TERMS OF SERVICE

The Mobile Application (as defined hereinafter), the Desktop Application (as defined hereinafter) and the Website (as defined hereinafter) are provided by SAMADHAAN (“SAMADHAAN™”) . In these Terms of Service, the term "User" or “You” refers to you, the Person or entity using the Mobile Application, Desktop Application, the Website and/or procuring any goods, service or product from SAMADHAAN™. It is clarified that in case of a company, partnership, trust or any other legal entity which uses or accesses the Services or the SAMADHAAN™ Apps, "User" shall include such company, partnership, trust or any other legal entity;

SAMADHAAN™ offers the Mobile Application, Desktop Application, Store, Website, platform and any other services conditioned upon the User’s acceptance of all terms, conditions, policies, and notices stated here. By procuring a service from SAMADHAAN™, or by use of the Mobile Application, Desktop Application, Store, Website or platform, the User agrees to be bound by these terms and conditions ("Terms of Service" or "Terms"), as applicable, to the use of the Mobile Application, Store, Desktop Application, Website, platform and any services provided by SAMADHAAN™.

Please note that by use of the Mobile Application, Store, Desktop Application, Website and any services provided by SAMADHAAN™, the User also agree to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation SAMADHAAN™’ Privacy Policy, Acceptable Use Policy, Cancellation and Refund Policy, Referral Policy and other policies of SAMADHAAN™ and the rules applicable to each SAMADHAAN™ Apps or Services.

These Terms of Service apply to all users of the Mobile Application, Store, Desktop Application, Website, platform and any services provided by SAMADHAAN™, except as may be specifically agreed otherwise in writing.

Please read these Terms of Service carefully before accessing or using the Mobile Application, Desktop Application, Website, Store and any services provided by SAMADHAAN™. By accessing or using any part of the Mobile Application, Desktop Application, Website, Store or by the use of any services provided by SAMADHAAN™, the User agree to be bound by these Terms of Service. If the User does not agree to all the Terms of Service of this agreement, then the User may not access the Mobile Application, Desktop Application, Store, Website, platform or use any Apps, application or services provided by SAMADHAAN™. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service.

Any new product or services provided by SAMADHAAN™, or any new features or tools which are added to the Mobile Application, Desktop Application, Website, Store shall, unless specifically stated otherwise, be subject to these Terms of Service. The User can review the latest version of the Terms of Service at any time at this page. SAMADHAAN™ reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to SAMADHAAN™’ application, website or platform. It is the User’s responsibility to check the said link periodically for changes. Following the posting of any changes, the User’s continued use of or access to the Mobile Application, Desktop Application, Website, Store or any other Apps or services from SAMADHAAN™, constitutes acceptance of such revised Terms of Service.

Privacy Policy
These Terms of Service refer to, incorporate, and include the privacy policy of SAMADHAAN™ which sets out the terms on which SAMADHAAN™ process any personal data SAMADHAAN™ collects from the User, or that the User provides to SAMADHAAN™. By using the SAMADHAAN™ Apps, the User consents to such processing and the User warrants that all data provided by the User is accurate. The latest version of the Privacy Policy can be accessed at https://samadhaanapp.com/index.php/Welcome/termsAndCondition

About us

The SAMADHAAN™ Apps provide access to invoicing, business and accounting management and online store services through the Mobile Application, Desktop Application, Website and Store.

Definitions
Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:

“Additional Terms” means the terms and conditions applicable for use of the Apple AppStore / Google Play Store and/or any other platform where the Mobile Application or Desktop Application is made available for download;

“Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, oragreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time;

“Content” shall mean any content published, uploaded, shared, distributed or transmitted by the User on SAMADHAAN™ Apps including the Apps listed on the Store by the User and their descriptions, prices, and any other content uploaded;

“Desktop Application” means the computer application developed by SAMADHAAN™ for availing the Services;

“Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange;

“Fees” means the fee payable for availing of the Services, as specified by SAMADHAAN™.

“SAMADHAAN™ Apps ” means, collectively, the Mobile Application, Desktop Application, Store, Website, and any other Apps provided by SAMADHAAN™ to the Users from time to time;

“Intellectual Property Rights” means:

patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utilitymodels, formulae, processes, trade secrets, proprietary information, rights in know how and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
rights under licenses, consents, order or statutes or otherwise in relation to a right underparagraph (a);
rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist;
the right to sue for past infringements or any of the foregoing rights.

“Mobile Application” means the mobile application developed by SAMADHAAN™ for availing the Services;

“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law;

“Services” means the invoicing, business and accounting management, online store services provided by SAMADHAAN™ to an User through the Mobile Application, Desktop Application, Website, Store and any other SAMADHAAN™ Apps from time to time;

“Store” shall mean a web-based platform provided by SAMADHAAN™ to a User which facilitates such User’s display, sale, and payments for goods and services.

“Website” means the website or web links provided by SAMADHAAN™ for availing the Services.

Changes to the Terms of Service
4.1.

SAMADHAAN™ may revise these Terms of Service at any time by amending this page. The User must check this page from time to time to take notice of any changes made to these Terms, as they are binding on the User.

4.2.

SAMADHAAN™ may, without prior notice, change the Services or the SAMADHAAN™ Apps; add or remove functionalities or features; stop providing the Services or the SAMADHAAN™ Apps, or features of the Services or the SAMADHAAN™ Apps, to the Users (specifically and generally); or create usage limits for the Services or the SAMADHAAN™ Apps.

 

Acceptance of the Terms of Service
5.1.

The User agrees that the User shall be bound by these Terms by accessing or using the SAMADHAAN™ Apps, or by otherwise availing of the Services from SAMADHAAN™. If the User does not accept these Terms of Service, the User shall not open an account for availing of the Services or using the SAMADHAAN™ Apps.

5.2.

For the User’s use of the SAMADHAAN™ Apps and Services, SAMADHAAN™ grants the User a limited, non-exclusive, non-transferable right to install and / or use the SAMADHAAN™ Apps. However, the User shall not copy the SAMADHAAN™ Apps or any of its components.

5.3.

SAMADHAAN™ also grants the User a non-exclusive, non-transferable license to access such content on the SAMADHAAN™ Apps which is owned by SAMADHAAN™. For using any content owned by a third party Person, the User still require a license from such third party Person (including, without limitation, the Software Providers), and SAMADHAAN™ does not license such content to the User and the User’s use of content owned by a third party Person, including any content owned by the Software Providers, is governed by applicable terms and conditions prescribed by such third party Person.

 

Conditions for use
6.1.

By agreeing to these Terms of Service, a User (which such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under Applicable Laws to accept these Terms of Service. The User represents and warrants that the User has the full power and authority to accept the Terms of Service, access the SAMADHAAN™ Apps and use the Services provided by SAMADHAAN™, under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms. All Services by SAMADHAAN™ are governed by these Terms of Service. Where the Services are availed by a company, partnership or any other legal entity, the User represents and warrants that the entity has the full power and authority to accept the Terms of Service and such Terms of Service shall bind such company, partnership or any other legalentity, as applicable.

6.2.

In case SAMADHAAN™ alters or amends the eligibility criteria to be registered for receiving the Services and the User no longer complies with the new eligibility criteria, as determined by SAMADHAAN™ in its sole discretion, the User accepts that SAMADHAAN™ may restrict or suspend the access to the Services without any liability for SAMADHAAN™. The User is solely responsible for ensuring that the User are in compliance with these Terms of Services

6.3.

Please note that the SAMADHAAN™ Apps, will be also subject to the Additional Terms and the terms of use of the Software, as applicable. If there is any conflict between the Additional Terms, the terms of use of the Software, and these Terms of Service with respect to a User’s use of the SAMADHAAN™ Apps, then, these Terms of Service shall prevail.

6.4.

The User agrees that the User shall, as required or instructed by SAMADHAAN™, update the SAMADHAAN™ Apps (if so required) and / or any device to operate the SAMADHAAN™ Apps, as may be instructed by SAMADHAAN™.

6.5.

The User shall co-operate with SAMADHAAN™ and its officers, representatives, directors and agents and render assistance to the SAMADHAAN™ in integration of the SAMADHAAN™ Apps, if so required by SAMADHAAN™, for the purpose of enabling and providing the Services.

6.6.

The User shall ensure that there are proper security measures at its respective desktop, mobile device or other device used to access the SAMADHAAN™ Apps to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.

 

Availability of the Services and the SAMADHAAN™ Apps
7.1.

The User may not use the Services or the SAMADHAAN™ Apps for any illegal or unauthorised purpose nor may the User, in the use of the SAMADHAAN™ Apps, violate any Applicable Laws (including but not limited to copyright laws). SAMADHAAN™ reserves the right to refuse or discontinue the Services or the SAMADHAAN™ Apps to anyone for any reason at any time.

7.2.

The User agrees and understands that certain features and services on the SAMADHAAN™ Apps are paid only and can be accessed on payment of Fee. For accessing such paid only features and services, the User agrees and undertakes to pay the Fee, as displayed on the SAMADHAAN™ Apps. The User agrees and accepts that SAMADHAAN™ has arrangements with authorised affiliates, banks, financial institutions and payment processors for the collection of the Fees and the User shall strictly adhere to the terms of such authorised affiliates, banks, financial institutions and payment processors with respect to the payment of Fees. In case SAMADHAAN™ or its authorised affiliates, banks, financial institutions and payment processors are unable to collect the Fees from the User for any reason whatsoever, including, without limitation, on account of any technical malfunction, the User agrees and undertakes to promptly pay the Fees to SAMADHAAN™ or its authorised affiliates, banks, financial institutions and payment processors. In case of the non-payment of the Fees, SAMADHAAN™ reserves the right to discontinue the paid only Services and/or restrict the User’s access to the paid only features and services on SAMADHAAN™ Apps.

7.3.

The Fees for the Services or any other services provided by SAMADHAAN™, as displayed on the SAMADHAAN™ Apps, are subject to change. SAMADHAAN™ reserves the right to modify the Fee at any time with a notification to the User. In case of the User’s continued use of the SAMADHAAN™ Apps, it shall be deemed that the User has accepted such revised Fees.

7.4.

The User agrees to promptly update the User’s account and other information required by SAMADHAAN™, including the User’s email address, mobile number, personal details, and details of a User’s payment instrument, in connection with the provision of the Services. The User undertakes to provide all such information, documents, and data as may be required or instructed by SAMADHAAN™ for the use of the Services.

7.5.

The User will be required to setup an account with SAMADHAAN™ on the SAMADHAAN™ Apps for the use of the Services. The User will be required to provide personal details, login information, a password and other information required by SAMADHAAN™ in connection with the setup of the account. In case of any inaccuracy or material omission in the information provided by the User to SAMADHAAN™, SAMADHAAN™ reserves the right to discontinue provision of the Services or prevent the User’s right to access the SAMADHAAN™ Apps.

7.6.

The User hereby grants SAMADHAAN™ the right to access all information, data and details stored or available on the Software, including, without limitation, any Confidential Information, that is required or necessary for SAMADHAAN™ for the provision of the Services. The User agrees and accepts that SAMADHAAN™ may store, transfer, process and utilize the information, data and details of the User, including, without limitation, any Confidential Information, in connection with the provision of Services, including without limitation, store such information, data and details in the servers of SAMADHAAN™.

 

Restrictions on the use of the SAMADHAAN™ Apps
8.1.

SAMADHAAN™ provides the SAMADHAAN™ Apps for use by the Users for availing the Services that are provided by SAMADHAAN™. The User agrees that the User shall not use the SAMADHAAN™ Apps or the Services in any manner inconsistent with these Terms of Service, the terms and conditions of the Software Providers, or in breach of Applicable Laws.

8.2.

The availability of the SAMADHAAN™ Apps or the Services is subject to the maintenance of an active computer / mobile phone, electricity, internet connection and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of the SAMADHAAN™ Apps, or the Services due to a deficient or defective computer / mobile handset or the internet service provider not being able to support the SAMADHAAN™ Apps or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the SAMADHAAN™ Apps, or the availability of the Services.

8.3.

The User shall be solely responsible for the confidentiality, safety and security of the user account opened by the User. The User shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of User’s account. In case the password is lost or misplaced, the User shall promptly inform SAMADHAAN™. In case the username and the password associated with the User’s account is lost/stolen/misplaced/hacked/no longer in the User’s control, The User shall promptly inform SAMADHAAN™. SAMADHAAN™ will upon receipt of such information block the relevant account.

8.4

The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the SAMADHAAN™ Apps or any component or content thereof, available to any third parties prior the prior written consent of SAMADHAAN™.

8.5.

The User shall not, directly or indirectly, attempt to exceed the scope of authorized access to the SAMADHAAN™ Apps, account information or other areas of the SAMADHAAN™ Apps or solicit passwords, transfer any part of Your account to any third party.

8.6.

The User shall not circumvent or disable any digital rights management, usage rules, or other security features of SAMADHAAN™ Apps; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the SAMADHAAN™ Apps; and not use the SAMADHAAN™ Apps in a manner that threatens the integrity, performance, or availability of the SAMADHAAN™ Apps.

8.7.

Without limiting the foregoing, the User agrees that the User shall not use the SAMADHAAN™ Apps, or the Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:

is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
infringes any patent, trademark, copyright or other proprietary rights;
contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person's computer, its web-sites, any software or hardware, or telecommunications equipment;
is in the nature of promotional services, Apps, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
violates any law for the time being in force;
belongs to another Person to which the User does not have any right to;
interferes with or disrupts the SAMADHAAN™ Apps or other SAMADHAAN™ websites, servers, or networks;
impersonate any other person;
harms minors in any way;
forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User’s presence on its websites;
engages in any illegal activities;
defame SAMADHAAN™, the Software Providers, and their employees, officers, directors, agents, partners and service providers, including without limitation, by posting any defamatory content on any social media;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
8.8.

The User shall not attempt to or engage in any activity that may:

reverse engineer, decompile or otherwise extract the source code related to the SAMADHAAN™ Apps or the Software or any part thereof, unless it is expressly permitted by SAMADHAAN™ to the User in writing or is required by the Applicable Law;
use any robot, spider, retrieval platform, or other device to retrieve or index any portion of the SAMADHAAN™ Apps, Software or content thereof;
collect information about other Users for any illegal or unlawful purpose;
create any User accounts by automated means or under false or fraudulent pretenses for using the SAMADHAAN™ Apps;
transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the SAMADHAAN™ Apps;
use the SAMADHAAN™ Apps in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the SAMADHAAN™ Apps, or interfere with any other third party Person's use and enjoyment of the SAMADHAAN™ Apps;
carry out any denial of service (DoS, DDoS) or any other harmful attacks on the SAMADHAAN™ Apps or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the SAMADHAAN™ Apps or any part of the SAMADHAAN™ Apps or any other User of the SAMADHAAN™ Apps;
8.9.

The User shall not use the SAMADHAAN™ Apps or the Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of SAMADHAAN™ or violate the Terms of Service.

8.10.

The User agrees and accepts that the use of SAMADHAAN™ Apps is subject to the Acceptable Use Policy, which is incorporated into these Terms of Service by reference. The Acceptable Use Policy may be updated from time to time and it is the responsibility of the User to keep updated about any changes. Any restrictions under the Acceptable Use Policy shall be in addition to and not in derogation with these Terms of Service. The Acceptable Use Policy is available https://samadhaanapp.com/index.php/Welcome/termsAndCondition

8.11.

The User agrees and accepts that SAMADHAAN™ shall not and is not required to mediate or resolve any dispute or disagreement between User and customers.

 

SAMADHAAN™’s rights
9.1.

SAMADHAAN™ reserves the right to suspend/discontinue the SAMADHAAN™ Apps, Services and any other Apps/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:

For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service.
For any suspected discrepancy in the particular(s), documentation or information provided by the User;
To combat potential fraud, sabotage, wilful destruction, threat to national security, for any other force majeure reasons etc.;
If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner;
If the User indulges in any abusive or aggressive or threatening behavior or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of SAMADHAAN™ or any other User; and
If SAMADHAAN™ believes, in its reasonable opinion, that cessation/ suspension is necessary.
9.2.

SAMADHAAN™ may at its discretion, remove Content and suspend or terminate a User’s account if it is found that the goods or services offered via a Store, or the materials uploaded or posted to a Store, violate the Acceptable Use Policy (“AUP”) or these Terms of Service.

 

Accuracy of information
10.1.

SAMADHAAN™ is not responsible if information made available on the SAMADHAAN™ Apps (including any information in relation to the Services) is not accurate, complete or current. The material on the SAMADHAAN™ Product is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this SAMADHAAN™ Product (including any information in relation to the Apps) is at the User’s own risk.

10.2.

The SAMADHAAN™ Apps may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. SAMADHAAN™ reserves the right to modify the contents of the SAMADHAAN™ Product at any time, but SAMADHAAN™ has no obligation to update any information on the SAMADHAAN™ Apps. The User agrees that it is the User’s responsibility to monitor changes to the SAMADHAAN™ Apps or any other information provided in connection with the Services.

10.3

SAMADHAAN™ undertakes no obligation to update, amend or clarify information on the SAMADHAAN™ Apps or on any related website, or in relation to the Services, including without limitation, pricing information, except as required by Applicable Laws. No specified update or refresh date applied in the SAMADHAAN™ Product or on any related website, should be taken to indicate that all information in the SAMADHAAN™ or on any related website has been modified or updated.

 

Warranties
11.1.

No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with SAMADHAAN™ Product or any data/content, including without limitation, the Services. While SAMADHAAN™ may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its Apps/services, SAMADHAAN™ does not warrant that Apps/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that Apps/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program ormacros. SAMADHAAN™ provides the SAMADHAAN™ Apps, the Services and other Apps/services an “asis”, “where is”, “with all faults” basis.

11.2.

The User acknowledges that he/she has not solely relied on any representation/warranty madeby SAMADHAAN™ or its service providers, subcontractors or agents and has made independent assessment of SAMADHAAN™ Apps, SAMADHAAN™’s Apps/services, including without limitation, the SAMADHAAN™ Apps. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the SAMADHAAN™ Apps or on the Internet generally.

 

ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE SAMADHAAN™ APPS OR SERVICES.

11.3.

The User represents and warrants that:

The User shall be solely responsible for all goods and services it provides through the Store including their description, price, fees, tax, any required legal disclosures, compliance and any offers or promotional content.
The User shall be solely responsible for setting and displaying the terms and conditions for sales on the Store including without limitation policies for sale, refund, return and their timelines.
The User shall inform its customers in a clear and cogent manner in its terms and conditions of sale that the goods and services being provided on the Store are provided by the User and not by SAMADHAAN™.

Exclusions of liability
12.1.

Not withstanding anything to the contrary SAMADHAAN™, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for:

any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use SAMADHAAN™ Apps, the Services or any other Apps/services of SAMADHAAN™ and data/content or reliance on those, including without limitation, in case of the Services, the SAMADHAAN™ Apps, howsoever caused and regardless of the form of action (includingtort or strict liability);
any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfu