These Terms and Conditions (“Terms” or “Agreement”) constitute a legally binding agreement between Ally Blocksecure Media Pvt. Ltd., a company incorporated under the Companies Act, 2013, having its registered office at 3C-702, Pama Arcade, 1st block, HRBR layout, Kalyan Nagar, Bengaluru, Karnataka, India 560043 (“Ally”, “Company”, “we”, “us”, or “our”) and you, individually on your own behalf and collectively on behalf of any corporate entity you are authorized to represent (“User”, “Client”, or “you”).
The Client and Ally are collectively referred to as the "Parties" and individually as a "Party".
Ally Blocksecure Media Pvt. Ltd. operates CACZero (the “Platform” or “Service”), a Micro Distribution Platform providing enterprise Software-as-a-Service (“SaaS”) solutions for businesses to manage referral, loyalty, and reward programs.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By accessing or using the CACZero website, software, application or Service, you signify that you have read, understand, and agree to be bound by these Terms, our Privacy Policy, and any other policies notified on the Platform.
IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PART THEREOF, YOU MUST NOT ACCESS OR USE THE SERVICES.
Your privacy is important to us. Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and process information about you, in accordance with the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023. By accessing or using the Service, you consent to the processing of your data as described therein.
You must be at least eighteen (18) years of age to use the Service. In accordance with the Indian Contract Act, 1872, you must be "competent to contract" to use the Service. By accessing or using the Service, you are agreeing to these Terms, and you also represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into this Agreement.
CACZero provides a SaaS-based platform that allows Clients to:
Registration: Access to certain features of the Service may require you to register for an account. You agree to provide current, true, accurate, and complete information during registration. Providing false or misleading information constitutes a material breach of these Terms.
Security: You are solely responsible for maintaining the confidentiality of your login credentials (including OTPs). You agree to notify us immediately of any unauthorized use of your account.
Responsibility: You accept full responsibility for all activities and transactions that occur under your account.
Ally shall have the right to terminate or suspend your access to the Service at any time and without notice, in the event of an actual breach or where Ally reasonably believes a breach of these Terms has occurred.
Subject to your compliance with these Terms, Ally grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for the prescribed purposes, as applicable based on your Subscription Plan.
You agree not to use the Service:
You agree not to host, display, upload, modify, publish, transmit, store, update, or share any information that:
Responsibility: You retain all rights, and are solely responsible for, your User Content.
License Grant: You grant Ally a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your User Content in any existing or future media solely for the purposes of operating, promoting, and improving the Service.
Representations and Warranties: You represent and warrant that your User Content:
Monitoring and Removal: Ally reserves the right, but is under no obligation, to monitor, edit, and/or remove any User Content submitted to, stored on, or published via the Service in its sole discretion. Ally does not undertake to monitor the submission or publication of all User Content.
You acknowledge and agree that Ally owns, retains, and reserves all right, title, and interest in and to the Platform and Service. This includes, without limitation, all Intellectual Property Rights which subsist in the software, source code, object code, algorithms, Documentation, Service deliverables, and any related underlying technology. Ownership further extends to any and all derivative works, modifications, enhancements, customizations, or improvements of the foregoing (excluding User Content), whether developed by Ally or suggested by you. You acknowledge that no ownership rights are being conveyed to you under this Agreement, and your use of the Service does not grant you any rights to Ally’s trademarks, logos, or brand features.
You must not and must not allow any third party to:
Subscription Plans: CACZero offers various different subscription plans (each a “Subscription Plan” or a “Subscription”) for the Service, each providing a specific duration of access to the Service during the “Subscription Term.” Your specific Subscription and its terms (“Subscription Terms and Conditions”) are selected during account registration or upgrade, or, at the backend in the event of a sales conversion. Information about our Subscription Plans can be found in the billing section of your account.
Fees and Payment: All fees are as set forth in the applicable Subscription Plan and will be subject to the applicable payment terms set forth in the applicable Subscription Plan. Except as expressly set forth anywhere in this Agreement, all fees are non-refundable. You are required to pay any taxes or levies, whether domestic or foreign, other than taxes based on the income of CACZero. You must make all payments of Fees without any setoffs, withholdings, or deduction of any kind. Any late payments may be subject to a service charge.
Suspension of Service: In addition to any of CACZero’s other rights or remedies (including but not limited to any termination rights), CACZero reserves the right to suspend access to the Service if: (i) Your account is thirty (30) days or more overdue; (ii) CACZero determines that You have breached the Terms; or (iii) CACZero determines that suspension is necessary to prevent harm or liability to others or third parties, or to preserve the security, stability, availability or integrity of the Service. CACZero will have no liability for taking action as permitted above in this section.
If You receive free access or a trial or evaluation subscription to Service (“Trial Subscription”), then You may use the Service in accordance with the terms and conditions of this Agreement for a period granted by CACZero (the “Trial Period”). Trial Subscriptions are permitted solely to You to determine whether to purchase a paid subscription to the Service. Certain Trial Subscriptions may include pre-release and beta services or components (“Beta Releases”). Trial Subscriptions may not include all functionality and features accessible as part of a paid Subscription. If you do not enter into a paid Subscription Term, this Agreement and Your right to access and use the Service will terminate at the end of the Trial Period. CACZero has the right to terminate a Trial Subscription at any time for any reason.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CACZERO WILL HAVE NO WARRANTY, INDEMNITY, DATA ARCHIVING, SERVICE LEVEL, OR SUPPORT OBLIGATIONS WITH RESPECT TO TRIAL SUBSCRIPTIONS, AND IF CUSTOMER HAS A TRIAL SUBSCRIPTION, IT WAIVES ALL CLAIMS (defined above) AGAINST CACZERO ARISING OUT OF THE TRIAL SUBSCRIPTION, THE USE OF THE SERVICE, AND THIS AGREEMENT.
You may cancel your Subscription at any time through your CACZero admin panel or by sending an email to [email protected] from the email address associated with the account owner. Cancellation becomes effective at the end of the then-current Subscription Term. You must fulfill all of the payments of the Subscription Term. No pro-rata refunds are provided for cancellations mid-Subscription term.
Term: This Agreement is effective as of the date you first access the Service and expires on the date of expiration or termination of all Subscription Terms.
Termination by User: You may stop using the Services at any time by canceling your subscription.
Termination by Ally: We may suspend or terminate your access to the Platform at our discretion, without notice, if you breach these Terms or if we believe your actions may cause legal liability for us or other users.
Effect of Termination: Upon termination, your right to use the Services will immediately cease. We will handle your data in accordance with our data retention policy.
To the maximum extent permitted by law, Ally shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. In no event shall our total liability for all claims related to the Services exceed the total amount paid by you to Ally in the six (6) months preceding the claim.
The Services are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, whether express or implied. We do not guarantee that the Platform will be uninterrupted, error-free, or completely secure.
You agree to indemnify, defend, and hold harmless Ally, its directors, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, penalties, fines, and expenses arising out of or related to: (a) your breach of this Agreement; (b) your User Content; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any fraudulent or illegal activity conducted through your account by you or your End-Users. Ally reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Ally in asserting any available defenses.
All notices, requests, and other communications hereunder shall be in writing. Ally may provide notice to you via the email address associated with your account. Notice shall be deemed given after email is sent, with documentary evidence of transmission and no notice of delivery failure received within twenty-four (24) hours. You must provide notice to Ally via email at [email protected]
These Terms, together with Subscription Terms & Conditions (if applicable) and Privacy Policy, constitute the entire agreement between you and Ally in relation to your use of the Service, and supersede all previous discussions, understandings, communications, representations, or agreements, if any, whether written or oral, with respect to your use of the Service.
No failure or delay by Ally in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof. Any waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other provision. A waiver is only effective if it is in writing and signed by an authorized representative of Ally.
You may not sublicense, assign, or transfer any of your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Ally. Ally may freely assign or transfer this Agreement, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.
Ally shall not be liable for any delay or failure to perform, any of its obligations under this Agreement resulting from causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or failures of public infrastructure, telecommunications, or internet service providers. In such circumstances, the affected party shall be entitled to a reasonable extension of time for performing such obligations.
Any clauses that explicitly or implicitly may survive, shall survive the termination or expiry of this Agreement.
This Agreement is for the sole benefit of the parties hereto. No third party shall have any right to enforce the provisions of this Agreement. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity (including but not limited to your End-Users or Micro Distributors) any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
If any provision of this Agreement is held by a court or other competent authority to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Agreement will continue in full force and effect.
These Terms are governed by and construed in accordance with the Laws of India. Any legal action or proceeding arising under these Terms, the Courts of Mumbai, India, shall have the exclusive jurisdiction.
Negotiation: The Parties shall first attempt to resolve any dispute arising out of or in connection with this Agreement through good-faith negotiations, within thirty (30) days of a written Notice of Dispute ("Dispute Notice") served by either Party to the other.
Arbitration: If any dispute remains unresolved at the expiry of 30 days, it shall be finally resolved by binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended. A sole arbitrator shall be mutually appointed by the Parties within fifteen (15) days of the referral to arbitration. The seat and venue of arbitration shall be Mumbai, Maharashtra, India. The language of the proceedings shall be English. The arbitral award shall be final and binding on both Parties.
Continuation of Services: Unless this Agreement has been terminated, both Parties shall continue to perform their respective obligations during the pendency of any dispute resolution proceedings.
If you have any questions, concerns, or grievances regarding these Terms or Privacy Policy, please contact our designated Grievance Officer:
Grievance Officer Details:
Name: Arvind Sreenivas
Designation: Grievance Officer
Email: [email protected]
We will acknowledge your grievance within the timeline prescribed by applicable laws. If you are not satisfied with our response, you have the right to lodge a complaint with the Data Protection Board of India.
We reserve the right to modify these Terms at any time. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.