly grant Perfios the right to utilize the information, data, personal identification numbers, other materials, contents, suggestions, ideas, feedback, etc., which You provide or give access to, for and on Your behalf for the provision of EPF Analyser to the Client. The Client shall use such information with the sole purpose for providing You the required services and not for any other purpose. You hereby warrant and represent that You are duly authorized to submit or represent the third party (if any) on behalf of whom You are providing this information to Perfios.

9. Limitation of Liability: Perfios shall in no event be responsible or liable to You or to any third party, whether in contract, warranty, tort (including  negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, business interruption, loss of information, or loss of savings, or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, or inability to utilize EPF Analyser arising in whole or in part from Your access to the Website(s), Your use of EPF Analyser, even if Perfios has been advised of the possibility of such damages.

10. Disclaimer: Notwithstanding anything contained in these Terms, no claim or recourse shall lie against Perfios by You in respect of the accuracy, certainty, or correctness of the report(s)/analysis delivered to the Client under the services rendered by Perfios. The report(s)/analysis so delivered will be solely based on the information and data collected in the manner hereinbefore detailed. The services rendered by the Perfios are rendered with the presumption that the information and data collected is authentic and accurate.

11. Support: Perfios shall provide support to You, for problems faced by You in relation to the use or interaction with EPF Analyser. All support services shall be through e-mail only, wherein You will send an email to the Company detailing the issue to support@perfios.com.

12. Indemnity Obligations: You hereby indemnify and agree to defend and hold harmless Perfios and their officers, directors, shareholders, and employees at all times, from and against all loss, cost, damages, claims, expenses, suits, proceedings etc. that Perfios may have to face or incur including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms by You, any misrepresentation or misuse of EPF Analyser by You or any negligent, unreasonable or inappropriate use of the Website or EPF Analyser.

13. Sensitive Information: You understand and acknowledge the risks involved in sharing sensitive information like passwords and user id. You are for all purposes required to keep Your sensitive information confidential and private. In the instance of log-in by an unauthorized source using Your credentials (such as user id and password), You shall immediately notify the Client and Perfios.  You are aware that electronic systems, despite data protection systems in place, are vulnerable to illegal access in rare cases. You agree and accept the risks involved in availing EPF Analyser. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.

14. Governing Law and Jurisdiction: These Terms shall be governed by the laws of India and You submit to the exclusive jurisdiction of courts of Bangalore. All disputes that may arise out of these Terms shall be resolved in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the seat and venue for arbitration shall be Bengaluru, Karnataka.  A sole arbitrator shall be appointed jointly by the Parties within 30 (thirty) days from the date of the dispute arising, failing which an arbitrator shall be appointed by the Karnataka High Court or any person or institution designated by such Court in accordance with the provisions of the Arbitration and Conciliation Act, 1996. All proceedings shall be in English. The award of the Arbitrator shall be final and binding on the Parties. 

15. Prohibited Activities: 

You agree NOT to do to the following in relation to Your use, access or interaction with EPF Analyser:

(a) impersonate or misrepresenting any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts;

(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the Website;

(c) Collect or store personal data about other users;

(d) Interfere with or disrupt EPF Analyser or servers or networks connected to EPF Analyser, or disobey any requirements, procedures, policies or regulations of networks connected to the services;

(e) Intentionally or unintentionally violate any applicable local, state, national or international law;

(f) Upload, post, email, transmit or otherwise make available any material that contains software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(g) Use/Develop any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the services, either in whole or part;

(h) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising in any way making up a part of the services.

(i) Override any security feature or bypass or circumvent any access controls or user limits of EPF Analyser.

(j) Imply or state that You are affiliated with or endorsed by Perfios without our express consent.

(k) Monitor the EPF Analysers’ availability, performance or functionality for any competitive purpose

safe and secure

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