Our Terms of Services

ACTouch Cloud ERP Terms of Services

Thank you for choosing ACTouch Cloud ERP Software from ACTouch Technologies Pvt Ltd, India

This is an agreement between you (Client / Company / Users) and ACTouch Technologies Pvt Ltd and its wholly owned subsidiaries. Before using the Service, read these Terms of Services, all rules and policies related to the Service (including any service plan specific rules, usage restrictions and other conditions or procedures that we post or update on or through the Service or on www.actouch.com)

In all our agreements the use of product names (including but not limited to ACTouch, ACTouch.com, ACTouch POS, All in One (AIO), Quick Access, Trusted Partners (TP), Franchisee Module (FM) or other product or service names listed on our website at www.actouch.com) refer to the company AcTouch Technologies Pvt Ltd, India and its wholly owned subsidiaries.

These Terms of Service together with ACTouch Technologies Pvt Ltd and its wholly owned subsidiaries (“ACTouch.com”, “we”) Privacy Statement (collectively the “Terms”) govern your Purchase of Services / Solutions via telephone, e-mail, or this Web site (“Site”). If you do not agree to these terms and conditions, you may not purchase our services / solutions nor use this Site.

Here at ACTouch.com we are very serious about providing great services to you and your business that improve your Life, Transactions are safe, reliable and constantly improving.

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Basic Terms and Conditions

1. com provides Services to Subscribers whose principal place of business is India, Singapore, Malaysia, Philippines and other countries as specified by you during registration, subject to our verification.
2. You accept that we will, from time to time, alter information in the web site which contains pricing, market information, and/or product specifications, and that these product offerings may not be relevant, suitable or available in your country.
3. Any notice made by ACTouch.com to you shall be deemed properly given and effective: (i) when reduced to writing and sent to the email address we have for you on record, OR (ii) Ten (10) days after being posted to the portion of AcTouch.com’s websites that relates to the AcTouch.com Partners.
4. If there are changes to Financial Charges then they will be effective at least 14 days from posting of such information. Use of the service after that date constitutes acceptance of the amended Terms of Service.
5. These Terms of Service supersede prior agreements that we might have.
6. You accept that features and functions may differ between countries and that features designed for one country may not be suitable for another Countries.
7. You accept that we may log off (also referred to as sign off or sign out) users who have been inactive for a reasonable period of time as per the discretion of ACTouch.com or for the purposes of conducting reasonable system maintenance and repairs.
8. You accept that we reserve the right to disable or change features of the service if those features are infrequently used by our users or at our discretion.
9. The laws of India govern these Terms of Service, and all parties submit to the non-exclusive jurisdiction of the courts of India. Venue for any dispute under this Agreement shall be India

Subscribing and Registration to the services.

1. You may Subscribe to ACTouch.com Services by using the ACTouch.com website sign up / registration page.
2. You agree to:

(a) provide true, accurate, current and complete information about yourself as prompted when you create an account and

(b) to maintain and update this information to keep it true, accurate, current and complete.

3. If any information provided by you is untrue, inaccurate, not current or incomplete, AcTouch.com has the right to terminate your account and refuse any and all current or future use of the Site and your purchase of Supplies.
4. We may suspend or terminate your account and refuse use of Services if you are deemed to be abusive (including using language that is deemed to be abusive to staff, such deeming shall be at the sole discretion of ACTouch.com).
5. As a PAID customer, you will be entitled to keep 48 months data from the date of registration. Post that period, the monthly data would be purged such that at any point of time, you will not have more than 48 months of data. However, if required, you can buy the extension of Data Retention.
6. If you move from a PAID user to FREE user, you will lose all the transactional data as per the prevailing rules of terms and conditions while maintaining only one user and data retention period of 15 months
7. The User undertakes that if any wrongful use or misuse of the system is noticed by the User or any other person authorized by the Company it shall be the responsibility of the User to bring the same to the notice of ACTouch.com forthwith and the User shall also co-operate with us in the event of us giving any alert about such wrongful use or misuse of ACTouch.com Service.
8. ACTouch Technologies Pvt Ltd shall not be liable for any (including Business, Financial, but not limited to) loss to the User / Corporate may suffer due to acts of omission and commission or wrong business decisions by the users of the corporate by using ACTouch.com.

Information Confidentiality and password policy.

1. You are free to choose a Password of your choice as per the guidelines on the site. However, you agree to avoid choosing a password that is guessable / inferable from personal data such as name, date of birth, address, telephone number, driving license / car number etc.
2. You agree that when subscribing you will select a secure password of minimum size of 8 characters long that contains at least one letter, one number and one special character or as per the password policy set by ACTouch.com.
3. You agree to select a Passcode of minimum 8 or more characters that contains one letter and one number. You (ACAdmin) will not share the one user’s passcode with another user’s for confidentiality.
4. You accept responsibility for maintaining confidentiality of any password and other access information used by yourself and your authorised users who have Access Authority.
5. You acknowledge that the Internet is an open system and ACTouch.com cannot and does not warrant or guarantee that third parties cannot intercept your information.
6. You shall ensure that ACAdmin and his users under your Subscription have adequate access given to them while they are paid up in full for the subscription cost of that file.
7. In the interest of customer safety, the system does not permit retrieval of a lost or forgotten Password. In case the User forgets his Password, he has to request for a duplicate password and a fresh Password will be issued to him.
8. The User will not attempt or permit others to attempt accessing ACTouch.com Service through any unlawful means.

You own your Regulatory Responsibilities and Obligations.

1. Your Regulatory Responsibilities will vary from country to country and it’s your responsibility to identify and comply.
2. You accept that ACTouch.com may not comply, support, update or be registered for requirements specified by tax and regulatory authorities of countries we sell our Services in.
3. You are responsible for the remittance of Taxation Returns and other Government lodgements and forms for you and/or for your organisation.
4. You agree to check information reported by our Services before using the information to prepare your accounts, tax returns and other regulatory, banking or legal reporting requirements.

License, Proprietary and Confidential Information

1. We grant you a non-transferable, non-exclusive and terminable right licence to use the Services under these Terms.
2. You agree that title and ownership of the Services remain with us, ACTouch.com.
3. You agree not to copy (or allow a third party to copy), modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile the Software, or any other action to allow its whole or partial re-use by the Subscriber or others.
4. Title and ownership of financial data entered by the Subscriber, or those with Authorised Access to this data, remains with the Subscriber. ACTouch.com doesn’t have any controls or access to these data.
5. You are licenced for the number of users specified in the subscription plan to which you are a subscriber.
6. You agree that the Licence in this agreement is effective until suspended or terminated by us or by ceasing subscription payments.
7. You agree that payment for your subscription is due in advance of the next Subscription expiry date.
8. In the event you choose to end your subscription service, you agree to export /copy your data and store it separately.
9. You agree to indemnify, defend, and hold harmless ACTouch.com from and against any and all claims, proceedings, damages, liability and costs (including reasonable solicitors fees) incurred by ACTouch.com as a result of any claim arising from your violation of the Terms, State or Commonwealth law or regulations, or any third party’s rights including but not limited to infringement of copyright, violation of any proprietary right and invasion of privacy rights.
10. We presuppose, and the same is acknowledged by you, that log-in using appropriate Username and Password is a valid session initiated by none other than the User to whom the said Username and Password belongs. We shall rely upon all electronic communications, orders or messages to AcTouch.com through the internet and AcTouch.com shall take it for granted that the originator of the communication is the User to whom the User ID/Password has been issued.
11. ACTouch.com is not bound to enquire as to whether or not the User has been duly authorized to access the AcTouch.com Service on behalf of the Company by an appropriate or competent authority of the Company. Accordingly, a person using the ACTouch.com Service on behalf of the Company shall be presumed by ACTouch.com to have the authority to have access to the AcTouch.com

Service Plans and Payments

1. Plan Fees: If you have chosen a paid Service Plan, the price stated does not include the taxes that we may charge (unless other wise indicated separately).
2. If you upgrade your Service Plan, the upgrade will be made effective immediately, we will charge you the applicable fee, and your Service Plan term may be extended, as described at the time you upgrade.
3. You agree to pay all Service Subscription fees that ACTouch.com charges you for the Services when you Register.
4. You also agree to pay all Consulting Service Fees for staff services if any are specifically requested by you and provided by our staff.
5. You agree to pay all foreign, State and Local Government taxes that are applicable to your access, use or receipt of the Service, these will always be disclosed to you clearly in advance.
6. If ACTouch.com are required to collect overdue fees from you, you agree to pay all reasonable costs (including legal fees), if any, incurred by ACTouch.com in collecting those overdue fees from you.
7. If you fail to pay your fees for Services by any Expiry or Due date, ACTouch.com reserves the right to restrict access to your data contents that belong to the unpaid Subscription.
8. You accept that when a Subscription is locked, all users of the affected Entities will be unable to view, edit or add any data. Full access will be restored upon receipt of all accumulated unpaid Subscription fees.
9. You accept that ACTouch.com can transfer any locked Entities out of your subscription to another subscription owned by a Director or Trustee of the organisation that the Entity represents.
10. We reserve the right for any reason to provide direct access to an Entity for organisations Directors and Trustees even if that Entity is in your Subscription.
11. You accept that any voucher, coupon, discount or any other offer used by to pay for a Subscription in lieu of payment can only be used once.
12. Where there isn’t an expiry identified on a voucher, coupon , discount or any other offer it is valid for only 30 days from the date of the offer or notice date.

Disclaimer of Warranties

1. You accept that the Services (including all content, software, functions, and operational hosting services) are provided “as is”, without warranty of any kind.
2. We bear no responsibility for and disclaim all liability for any such inaccuracies, errors, or omissions in the web site and publications and in any other referenced or linked documents.
3. You accept that links to other third-party sites can lead you to Content not under our control or responsibility and thus you accept that using such a third-party site is at your own risk.
4. com expressly disclaims all warranties of any kind, whether express or implied, including without limitation, title, security, accuracy, uninterrupted timely and error free service, errors in software will be corrected, service will meet user requirements, damages or injury caused by any failure of performance, computer virus, communication failure and unauthorised access.
5. Without prejudice to any other provision of this Agreement, ACTouch.com does not warrant to you that the Service will be provided uninterrupted or free from errors or that any identified defect will be corrected; or ACTouch.com will provide any function not set out or described in any associated documentation provided by ACTouch.com.
6. You accept that the inclusion of any link does not imply that AcTouch.com is endorsing or is accepting responsibility for the content, products or services of third-party websites.
7. You agree to obtain professional legal, taxation and/or financial advice rather than rely on Content we provide.

Your content and data

1. We claim no intellectual property rights over the material submitted, posted or displayed via the Subscription Service. However, it may be used in anonymous aggregated form (where it is aggregated in part or full with other subscribers).
2. You accept that by setting any of your Content to be shared publicly that you allow others to view and share your Content.
3. You accept that AcTouch.com does not offer in it’s Services to roll—back, recover or load any data from historical backups or archives. If we do this it is at our discretion and we may charge for this Service.
4. We do not claim that our data management practises (including but not limited to marking data for deletion, permanent data deletion, restoration, backup, indexing, retrieval, archiving, importing, exporting or other data copying, moving or protecting services) are appropriate for you.
5. You accept the responsibility of having your own practices to cover risk associated with our data management where you don’t feel our practices are appropriate for you.
6. You accept that our practices for data management may change at our sole discretion at anytime and without notice.
7. You agree that we may use Communications with you (feedback, praise, criticisms, quotes, correspondence, support conversations and any other interactions with you) in our Content.
8. You agree this material we are permitted to use includes your Internet addresses (as email addresses and web addresses and any other forms including messaging) that you choose to supply us in any way as well as linking to those addresses such as your website from our website and reproducing carefully selected appropriate public material from your website including images, logos, brands and the like from your website on our testimonials website page and also in related places and materials both online and in other forms including directories that we publish. You acknowledge you are not entitled to any payment for use of this material.

Support Service

1. We provide supported plans, which encompasses product use support and technical support where issues arise for the product such as defects.
2. We provide comprehensive online help screens.
3. We reserve the right to limit the time spent on email and telephone support calls to 10 minutes or less for a single support enquiry.
4. We reserve the right not to provide Support Service even if it has been purchased if we deem the Support Service is being used in an unethical, abusive or fraudulent manner.
5. You accept that support is only available while an online service is current and paid in full.
6. You accept that any instruction we give you via our Support Service (and via any other method or service) is not legal, tax or accounting advice.
7. You accept that any instruction we give you is general educational information that may or may not meet your specific requirements.
8. You accept that the Support Service is for basic usability and functionality queries and not for workflow, operational, accounting or bookkeeping problem solving.
9. You agree that in reporting any defects to our Support Service, to be specific and provide at least one identifiable example of the defect.
10. You agree to allow us access to your data to troubleshoot or problem solves a defect.
11. You agree that AcTouch.com does not resolve Internet, network, hardware, and software inquiries relating to third party providers.
12. You agree that our Support Team will deem if the inquiry falls within the nature of the AcTouch.com Support Service.
13. You accept that call or email volumes, staff absence, server maintenance and upgrades relating to new releases may affect Support Team availability and response times.

FREE User’s Terms and conditions.

1. As a FREE user, you would be given one user license.
2. As a FREE customer, you will be entitled to keep 6 months data from the date of registration. Post that period, the monthly data would be purged such that at any point of time, you will have only 6 months of data.
3. You agree that ACTouch.com can and will post the advertisements of its chosen vendors on the application that are accessed by you.
4. You accept and agree that ACTouch.com could share your business contact details with AcTouch.com’s prospective parties.
5. You accept that we may disable FREE users accounts that are inactive for an extended period of time, who have not logged into the application for more than 90 days. So it’s essential for you to login at least once in a month.

General Refunds, Returns, Delivery Policy and terminating policy

1. We accept that if a product is wrongly described, different from a sample shown or doesn’t do what it is supposed to do, you may choose between a replacement and a refund.
2. You agree to provide a reason for returns including any details of the problem.
3. You accept that we only have to refund to the credit card used to pay for goods or services or the bank account we received payment from.
4. You accept that refunds may take 15 days to process once approved by us.
5. You agree to allow us to deduct fees and charges by banks and credit card companies we occur from the refund amount.
6. You may end the Service simply by not renewing at your next Expiry Date.

Some Definitions

ACAdmin – means the Business Owner, who is the billing authority and gives an access to his business users / users to ACTouch.com services. He is the authority for the Billing and Business owner as for as ACTouch.com application is concerned.

Access Authority—means the ACAdmin and/or individuals who the ACAdmin prescribes levels of access to your ACTouch.com Account and where the ACAdmin has made available to his individuals the Email Address, Password to allow them to access ACTouch.com Application for data entry, viewing data or obtaining reports etc.

Services—means the ACTouch.com Online Services accessed via the ACTouch.com website (and also any other ACTouch.com Website), by Registration as a User and by signing on for use using Access Authority Controls defined in the application.

Password—means a confidential alphanumeric, being at least 8 characters long, which when used with other Access Authority information, gives access to Services. This would be as per ACTouch.com password policy.

Passcode – means a confidential alphanumeric, being at least 8 characters long, which is created by AcAdmin of the business and handed over manually to the End users to access the services. This is used at the first time login of the application.

Business User / User—means any person you (ACAdmin) nominate, from time to time, as part of any invite process or request via email to ACTouch.com to use the services available through the website.

We, us and/or our—means ACTouch Technologies Pvt Ltd. India and its wholly owned subsidiaries.

You and/or your and or Company—means the Subscriber to the Services and includes ACAdmin and Users when applicable.

Add-on—Widgets, plug-ins, Web Applications, Software, Components, Integration, Integrator, Connector and/or any other technology that communicates, interacts or embeds ACTouch.com or is embedded in ACTouch.com.