Terms and Conditions and
Privacy Policy

PRIVACY POLICY

THIS PRIVACY POLICY (“PRIVACY POLICY”) SETS FORTH HOW Kach Tech Private Ltd USES AND PROTECTS THE PERSONAL INFORMATION THAT USER PROVIDES TO US WHEN THE USER USES ITS WEBSITE LOCATED AT www.kapittx.com THIS PRIVACY POLICY APPLIES TO PERSONAL INFORMATION COLLECTED ON THE WEBSITE. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CONTINUING TO USE THE SERVICES OR ACCESS THE WEBSITE, USER AGREES TO THIS PRIVACY POLICY. IF USER DOES NOT AGREE TO THIS PRIVACY POLICY, USER MAY NOT USE OR AVAIL THE SERVICES OR ACCESS THE WEBSITE.

INTRODUCTION

Kach Tech Private Ltd (“Company”; “We”; “us”; “our”) offers a B2B accounts receivable management software (“Kapittx”) enabling businesses collect and pay invoices and digitise the entire process of order to cash. Kapittx enables the Users to upload invoices from their respective billing/accounting systems. Kapittx sends automated payment reminders to User’s customers and facilitates the entire collaboration within User’s organisation with its customers. Kapittx is offered through our website (“Website”), that helps individuals and organizations (“User”, “his” “you”, “your”) use the services provided by Kapittx (“Services”). User(s) shall include general visitors to the website, individuals or organization that use the Services.

If you are accessing the Website or using the Services on behalf of a third party, you represent that you have the authority to bind such third-party to the terms and conditions of this Privacy Policy and, in such an event your use of the Website or the Services shall refer to use by such third party. If you do not have such an authority (to provide any Personal Information of a third party) or do not agree to the terms of this Privacy Policy, then you should refrain from using the Website or the Services. Additionally, you agree that you have obtained a prior written consent from such third-party before uploading their Personal Information on the Website.

We are committed to protect the Personal Information (defined below) and have made this Privacy Policy to describe the procedures we adhere to for collecting, using, and disclosing the Personal Information. We recommend the Users to read this Privacy Policy carefully so that Users understand our approach towards the use of their Personal Information.

PERSONAL INFORMATION COLLECTED

This Privacy Policy applies to Personal Information collected and controlled by the Company, about the Users when they use the Website or register for and use the Services, for getting in touch with us for any inquiries.

For using the demo version or getting in touch with us Users are required to provide Personal Information pertaining to name, email, mobile number, company name, sales turnover, number of invoices and number of customers.

The Personal Information collected from the Users when they use Kapittx includes Personal Information and other information pertaining to bank details, User’s customers detail, invoices details and payment details.

For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, User’s customers including but not limited to User’s name, address, telephone number, e-mail address.

User can withdraw his consent provided for our use of Personal Information, however, please note we may not be able to provide the required Services in an efficient manner in absence of the Personal Information collected by us.

INTERNET PROTOCOL

We collect User’s Internet Protocol (“IP”) addresses when User visits the Website or uses the Services to track and aggregate information such as the browser name, your usage and log related information, the type of electronic device, manufacturer, make, model, unique ID of the electronic device and other technical information about User’s means of connection to our Website such as the operating system and the Internet service providers utilized and other similar information. For example, we may use IP addresses to monitor the regions from which User navigates our Website or uses the Services User understands that this information shall be non-personal information and could be used by the Company, for its own business purposes.

We also collect certain non-personal information on the way you use the Website, through tools such as Google Analytics (a brief description of the same is provided below). This is done primarily to enhance user experience. These tools collect certain information which helps us understand how many visitors have visited the Website and also, their behaviour.

Google Analytics-This Website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies, text files that are stored on your computer and enable analysis of your use of the Website. The information generated by the cookies about your use of this website are usually transferred to a server of Google in the US and stored there. In case of activation of IP anonymization on this website your IP address from Google will be truncated within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address is transmitted to a Google server in the US and shortened there. You can refuse the use of cookies by selecting the appropriate settings on your browser software. You can also prevent the data generated by the cookie and related to your use of the website to Google and the processing of these data by Google, by downloading the available browser plug-in available at the following link (https://tools.google.com/dlpage/gaoptout/). To learn more about the commitment of Google Analytics towards data privacy, you may visit https://support.google.com/analytics/answer/6004245?hl=en.

USE OF PERSONAL INFORMATION

We shall use the Personal Information in the following cases: (i) to provide User with the services and to assist the User in the event the User needs any additional support; (ii) for creation or development of business intelligence or data analytics (iii) to improve Kapittx and Services provided to the Users; (iv) to maintain and manage User Account; (v) to assist User with technical difficulties that may arise in relation to User’s use and access of the Website or using the Services;(vi) to communicate with the User’s customers in relation to invoices (vii) to manage our relationship with User; (viii) for internal record keeping; (ix) to comply with our legal or statutory obligations; and (x) to provide you information that we may believe may be of your interest.

COOKIES

Our Website uses “cookies” to enhance User experience. A cookie is a small file which asks permission to be placed on User’s hard drive. Once User agrees, the file is added, and the cookie helps analyze web traffic or lets us know when User visits a particular site. Cookies allow the Website to respond to User as an individual. The Website can tailor its operations to User’s needs, likes and dislikes by gathering and remembering information about User’s preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our Website in order to tailor it to User’s needs. We only use this information for statistical analysis purposes and then the data is removed from the systems. Overall, cookies help us provide User with a better platform, by enabling us to monitor which pages User find useful and which User do not. A cookie in no way gives us access to User’s electronic device or any information about User, other than the data User chooses to share with us. Use of cookies may also allow us to automate entry into password-protected portions of our Website, so that User will not need to re-enter User’s password each time User visit the Website. Cookies alone do not personally identify User; they are designed to recognize User’s web browser. However, if User has provided us with Personal Information, such as through completion of a web form, cookies may be linked to User’s Personal Information, such as User’s e-mail address or password. By using the Website, User signify User’s consent to our use of the cookies.

Our Website may contain links to other websites of User’s interest. However, once Users have used these Websites through our Website, User should note that we do not have any control over such other Website. Therefore, we cannot be responsible for the protection and privacy of any information which User provide whilst visiting such Website and those are not governed by this Privacy Policy. User should exercise caution and look at the privacy policy applicable to such website.

DISLCOSURES

In course of providing services to you or access to the Website we may share your Personal Information to certain parties (for consideration or otherwise). Accordingly, you expressly give your free consent to us to disclose or share your Personal Information in the following cases:

Administrators: We may provide access to User’s Personal information to any of our authorized administrators for an internal business purpose, who shall be under confidentiality obligations towards the same.

Affiliates & Business Partners: We may share User’s Personal Information with our Affiliates / business partners, for providing you additional/ better services.

Service Providers: We may share User’s Personal Information to the service providers which may include marketing partners, who are working with us in connection with the operation of the Website, so long as such service providers are subject to confidentiality restrictions consistent with this Privacy Policy.

Merger or Acquisition: We may transfer User’s Personal Information if we are acquired by/we acquire or merge with another company or transfer a part of our business, including the Website, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use User’s Personal Information. In the event of such a sale or transfer, we may notify the Users.

Legal and Regulatory Authorities: We may be required to disclose User’s Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose User’s Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose User’s Personal Information to (a) law enforcement officers or others; (b) to comply with a judicial proceeding, court order, or legal process served on us or the Website; (c) to enforce or apply this Privacy Policy or our other policies or agreements;(d) respond to claims that any Personal Information violates the rights of third-parties; (e) or protect the rights, property, or personal safety of the Company, or the general public. User agree and acknowledge that we may not inform User prior to or after disclosures made according to this section.

Notwithstanding anything mentioned hereinabove, the Company shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall the Company be responsible and/or liable for any additional information User may choose to provide directly to any third party.

DATA RETENTION

We will retain User’s Personal Information as long as it is required to be retained till the time User uses Kapittx and for the purpose of provision of Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Subject to this section, we will try to delete User’s Personal Information upon reasonable written request for the same. Please note, however, that there might be latency in deleting Personal Information from our servers and backed-up versions might exist even after deletion.

SECURITY

User’s Personal Information is stored on our database which are either hosted on the private cloud or public cloud. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liability or responsibility for it. Users are required to be careful to avoid “phishing” scams, where someone may send User an e-mail that looks like it is from the Company asking for User’s personal information.

User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is User’s responsibility to keep User’s password confidential and secure.

ACCESSING AND MODIFYING PERSONAL INFORMATION

In case User needs to access, review, and/or make changes to the Personal Information, User may do so on User Account. User shall keep User’s Personal Information updated to help us improve our services. If User updates, modifies or corrects his Personal Information, we may continue to keep copies of the Personal Information prior to such update, modification or correction for uses provided for in this Privacy Policy. We shall not verify any such modifications or corrections made by the User. User shall be solely liable for such modifications or corrections.

INDEMNIFICATION

User agrees to indemnify us, our subsidiaries, affiliates, officers, agents and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to: (i) accuracy and correctness of Personal Information and contents that User submits or shares through the Website; (ii) User’s violation of this Privacy Policy, (iii) or User’s violation of rights of another person or entity.

LIMITATION OF LIABILITY

USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

GOVERNING LAWS AND DISPUTES

This Privacy Policy shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between the User and the Company shall be submitted to arbitration to be conducted in Pune, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be appointed by the Company and the award made in pursuance thereof shall be binding on the Users and the Company. The dispute resolution and arbitration process mentioned in this section shall not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that the courts in Pune, India shall have an exclusive jurisdiction over such disputes.

CHANGES TO THIS POLICY

We may update this Privacy Policy without notice to User. Users are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it.

This Privacy Policy was last modified on January 2020.

CONTACT US

If User has any question, concern or grievance regarding this Privacy Policy, User can email us at our grievance email-address support@kapittx.com