Terms & Conditions

BATCHMASTER SOFTWARE PVT. LTD. THROUGH THE WEBSITE WWW.BMCONNECT.CO.IN (“OUR WEBSITE”) AND THE BM CONNECT VIDEO CONFERENCING SOFTWARE (“SOFTWARE APPLICATION”) PROVIDES VIDEO CONFERENCING AND OTHER SERVICES TO USERS IN INDIA AND WORLDWIDE (TOGETHER “SERVICES”). THE SERVICES ARE OWNED AND CONTROLLED BY BATCHMASTER SOFTWARE PVT. LTD.

THESE TERMS OF USE ("TERMS") SHALL GOVERN YOUR USE OF OUR SERVICES.

THE TERMS "BATCHMASTER", “BM CONNECT”, "WE", "US", "OUR" USED IN THIS TERMS AND CONDITIONS DOCUMENT SHALL MEAN BATCHMASTER SOFTWARE PVT. LTD.

By accessing and using our Services, you accept, without limitation or qualification, the Terms specified herein. You are only authorized to use our Services if you agree to abide by all applicable laws and to these Terms. Please read these Terms carefully before accepting. If you do not have such authority or do not agree to these Terms, then you should not accept these Terms, access, use, download, initiate, or administer the Service or authorize or permit any other person or entity to do so. Our Services are not available to persons who are not legally eligible to be bound by these Terms

We may modify these Terms from time to time. Your continued use of our Services after the effective date of any change to the Terms will be deemed to be your acceptance to the modified Terms. It is important that you review these Terms regularly to ensure you are updated as to any changes made.

1. Our Services

Our Website and Software Application offer a wide range of services to our users. You shall be solely responsible for every service availed by you and shall ensure that you comply with laws of the territory while using our Services including but not limited to intellectual property, privacy, cookies and third-party rights.

We offer a 7-day trial to our users, without having to submit the credit card details. We at our sole discretion, at any time, with or without notice, and without any obligation or liability to you or any other party may suspend, terminate, limit, change, modify, downgrade, and/or update the Services (in whole or in part), including without limitation any feature, functionality, integration or component thereof.

The Services shall not, and is not intended to be used for any application where failure, interruption or malfunction may reasonably be anticipated to result in bodily injury, loss of life, or substantial damage to property and we shall not be liable for any claims, damages or loss which arise from such limitation.

System Requirements: The use of the Services requires one or more compatible devices, internet access and certain software for which fees may apply and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and internet access, your ability to access and use the Services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

Without limiting any other provisions of these Terms, you may not use our Services for any purpose that is unlawful or prohibited by these Terms, applicable laws and/or any applicable additional terms.

Your access and/or use of our Services may be terminated immediately, at our sole discretion, without notice to you, if you fail to comply with any provision of these Terms, applicable laws and/or additional terms, or for any other reason, or no reason. You expressly agree not to:

• Use any content embodied in or used in connection with the implementation, operation, maintenance, or hosting of our Services and all intellectual property rights embodied therein and all derivative works, improvements, updates, modifications, or translations thereof for any commercial purpose.
• Access, monitor or copy any content or information of our Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure.
• "frame," "mirror" or otherwise incorporate any part of our Website or Software into any other website without our prior written permission.

You agree to use the Services in accordance with these Terms and in accordance with any and all applicable laws and regulations, including by obtaining all required consents, licenses, rights, authorizations, and/or permits. You shall be solely responsible and liable for your use of the Services, including without limitation for any and all content transmitted, streamed, communicated, recorded, received, and/or stored to or through the Services by you. To the extent that you choose to use any software applications provided by us in relation to the Services, you agree that you will promptly install all upgrades, bug fixes, patches, and other corrections relating to the Services made available by us.

You agree not to take any action or omission that would reasonably be expected to disrupt or compromise the integrity or security of the Services or the privacy of the users of the Services or cause imminent and material damage to the Services, or any users of the Services;

You agree not to use the Service:

• for any fraudulent, criminal, defamatory, harassing, or tortious purpose, or to participate in or promote any illegal activity;
• to breach, violate, or infringe intellectual property, privacy, or other rights, or to misappropriate the property, of any third-party;
• to transmit, distribute, or store any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or similar programs or materials;
• to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value;
• to transmit or broadcast unsolicited, or “junk” or “spam,” marketing or promotional materials or messages through pre-recorded voice messages, SMS, facsimile, or other means, in breach of any applicable laws or regulations; or
• to transmit, distribute, display, store, or share inappropriate or obscene content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).

You agree not to attempt to hack or gain unauthorized access to the Services or any network, environment, or system of the Services or any of other user(s) of the Services;

You agree not to remove, obscure, modify, or alter any branding, logos, and/or legal notices displayed in or along with the Services; or

You agree not to trunk or forward extensions or numbers associated with the Services to a private branch exchange or key system or to other numbers that can process multiple calls simultaneously.

Our Services safeguards every user and shall not accept any liabilities or violations. If you find any of the users violating our Services or aren’t following these Terms, you can report abuse by contacting us at [email protected] shall take appropriate steps and investigate such complaints and violations. This shall include but not be limited to taking down of content, issuing warnings, terminating user profile or account. We shall under no circumstances be liable for any loss or damages incurred due to use of access of or denial of any such data or content used/viewed while using the Services

You can stop using the Services at any time. We may at our sole discretion, at any time, with or without notice, and without any obligation or liability to you or any other party – suspend, alter, or stop providing the Services to you or any other party for any or no reason, including without limitation if you do not comply with these Terms or if we are investigating suspected misconduct.

3. Privacy

Our privacy policy explains how we treat your personal data and protect your privacy when you use the Services. By using the Services, you agree that we can use such data in accordance with our privacy policy.

4. Eligibility

You affirm that you are of legal age and are otherwise fully able and competent to enter into these Terms, and to abide by and comply with these Terms. Although we cannot absolutely control whether minors gain unauthorized access to the Services, access may be terminated without warning if we believe that you are underage or otherwise ineligible. If you are under the required age then you would require your parent or legal guardian’s permission while availing our Services. If these terms are accepted by you as a parent or legal guardian then these terms shall apply to you for Services availed by your child.

5. Intellectual Property

BatchMaster SoftwarePvt. Ltd. retains its ownership of all the proprietary rights associated or displayed in the Services and in all its trademarks, service marks, domain names, trade names and logos. You shall not use any of this proprietary information without our express written consent.

BatchMaster Software Pvt. Ltd. does not claim any ownership rights in the content that you transmit on or through our Services. You represent and warrant that (i) you own the content posted by you on or through our Services or otherwise have the right to grant the necessary licenses and (ii) the transmission of your content on our Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other proprietary rights of any third party.

BatchMaster Software Pvt. Ltd., its staff and/or its Directors will not be held responsible for any misleading, false or otherwise injurious information and advice communicated through our Services, or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained through user-generated content transmitted on our Services.

You shall not use any copyrighted material, trademarks or any other proprietary rights to post, distribute, modify or reproduce without the express written consent of the owner of such proprietary rights. We shall deny access to any such user, who is believed to have infringed rights of the other party.

6. User Prohibitions

Unauthorized access to our Services by non-registered users is strictly prohibited. If you have a user password allowing access to a non-public area of our Services, you may not disclose or share your password with any third party(ies) or use your password for any unauthorized purpose.

In addition to all other terms and conditions of these Terms, you shall not provide any service based on our Services without prior written permission from us and/or;

• publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
• use our Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of BatchMaster;
• violate any applicable local, state, national or international law; and
• create a false identity to mislead any person as to the identity or origin of any communication

7. Indemnity

You agree to indemnify and hold harmless BatchMaster Software Pvt. Ltd., and our directors, officers, vendors and employees from and against any losses, damages, fines and expenses (including reasonable attorneys’ fees), arising out of or relating to:

• any claims made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on our Services;
• in violation of any applicable law, or by your violation of the rights of another;
• your access to or use of our Services, including information provided in connection therewith;
• your breach or alleged breach of these Terms;
• any misrepresentation made by you;
• any other claim related to your use of our Services, except where such use is authorized by us

You will cooperate as fully as required by us in the defense or settlement of any claim.

If the Services is being used on behalf of a business, such business will hold harmless and indemnify BatchMasterSoftware Pvt. Ltd. and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the Use of the Service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

8. Disclaimers and Limitation of Liability

You understand and agree that your use of our Services is at your own risk and subject to the following disclaimers. We provide our Services on an "AS-IS" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that our Services will function without disruptions, delays, or imperfections.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU UNDERSTAND AND AGREE THAT WE SHALL, IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER LOSS OR DAMAGE WHATSOEVER, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGES ARISING FROM YOUR USE, OR INABILITY TO USE OUR SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Jurisdiction

These Terms are governed and construed in accordance with the Laws applicable in India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Indore, Madhya Pradesh, India, in all disputes arising out of or relating to the use of our Services. Use of our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

10. Miscellaneous

The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect.

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Any amendment to or waiver of our Terms requires our express consent. If we fail to enforce any of our Terms, it will not be considered a waiver.

All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.