For the purposes of this Agreement, the term 'The Dear Society, 'Company'. The term 'You' or 'Customer' refers to you or your representatives. These terms and conditions ("Terms") govern the provision of the Company's services to You.

Refund and Cancellation Policy

1. Amount once paid through the payment gateway shall not be refunded other than in the following circumstances:
   • Multiple times debiting of Customer’s Card/Bank Account due to technical error OR Customer's account being debited with excess amount in a single transaction due to technical error. In such cases, excess amount excluding Payment Gateway charges would be refunded to the Customer.
2. Due to technical error, payment being charged on the Customer’s Card/Bank Account. However, if in such cases, Customer wishes to seek refund of the amount, he/she would be refunded net the amount, after deduction of Payment Gateway charges or any other charges.
3. The Customer will have to make the refund request through Dear Society Mobile App. Concerned Co-operative Society managing committee will receive such request application for refund along with the transaction number and original payment receipt if any generated at the time of making payments. The application will be processed manually and after verification, if the claim is found valid
4. Company assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
   1. If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, and invalid and delayed.
   2. If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
   3. If the funds available in the Payment Account are under any encumbrance or charge.
   4. If your Bank or the NCC refuses or delays honoring the Payment Instruction(s)
   5. Circumstances beyond the control of Company (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)
   6. In case the payment is not effected for any reason, you will be intimated about the failed payment by an e-mail
5. User agrees that Company, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate his/her account (or any part thereof) or use of the Services and remove and discard all or any part of his/her account, user profile, or his/her recipient profile, at any time. Company may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. User agrees that any termination of his /her access to the Services or any account he/she may have or portion thereof may be effected without prior notice, and also agrees that Company will not be liable to user or any third party for any such termination. Any suspected, fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. Upon termination for any reason, user agrees to immediately stop using the Services.

Service of the Company

• The Company offers You a technology platform which facilitates safety and security of apartment complexes/gated enclaves by deploying its proprietary software ("Service"). The Customer agrees that the Service of the Company will include all services detailed in Annexure A.
• The Customer hereby engages the Company to provide the Services, and the Company herein accepts the engagement to provide the Services to the Customer, subject to the terms and conditions of this Agreement.
• Subject to this Agreement and in consideration of the payment as more fully set forth in Subscription and Payment Details Form of this Agreement, the Company grants and the Customer accepts a limited, non-exclusive, non-transferable and revocable license to use the Services developed by the Company. The Customer agrees that this license does not permit the Customer to sub-license, or otherwise transfer, assign, or rent the Services to any other third party.
• Further to this engagement, the Company shall provide you with mobile devices integrated with the Service, along with the Sim Card in the name of the Company to operate the mo- bile devices and battery of the mobile devices with the charger (collectively the "Devices").
• The Customer is responsible for the upkeep and maintenance of the Devices handed over by Us. You agree and undertake that once the Device has been handed over to the Cus- tomer, the Customer shall be liable for the Device and shall not damage or lose the Device. In the event that the Device is not working properly, lost or stolen, please contact the Company at the earliest.
• During the term of the Agreement, if there is any manufacturing defect in the Device, the Company shall be responsible for replacement of such Device without any additional cost to the Customer. In the event of any loss of the Device, damage caused to the Device, theft of the Device, or for any other reason not attributable to a manufacturing defect of the Device, the cost of replacement of the Device not exceeding 12,000 INR is to be borne by the Customer.
• We may also facilitate the provision of SIM cards for the Devices. The Customer is respon- sible and takes custody of the sim cards, and shall be liable for the same. In the event that the Company provides any such sim cards, the Company will pay for the monthly billing associated with the SIM card. You agree that the Company will not be liable for the usage of the SIM card for any other purpose except as per designated use in the Device. The Company shall have no liability in case of any unlawful act / use of the SIM card or the mobile number or the Device while in Your possession and You agree to indemnify Us against any such losses. In the event of any unlawful use of the SIM card, should You con- duct an investigation, We will use commercially reasonable efforts to assist you in such investigation.
• We may also facilitate the provision of internet broadband/Wi-fi connectivity at the entry point of Your premises for smooth operations of the Devices. In the event that the Compa- ny provides any such broadband / Wifi connectivity, We or You may have to pay for month- ly billing based on mutual consent. You agree that the Company will not be liable for the usage of the internet / Wifi connectivity for any other purpose except as per designated use in the Device/s.
• You must be aware that the SIM cards, Devices, internet broadband or Wi-fi connectivity or any other services are facilitated by third party service providers. All of such services will be subject to terms and conditions of such third party service providers.
• You acknowledge and agree that for the Company to provide its Services, you may share the information of all the residents of Your apartment complex/gated enclave ("Resi- dents") subject to requisite consents from the Residents as per applicable laws. You fur- ther undertake to indemnify Us for any loss or damages on account of Your failure to comply with the provisions of this Agreement. Responsibility
• You shall not use Our Service to commit, aid, support or conceal any fraudulent, criminal, illegal, prohibited or objectionable activity whatsoever.
• If any on-field training services and support services are provided to You or Your officers / agents, You shall ensure that You or Your officers / agents do not misbehave with or ill- treat the training and support staff deputed by the Company at Your Premises.
• You shall in all circumstances accept full responsibility for the use of Your online account with the Company, whether or not processed with Your knowledge or authority, expressed or implied.
• You will have access to sensitive information and shall be liable for any consequences of intentional or inadvertent sharing of personal or sensitive information. Any unlawful or any unauthorised use of the said data of the Resident's by You shall be Your responsibility and the Company shall have no liability in this regard.
• You further understand and agree that as part of the Services to be provided by the Com- pany, the Residents will also share certain data and information directly on the The Dear Society mobile application. The Company may share such Resident's data with You further to this engagement via the dashboard platform provided to You. Once the Resident's data has been shared with You further to this engagement, You shall be responsible for the storage, safety and use of the said data.
• You further understand and agree that use of the said data and information by Us will strictly be as per the Privacy Policy.
• You agree that the Device, sim card, Board Band/Wi-Fi service, or any other accessories, services, and/or ancillaries, will only be used to avail the Service of the Company. The Company shall not be liable if the Device and/or sim cards or the Wifi / broadband inter- net connectivity provided by the Company are used for any other purpose.

Fee

• The annual, quarterly, and/or monthly fee payable to the Company is as set forth in the Form (Subscription and Payment Details).
• The Company shall raise an invoice and the Customer shall be liable to pay such amounts as specified in the invoice within 20 (Twenty) business days from the date of receipt of the invoice. If the invoice has not been paid within the aforesaid time period, then the Cus- tomer shall be liable to pay 24% annualised interest on any due and payable amounts by the Customer.
• The Company agrees that the service charges are inclusive of costs which are to be borne exclusively by the Company including all statutory payments under any applicable law(s).
• In case You choose to pay the Subscription Fee in advance and then terminate the Agree- ment as per the terms of Clause 9 of these Terms, We wll refund the Subscription Fee for the un-utilized portion of the Services.
• The Customer shall deduct TDS at applicable rates on all payments made to the Company, if applicable.
• Company will have the right to suspend the Services at any time for non-payment of Sub- scription Fee for a continuous period of 3 (three) months by You.
• Amendment to the Fees can be done in following scenarios (1) Customer agrees in writing to increase or decrease the number of Devices at rate mutually agreed by the Parties (2) On completion of 1 (One) year from Subscription date, the Company can introduce an escalation on the fees based on mutual agreement on the Parties.

Disclaimer

• The Company is a technology platform and only provides a limited, non-exclusive, non- transferable and revocable license to You to use its proprietary solution to facilitate safety and security in gated communities. You shall only use Our Services for the purposes specified herein and for no other unlawful purpose.
• Please note, all Services provided by the Company and all the material related to the plan with the Company are provided on an "AS IS" and on "AS AVAILABLE" basis without any representation or warranties, express or implied except otherwise specified in writing by the Company.
• The Company may at its sole discretion deploy any mechanism on its platforms (website and mobile application) that it deems fit to detect, prevent, deter, mitigate and expose fraudulent behaviour or any suspicious activity.
• The Customer explicitly agrees that nothing in these Terms or communicated to the Cus- tomer during the term of this engagement with the Company (either in writing or orally) shall constitute advice of any kind.
• The Company will undertake security practices, where applicable, as per the industry standards and applicable laws.
• The Company shall not be liable for any unanticipated or unscheduled down time of all or a portion of the Services provided to the Customer, or for any interruptions in the Service beyond the control of the Company. The Company will however keep You informed in such cases and make best effort to resume impacted Services as early as possible.
• The Company shall not be responsible for actions of information sharing by the Customer or its Residents. The Customer shall be solely responsible and liable for obtaining the req- uisite permissions from its Residents to share their respective information with the Company.
• You acknowledge and agree that the Company shall not be held responsible or liable for theft, security breach, or any other unusual or illegal activity that occurs in the premises of the apartment complex /gated complex, as the Company is merely a technology platform.
• You acknowledge and agree that the Company is not responsible for the behaviour or ac- tion of any personnel, visitors, residents, their guests in the premises of the Customer.
• The Customer shall contact the respective law enforcement agencies for any such unusual or illegal activity. Should the assistance of the Company be required in any investigation, the Company will provide all cooperation to the extent reasonably possible.
• The Company warrant that the Services shall be performed in accordance with the Func- tionality listed in Annexure A, and the functionality of the Services will not be decreased during a subscription term, without prior notification to the Customer from the Company.

Privacy and Confidential Information

• You undertake that neither You nor Your authorised personnel or representative shall, dur- ing the period of the Subscription or at any time thereafter, use or disclose to anyone, any information relating to the business or affairs or intellectual rights of the Company or the Services or the Device which You may be exposed to or may receive during the course of any Services provided under these Terms.
• The Parties agree that each Resident shall be bound by the terms and conditions and pri- vacy policy of the Company.
• The Company agrees that the collection and usage of any and all information provided by You and/or Your Residents will be governed by the privacy policy of the Company, https://dearsociety.in/privacypolicy.php. Any revision to the privacy policy of the Company will be intimat- ed to you, in writing. In the event that the amendments to the privacy policy are not ac- ceptable to the Customer, the Customer can invoke the Termination provision, i.e., Clause 9 of this Agreement.

Intellectual Property Rights

• The Customer acknowledges that ownership of all title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in the Software including but not limited to the source code that is used for the operation of the Software shall continue to vest and remain with the Company at all times ("Company's Intellectual Property"). The Customer acquires only the limited right to use the Compa- ny's Intellectual Property under the terms and conditions of this Agreement and does not acquire any ownership rights or title in the Company's Intellectual Property, either express or implied. The Customer will not in any way contest the Company's Intellectual Property, nor apply for any registration of any copyright, patent or trademark or other designation, or take any action that would affect the Company's ownership of its intellectual property or aid or abet anyone else in doing so.
• In the event that any claim is made against the Company as a result of the misuse/unau-thorized use/infringement of Company's Software/Company's Intellectual Property by the Customer, the Customer shall indemnify the Company in this regard.
• The Customer shall not remove, or tamper with or alter any logo, any proprietary, copy-right, trademark or service mark, identification mark of the Company from the Software.
• The Customer shall not copy, translate, reverse engineer, decompile or disassemble, or transfer the Company's Intellectual Property for any reason whatsoever or attempt to modify, or create a derivative work of any part of the Software.
• During the term of this Agreement, each Party shall have the right to use the other Party's trademarks, trade names, or logos solely in connection with this Agreement.

Indemnity

• The Company hereby undertakes to indemnify the Customer against all direct claims, ac- tually incurred damages and losses, and reasonable costs and expenses, arising directly as a consequence of any claim brought by a third party that the Company Intellectual Proper- ty infringes upon intellectual property rights owned or controlled by such third party.
• The Customer agrees that it shall indemnify and hold harmless the Company, its sub- sidiaries, affiliates and their respective officers, directors, agents and employees, from any direct claim, loss, or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising directly out of your breach of the Terms or any document incorporated by reference, or violation of any law, rules, regula- tions or the rights of a third party or for unlawful use or sharing of any Service / Device / Resident's data or any part thereof.
• The Customer hereby expressly releases the Company or any of its affiliates or officers and representatives from any cost, loss, damage, liability or other consequence of any of the actions/inactions of the member of the Customer/any other Company and specifically waive any claims or demands that Customer may have in this behalf under any statute, contract or otherwise. Limitation of Liability 8.
• Neither Party nor any of its directors, employees, representatives, agents, licensors or subsidiaries will be liable for damages including without limitation indirect, incidental, punitive, and consequential damages, arising out of or in connection with this Agreement.
• The Customer undertakes that the Company shall not be liable for any injury or loss caused to any person, property, material or human life that takes place due to any accident, inci- dent, etc., at the Customer premises.
• Subject to applicable laws, in no event will either Party or its directors, employees, repre- sentative, agents, licensors or subsidiaries aggregate liability arising from or related to the Services shall exceed the payments actually received by the Company pursuant to services rendered under this Agreement.

Termination

• These Terms shall stand commence from the Subscription Start Date and shall continue unless otherwise terminated as per the terms of this Clause subject to payment of Sub- scription Fee as detailed above.
• Either Party may terminate this engagement with prior notice of 30 (thirty) days provided however the Company shall be entitled to payment of Subscription Fee until the effective date of termination.
• Either Party shall have the power to terminate this engagement with immediate effect in the event of a breach of any of the provisions of this Agreement by the other Party or by any person acting through the other Party, provided that such breach is not cured within 10 (Ten) Business Days from date of notice from the non-breaching Party.
• Each Party may terminate this Agreement forthwith by way of a written notice in the event of breach of any applicable laws.

Consequences of Termination

• The Customer shall pay in full all amounts owed to the Company, immediately upon termi- nation or expiration of this Agreement.
• The Customer shall immediately cease use of the Company's Intellectual Property and shall irretrievably delete and/or remove any connected software from all servers, computer terminals, workstations, data files and sites.
• You shall return the Devices to the Company, along with any other information of the Com- pany, data of the Company or services of the Company available with You. It is however clarified that any information reports downloaded by the Customer via the platform pro- vided by the Company, during the term of the Agreement, need not be returned to the Company at the time of termination of this Agreement.
• Within a period of 30 (thirty) days from the date of termination of the Agreement, and upon receipt of a formal written request from the Customer, individually identifiable data of the Residents may be shared with the Customer in a csv format, and deleted from the servers of the Company. After such 30 (thirty) day period from the date of termination of the Agreement, the Company shall have no obligation to provide any data to the Customer. The Customer agrees that the Company may retain information and data in an encrypted format for legal, statutory, and regulatory compliance purposes.

Grievance Redressal

• The Company shall provide and be responsible for the customer service with respect to the Services provided by the Company only. The Customer further agrees that the Customer will contact the Company directly if the Customer has any queries or clarifications regard- ing the Services.
• The Customer may call the appointed Account Manager at any time, or the Customer may write to us at support@dearsociety.in, for any grievance that the Customer may have with re- spect to the Service provided by the Company.
• If for any reason there is disruption of Services due to Devices or Sim Card not being oper- ational, the Company will aim to provide resolution of the matter within a period of 4 (Four) hours from time of occurrence and being informed by the Customer on e-mail speci- fied above. The Customer shall to the best extent possible, be kept informed of the progress of the redressal process, and/or reasons for delay, if any.
• In the event the Company fails to rectify the Services within 4 (Four) hours, the Company shall notify the Customer, and if such failure persists beyond reasonable period then the Customer can invoke the Termination provision, i.e., Clause 9 of this Agreement.
• The Customer acknowledges that the Customer shall be bound by applicable law during the term of this arrangement between the Customer and Company. In the event that there is any change in the existing law which may affect the Terms/Service, the Company may re- vise to such extent the Terms/Service. The Customer further agrees that if the Company believes that the Customer is in contravention of any applicable law, the Company may immediately terminate this arrangement with the Customer and stop providing its Services to the Customer.
• The Company reserves the right at any time to modify, edit, delete, suspend or discontin- ue, temporarily or permanently the Terms and/or Service with notice to the Customer, f including any suspected unlawful use of the Devices/Services. Any amendment/suspension to the will be intimated to You, in writing. In the event that the amendment/suspension is not acceptable to the Customer, the Customer can invoke the Termination provision, i.e., Clause 9 of this Agreement
• This Agreement shall constitute the entire agreement between the Customer and the Company, superseding any prior agreements between the Customer and the Company.
• The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
• This Customer Form and Terms will be governed by the laws of India. Customer agrees to submit to the exclusive jurisdiction of the courts at Bangalore, India.