TERMS OF SERVICE
THESE TERMS OF SERVICES IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER APPLICABLE LAWS THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES. THESE TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICES, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
These Terms of Service ("Terms”) of the website located at the URL www.56Secure.com, on mobile sites or mobile application and the other associated/ancillary applications, products, websites and services and all other variations of the same and as mobile applications available on the Google Play store, App Store (collectively referred to as “Platform”) is between 56 AI Technologies Private Limited (referred as “Company” or “we” or “us” or “our"), a company incorporated under the Companies Act, 2013, and the registered Users, defined to include any person who registers himself/herself/itself on the Platform and holds an Account on the Platform (referred as "you" or "your" or or “User”) describe the terms on which Company offers Services.
56SECURE OFFERS A VARIETY OF SERVICES VIA ITS PLATFORM, THE RESPECTIVE TERMS AND CONDITIONS FOR EACH SPECIFIC SERVICE IS COVERED IN THE RESPECTIVE SECTION. IN THIS REGARD, THE TERMS AND CONDITIONS CONTAIN 3 PARTS: PART-A (TECHNOLOGY SUPPORT), AND PART-B (SECURITY GUARD DEPLOYMENT) AND PART-C (DEDICATED SERVICES). The respective section or combination of sections shall apply to the User depending on the Services that they opt to avail from 56Secure. In the event that the Services availed include Security Guard services as a part of the main Services, PART-B will be applicable in addition to the section that applies to the main service availed.
IT IS HEREBY CLARIFIED THAT THE BUSINESS OF THE COMPANY IS TO PROVIDE ARTIFICIAL INTELLIGENCE AND INFORMATION TECHNOLOGY ENABLED SERVICES IN INDIA AND ABROAD.
You and Company shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”
1. CLICK TO ACCEPT
Before using certain areas of the Platform you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Terms and Conditions or you may indicate your acceptance by executing an order form issued by the Company. Any consent so provided by you will be deemed to be valid consent under all applicable laws.
2. UPDATION OF TERMS AND CONDITIONS
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time. To ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We may notify you of any changes to the Terms and Conditions. If you continue to use the Platform and/or Services, it shall be deemed that you have read, understood and accepted the updated Terms and Conditions. Any reference to Terms and Conditions herein shall refer to the latest version of the Terms and Conditions.
56 Secure is a technology company which through its platform works in a real time to form an active security system. Our platform integrates cutting edge AI security cameras with real time guards intervention to ensure people’s peace of mind with just one tap. 56 Secure product is tailored to provide a customized security experience to individuals, homes, apartments, and businesses on the go. 56 Secure’s holistic system makes security simple yet effective. With 24x7 surveillance and real-time physical intervention under customer’s control, 56 Secure lets customers manage their security at their convenience. However, it is clarified that 56 Secure does not offer private security guard deployment services and merely provides a platform to facilitate this deployment through their third-party PSARA compliant agencies.
Company reserves the right to update the Platform and /or Services offered via the Platform, in order to, inter alia, introduce new features or Services, enhance existing features or Services, improve user experience and performance. You hereby agree that Company will be able to provide support services only if you install all the updates upon receiving notifications while using the Platform and its Services.
4. ELIGIBILITY AND ACCOUNT REGISTRATION
a) By using the Platform, you affirm that you are at least 18 years of age and are fully able and competent to accept the Terms and Conditions and the obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" within the meaning of the applicable law including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to register and use the Platform.
b) You must register an account on the Platform (an “Account”). When you register on the Platform and set up your Account, you must:
(i) provide accurate and complete information;
(ii) promptly update your Account information with any new information that may affect the operation of your Account;
(iii) authorize Company to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us via the Platform including document proofs /KYC records or copies or any such information as required mandatorily by applicable law that need to be provided to us; and
(iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, User integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device.
c) You are responsible for safeguarding and maintaining the confidentiality of your Account information with us/Platform. You agree not to disclose your Account information to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account on the Platform, whether or not you have authorized such activities or actions. You will immediately notify Company of any unauthorized use of your Account. You may be held liable for losses incurred by Company due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.
d) If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform / Services (or any portion thereof).
5. PLATFORM LICENSE
a) Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license:
(i) to view any content of Platform solely for your personal and non-commercial purposes; and
(ii) to access, modify, edit and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.
b) You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the Terms. The Platform and the Intellectual Property Rights vested therein is owned by Company.
c) You agree that this Platform and its Services are made available to you on a non-exclusive, non-transferable, non-sublicensable and on a limited license basis and hence, you will not permit, enable, introduce or facilitate other persons to participate in availing Services from your Account, including others who may be subject to an agreement that is the same or similar to this Terms and Conditions.
6. FEES AND PRICING
The fees and pricing for the services availed via the Platform shall be as specified in the pricing plans available on the Platform and accepted by the User while availing the Service or consented in the order form executed by the parties.
Further details pertaining to the payment terms for the respective Services is as provided in the respective Section applicable to such Service.
7. RULES AND CODE OF CONDUCT
a) You shall not use the Platform for any purpose that is prohibited by the Terms; or other rules or policies implemented by us from time to time.
b) You shall comply with all applicable local, provincial laws, and regulations in connection with your availing of the Services.
c) You shall keep Company informed of any technical issues or problems with the Platform, as and when the issues develop.
d) By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including without limitation host, display, upload, modify, publish, transmit, store, update or sharing of information) that:
(i) would constitute a violation of any applicable law, rule or regulation or belongs to another person;
(ii) infringes on any intellectual property or other right of any other person or entity;
(iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent; or
(iv) impersonates any person or entity
(v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact,
(vi) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource or
(vii) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
(viii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and
(ix) is hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(x) harms minors in any manner.
e) Furthermore, you shall not (directly or indirectly):
(i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
(iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof);
(iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction;
(v) modify, translate, or otherwise create derivative works of any part of the Platform; or
(vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
f) The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email about any information as mentioned above transmitted by the User on the Platform, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for as long as required under applicable laws for production to governmental authorities for investigation purposes.
g) You will not access the Platform, and/or its services, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.
h) If are an Individual, you will not access the Platform and/or its services for the purpose of hiring, recruiting or inviting any other User to attend any program, event, function, seminar, conference, talk, etc.
i) You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of your Account, or any other breach of security, in relation to your personal information on the Platform.
j) One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform.
8. USE OF YOUR INFORMATION
b) We ensure easy access to the Users by providing an option to update your Account information. We reserve the right to moderate the changes or updates requested by you.
c) We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
d) You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws or government requests;
(b) enforce these Terms and Conditions;
(c) respond to claims that any of your usage of the Platform violates the rights of third parties;
(d) detect, prevent, or otherwise address fraud, security or technical issues; or
(e) protect the rights, property, or personal safety of the Platform, its users, or the public.
e) We may disclose or transfer User information to our affiliates or governmental authorities in such manner as permitted or if required by applicable law, and you hereby consent to such transfer.
f) In accordance with the applicable laws, we may transfer your Information to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
9. THIRD PARTY SITES AND INTERFACE
b) We are not responsible for the availability of such external sites or resources and we do not endorse and are not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
c) We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
e) Third-party Interface: 56Secure may provide the opportunity for the User to interface the Platform with one or more third-party products, services or applications (including their respective mobile applications (if any), collectively, “Third-Party Products and Services”), for example the 56Secure Amazon Alexa Skill, August Smart Lock, Apple Watch or Google Assistant (as and when each is introduced). The User may decide whether and with which Third-Party Products and Services the User wants to interface. The User’s explicit consent and authorization is required for this interface, which may be revoked or disabled by the User at any time. Once the User’s consent is given for a particular Third-Party Product and Service, the User agrees that 56Secure may exchange information and control data regarding the User and their products, including the User’s personal information, in order to enable the interface to the Third-Party Products and Services the User have authorized.
f) The User acknowledge and agree that 56Secure makes no representation or warranty about the quality or safety of any Third-Party Products or Services and 56Secure is not responsible for the use of any Third-Party Product or Service or any personal injury, death, property damage, or other harm or losses arising from or relating to the use of any Third-Party Products or Services.
10. INTELLECTUAL PROPERTY
a) Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, content of the Platform, video recordings, ideas and information, google text chats which are subject matter of services (collectively referred to as “Intellectual Properties”).
b) Notwithstanding anything contained in this Terms and Conditions, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.
c) While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use.
The User agrees to keep all technical and non-technical information, which Company may have acquired before or after the date of this Terms and Conditions in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating this Terms and Conditions; or exercising its rights or performing its obligations under this Terms and Conditions; or which relates to the contents of this Terms and Conditions (or any agreement or arrangement entered into pursuant to this Terms and Conditions), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of Company confidential or any other information designated as confidential from time to time.
Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the User prior to receiving the confidential information from Company; (b) becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to Company to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the User in breach of this Terms and Conditions; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.
12. SUSPENSION AND TERMINATION
a) These Terms of Services are effective unless and until terminated by either you or Company. You may terminate these Terms of Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform and in the event that the User wishes to re-commence the Services once again, the Terms and Conditions will continue to apply (as available at such time).
b) We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but are not obliged to, give you notice of any interruption of access to the Service.
c) We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for pre-scheduled maintenance shall be communicated to you in advance via phone number/email to the contact details provided by you upon creation of your Account. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.
d) We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
e) Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the Terms and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
f) In the event of any termination of this Terms and Conditions, the User shall promptly and forthwith make payments accrued or due to Company.
g) Upon termination of this Terms and Conditions, any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of this Terms and Conditions and such other provision as specifically identified in this Terms and Conditions, shall survive.
a) The Company provides you with multiple automatic and/or customised alerts while providing Services.
b) You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
14. CONTACT YOU
a) You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
- Rendering Services
- Obtaining feedback in relation to Platform or our Services;
- Obtaining feedback in relation to any other Users listed on the Platform;
- Any events or initiatives that you may be interested in as part of the community of users
- Resolving any complaints, information, or queries by other Users regarding your critical content.
b) You agree to provide your fullest co-operation further to such communication by Company.
c) 56Secure System (at User’s discretion or where required by law to comply with due process of law)) or and its third-party PSA partners may communicate with police, ambulance or fire Services at the telephone number as prevailing in case of any security breaches, untoward incidents reported/detected by the use of the System or the System may detect a security breach, untoward incident and the User thereafter may through the System
(i) inform the police, ambulance or fire services that the System will communicate with them at such numbers; and
(ii) obtain permission from the police, ambulance or fire services that the System (at User’s discretion) may communicate with them at these telephone numbers.
d) The User will indemnify, defend and hold us harmless (without any condition that we first pay) for any losses and claims, including our reasonable advocate’ fees, arising out of or in connection with, due to or caused in whole or in part by, any claims asserted against us in connection with or as a result of our communications with any of the police, ambulance or fire services, including any claim under any consumer protection or any other law.
a) THE SERVICE RENDERED ON COMPANY'S PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE”. COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS PLATFORM OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
b) THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT:
(A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS;
(E) ANY INFORMATION PROVIDED BY US IN ANY WAY WILL MEET YOUR REQUIREMENTS ; OR
(F) THE PLATFORM WILL BE FREE OF GLITCHES; ON YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
c) COMPANY DOES NOT WARRANT THAT THE USER WILL BE ABLE TO USE THE PLATFORM/PLATFORM AT ALL TIMES OR LOCATIONS ON THE PLATFORM/PLATFORM OR THAT THE PLATFORM AND THE SERVICES PROVIDED THROUGH THE PLATFORM/PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
d) THE MATERIALS AS APPEARING ON THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS. COMPANY RESERVES THE RIGHT, ALTHOUGH IT IS UNDER NO OBLIGATION TO DO SO, TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR MATERIAL AS APPEARING ON THE PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve 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 us in connection therewith.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL COMPANY BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR
(I) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LIFE OR PROPERTY, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS,
(II) FOR YOUR RELIANCE ON THE SERVICES
(III) FOR ANY CLAIM FOR DAMAGES THAT HAVE NOT BEEN PROVEN BEFORE A COURT OF COMPETENT JURISDICTION (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
Unless such restriction is prohibited by applicable law, you may not bring any claim against 56Secure under this Terms and Conditions beyond six (6) months after the cause of action arises.
Nothing in this Agreement shall release the User from being primarily responsible for establishing and maintaining an adequate system and framework of safety control including safeguarding of assets/property against unauthorized acquisition, use, or disposition, etc including loss of life or damages to environment or others, including obtaining adequate insurance coverage for loss of life, property, damages, etc. The User acknowledges and agrees that 56Secure and the PSA only assists the User in managing and mitigating the said risk of the User as per these Terms and Conditions.Facilitation of disputes between the User and the Agency/PSA: 56Secure may facilitate and support the User, if desired, in resolving their grievances, complaints or any other issues in the following manner:
56Secure along with User and/or third party (wherever required) will facilitate and support the User in identifying the potential problem on the basis of the available information including but not limited to video/audio footage, blueprints, images, etc. On the basis of the above information collated, 56Secure will support the User if the User chooses to notify the Police and lodge a First Information Report (“FIR”) against the PSA/Agency/ respective Personnel. 56Secure ensures full co-operation with the Police for any investigation on the basis of FIR lodged by the User. 56Secure will not be responsible for the services rendered by the Agency under Part B or Part C of these Terms and Conditions. Notwithstanding anything contained in this Agreement, 56Secure shall not be held liable for any acts done by PSA, Agency or the Personnel deployed by them. However, 56Secure shall ensure full co-operation in any investigation against the PSA, Agency or the Personnel deployed by them. It is expressly clarified that 56Secure is not responsible for or obligated to facilitate these discussions in the event of any dispute.
Release of Insured Losses; Waiver of Subrogation: The User releases 56Secure for all losses covered by the User’s insurance policies and for all insurance deductibles. The User also waives and release any subrogation and other rights the User or the User’s insurance company may have against 56Secure for money paid by or on behalf of the User.
18. EXEMPTIONS TO LIMITATION OF LIABILITY
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
I. your failure to cooperate;
II. your unavailability and/or unresponsiveness;
III. your failure to provide accurate and complete information;
IV. your failure to provide or facilitate the submission of information in timely manner;
V. any event beyond Company’s reasonable control.
19. RIGHT TO SUBCONTRACT
56Secure may, in its sole discretion, subcontract for the provision of 56Secure’s Services under this Agreement. Any subcontractor 56Secure engage is an independent contractor and not our partner or joint venture. The User authorize 56Secure to act as the User’s agent for purposes of working with, or providing any directions to, any subcontractors with respect to the provision of the Services.
20. SEVERABILITY AND WAIVER
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable. III. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
21. FORCE MAJEURE
If the performance of the Party’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of the Parties, or an act of God (each a “Force Majeure Event”), then the Parties shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the Parties shall give prompt notice within a period of three (3) days from the date of occurrence of the Force Majeure Event and providing a description to the other Party of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that the Parties shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.
If the Party’s performance of its obligations under this Terms and Conditions is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, the Parties may terminate this Terms and Conditions without incurring any charges.
22. RELATIONSHIP BETWEEN THE USER AND COMPANY
Nothing in this Terms and Conditions shall be construed to create any relationship between Company and you other than that of a service provider/facilitator and user. you do not have the authority to bind Company in any manner whatsoever.
These Terms are personal to you and you shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
24. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
25. ENTIRE AGREEMENT
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
26. GRIEVANCE REDRESSAL OFFICER
In furtherance of the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”) a grievance officer is appointed to ensure compliance with the IT Act and the Intermediary guidelines.
Any discrepancies or grievances with regard to content and or comment or breach of the Terms of Service shall be taken up with the designated grievance officer as mentioned below in writing or through email signed with the electronic signature to:
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
Attention: Balaram Rouniyar
Email ID: grievance@56Secure.com
The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The Company offers an email, calling and in-app-based support system. In case you require any assistance or support, you may access support resources or contact our support by calling at 9115 565656 or use the “Help and Support” function on the Platform or email at firstname.lastname@example.org. The Company provides Support on Monday – Friday between the hours of 10 a.m. – 6:30 p.m. IST (except public holidays).The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.In furtherance of the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E- Commerce) Rules 2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the Consumer Protection Act and the E-Commerce Rules.The details of the grievance officer to which consumer grievances can be redressed are as follows;Attention: Balaram RouniyarEmail ID: grievance@56Secure.comThe Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
If you have any questions regarding the Services or usage of the Platform, please contact Company at email@example.com. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.
Discount Coupon Terms and Conditions (“Discount Terms”)
For the purpose of these Discount Terms,
“Discount Code” shall mean a unique code assigned to the User by the 56 Secure;
“Discount” shall mean any fee reduction in the form of
(a) flat discount amount or
(b) percentage of discount, provided by 56 Secure to the User;
"Discount Program" shall mean the program under which the User avails discount on their subscription fees.
These Discount Terms are applicable to all Users who wish to avail Discount on 56 Secure’s Services.
The Discount is valid on all days and at all times. The validity of a particular Discount Code varies on a case-to-case basis. The validity of a particular Discount Code will be mentioned alongside the Discount Code. A Discount Code may be deemed invalid at the sole discretion of 56 Secure.
The Discount Codes are personal to a User and may not be transferred from one User to another.
- The value of a Discount Code may vary from time to time at the sole discretion of 56 Secure. There is no obligation on 56 Secure to notify you of any such changes in the value.
- Certain Discount Codes are visible to the Users while some are not visible and the User has to manually enter the Discount Code
- The Discount availed using a particular Discount Code may not be combined with any existing or new offer provided by 56 Secure unless explicitly stated to the contrary for a particular Discount Code.
Modification and Cancellation:
56 Secure reserves the right to modify, void, discontinue or reject the use of any Discount, Discount Code, Discount Terms without any prior notice to the User.
PART - A: TECHNOLOGY SUPPORT
“System” means the security camera and such other hardware installed on the Users premises by 56Secure.
“Premises” means the premises at which the System is located.
Services provided by 56Secure can be availed by the User on a periodicity opted for as per the subscription plans available on the 56Secure Platform and consideration for said service will be payable within the due date specified on the invoice based on the Billing Cycle applicable to the User. Upon completion of a Billing Cycle, the subscription plan will be auto renewed on a monthly basis if the User does not opt for a renewal with the same or higher Billing Cycle.
56Secure or User may terminate this Agreement without assigning any reason following notice sent to the other as set forth below.
The User shall provide notice of termination to 56Secure by either calling or sending a text message to 56Secure Customer Support at firstname.lastname@example.org and following the instructions provided. The Services will then stand terminated upon completion of the current Billing Cycle, irrespective of actual usage by the Customer.
56Secure shall provide notice of termination to User by e-mail sent to the email address on file with 56Secure for the User’s current online account. 56Secure’s termination shall be effective when 56Secure sends the e-mail notice.
Upon termination of the Agreement, 56Secure shall have no further obligation to the User and the User shall have no further obligation to 56Secure other than (i) the obligation respecting the payment of any money due to 56Secure for services rendered; and (ii) the obligations set forth in below mentioned clause.
56Secure shall not refund any service charges with respect to any partial Billing Cycle following any termination. Notwithstanding the foregoing, 56Secure may in certain instances at its sole discretion determine if any User would be entitled to a refund.
Payment for Services
The User shall pay 56Secure the periodic subscription service charge (inclusive of all taxes and Security Guard fees) in advance as per the plan which it chooses. The said subscription service charges shall include charges relating to technology related Services (under PART-A) and any Security Guard facilitation provided by PSA (under Part B). The User authorize 56Secure to charge their credit/debit card for the periodic (e.g., monthly, quarterly or annually) subscription service charge as and when due (“Billing Cycle”). If the charges are declined, 56Secure shall resubmit the charges for approval and notify the User of the declined charges by e-mail.
If the subscription service charges are not paid by the User, 56Secure may, in its sole discretion, discontinue the Services without notice at or after the end of the ten (10) day period from the due date. If the User still does not pay any charges after the aforementioned period, 56Secure may, in its sole discretion, terminate this Agreement and/or discontinue services without notice.
56secure’s service charges are based solely on the value of services provided and are not insurance premiums and are not related to the value of property located on or near the premises. The User acknowledges and agrees that 56secure is not an insurer and shall not provide insurance coverage against any losses.
To the extent the User wishes to have any insurance coverage for losses it is the User’s responsibility to procure and maintain separate insurance policies from an insurance company or companies, solely at its cost and expense, covering loss, or expense, including, losses arising out of or in connection with, due to, or caused in whole or in part by (i) the Terms and Conditions (ii) the System, (iii) the Services (but does not include Services provided by PSA), (iv) product or strict liability (v) the loss or damage to or malfunction of facilities necessary to operate the System, transmit any signal to or receive signals , (vi) a violation of any applicable consumer protection law or any other theory of liability or alleged fault on the part of any party as may be identified by a competent court. Recovery for any losses shall be limited to the insurance the User purchase separately from an insurance company, if any.
It is hereby clarified that 56Secure is merely a technology platform rendering tech-related Services and notwithstanding anything contained herein, 56 Secure shall not be held liable to indemnify the User for any wilful acts, fraud, omissions, carelessness or negligence by PSA and/or third-party agencies.
Communications Equipment and Services
The System is designed to transmit signals to a server through certain communications equipment and services, including broadband, cellular, wireless and/or landline telephone equipment and services (collectively, the “Communications Equipment and Services”). Regardless of the form of Communications Equipment and Services used, the User understands that the Communications Equipment and Services may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a trusted and associated third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the Communications Equipment and Services or any Video-Related Services. If the Communications Equipment and Services are inoperative or interrupted by any cause, there will be no indication of such at the server and the server will not receive a signal from the System. The User must test the System’s data transmission with the server at least monthly and immediately after the installation, modification or repair of any Communications Equipment or Service. (If DSL, VOIP or other form of broadband telephone equipment and services are used, such equipment and services should be installed on a telephone line and number that is not used by the System to transmit data to the server). The User’s access to, and availability of the Application is dependent on (i) the User’s Wi-Fi network, Bluetooth connection, and Internet service provider.
The User expressly understands and agrees that they have no contractual relationship whatsoever with the underlying wireless service provider (the “Underlying Carrier”) or its affiliates or contractors and that the User are not a third-party beneficiary of any Agreement between 56secure and the Underlying Carrier. In addition, the User acknowledges and agrees that the Underlying Carrier and its affiliates and contractors shall have no legal, equitable, or other liability of any kind to the User and the User hereby waive any and all claims or demands therefor.
The User have selected the System based on their personal considerations (i.e., cost, the condition of the Premises, insurance requirements, etc.). Additional equipment, at additional cost, may provide increased security surveillance. The User agrees that any additional equipment provided by 56Secure shall be subject to this Agreement. For example, the User may request that, upon the receipt of signals from the System, the 56 Secure UI/ server will notify the User of such activity (via text message or other form of electronic communication) in addition to or in lieu of providing facilitation of Quick Response Services by third party independent agencies as described in Part-B hereof. For avoidance of doubt, the Quick Response Services are not being provided by 56secure.
56Secure will honor any such request provided that they have previously agreed in writing to do so. The User also agree to pay 56Secure for such additional equipment/services. The User understands that 56Secure does provide any installation or repair services for the System. The User shall provide and maintain adequate power for all equipment relating to the System.
False Alarms; Suspension of Service and Shut-Down
The User agrees to prevent false alarms and be solely liable for false alarms. The User shall pay (or reimburse 56Secure on actual cost basis) any fines, fees, costs, expenses and penalties (inclusive of applicable taxes) relating to the System or Services assessed against the User, 56Secure by any person or entity, including any court or governmental agency or any person or entity acting on the behalf of such court or agency. If (i) the User defaults under this Agreement and (ii) this Agreement or the Services are terminated by either party for any reason, 56Secure may suspend the Services and the User authorizes 56Secure to disconnect the User account from the System. The exercise of any such rights shall not be deemed a waiver of 56Secure’s right to damages.
Late Subscription Service Charges
Payment for the subscription services charges is payable on or before the due date mentioned on the invoice for which the services are availed by the User with the first subscription service charge payable at the time of installation of the services. The User agrees to pay an interest charge of 1 percent per month (twelve percent (12%) per year) for all charges not paid within fifteen (15) days from the day on when the subscription services charges is due.
Consent to Video Recording
The User, consent to the video recording by the System as provided with the Services. Recording video may be unlawful or violate an individual’s rights, including privacy rights. The User shall not use any of the Video-Related Services (as defined below), or permit the use of any of the Video-Related Services, for any unlawful purpose. For example, the User shall not use the system to obtain or record video in any place where a person may have a reasonable expectation of privacy, including restrooms, dressing or changing areas, locker rooms or similar areas. The User also shall take all steps necessary to alert individuals at the premises of the possibility of recording video.
The System may be provided to you on lease and 56Secure may undertake such necessary action within the limits prescribed by applicable laws to retrieve any Systems or Additional Equipment provided to the User in the event that the User ceases making payment of the Fees/Charges for the Services.
The User may avail the Quick Response Facilitation by pressing the SOS option on the Platform, the Platform then informs nearest security guard who will reach the Premises or any serviceable location where 56Secure operates from where the SOS signal is raised. The Security Guard will then assess the situation and operate as stated in the Quick Response Services section in Part B of these Terms and Conditions.
“Video-Related Services” shall mean to consist of the following: (i) real-time access to video from the System through the website or Mobile Application of 56Secure (“Real-Time Services”) and (ii) storage and retrieval through the Application of recorded video stored on 56Secure secured servers, which storage shall be limited and subject to change (a) in accordance with the terms of the plan the User has chosen or (b) if the User did not select a plan that provides for terms regarding storage, at our discretion (“Recorded Services”).
The Video-Related Services are provided and shall be used by the User solely for the verification of alarm events at the Premises and no other purpose.
As a part of the Video-Related Services, the following features are available to the User:
AI Detection : Enabling an AI Detection zone will give alerts from the detection area selected by the User. Any intrusion happening outside the detection area will not be notified to User. Only one AI Detection Zone can be enabled per System.
AI Siren : This feature works in connection with the AI Detection Zone. In case an intrusion is detected in the AI Detection Zone during the time slot for which the AI Siren feature is activated, a siren goes off which alerts the User of such intrusion. A User can set this AI Siren feature for detection of humans, animals and vehicles. The time slot during which the AI Siren feature is activated can be selected on the 56 Secure Mobile Application, the same process may be followed to switch off the AI Siren. It is hereby informed to the User that sirens, are designed to emit very loud sounds. The User agrees and acknowledges that they are aware of this feature of the AI Siren and are mindful of the inherent risks associated with the same. 56 Secure is not liable to the User for any discomfort, damage or injury (including without limitation physical injury and discomfort) caused due to the sounds emitted from the AI Siren.
One-time Check and Scheduled Check (“Custom Checks”)
A User can place requests for Custom Checks through the 56 Secure Mobile Application. Under the Custom Check option, the Security Guard (included under Part-B) checks the doors, windows, gates and vehicles in the User’s premises. The User also has the option of customising the Custom Checks by adding additional comments if necessary. The Custom Checks are additional features to the subscription and no additional fees are chargeable for using these features. Once a request for a Custom Check is raised, it is accepted or rejected at the sole discretion of 56Secure and the same is communicated to the User.
During these checks, pictures of the premises and the items the User has raised a check request for are clicked unless explicitly prohibited by the User. These pictures are then uploaded in an internal tool and sent to the User on the 56 Secure Mobile Application. A copy of the pictures remains with 56 Secure and also in the history section of 56 Secure Mobile Application.
For the purpose of conducting these Custom Checks, the User must permit the Security Guards to enter the Premises. If the User does not provide such consent, the Security Guard can only perform limited checks from outside the Premises and the objective of conducting such Custom Checks is not met. By availing this feature, the User consents to the Security Guard entering the Premises for the purpose of conducting the Custom Checks. We hereby clarify that the Security Guard will only enter the Premises for conducting the Customs Checks and will not access the Premises during any other time. By providing the consent hereunder you agree and acknowledge that 56Secure is not responsible for the acts and omissions of the Security Guards, as stated in this section, the PSA shall remain responsible for the Security Guards. 56 Secure hereby disclaims any liability with respect to the acts and omissions of the Security Guard under this section.
There are currently two types of Custom Checks available:
One time check: Goal of one-time check is to provide the User a quick check of their premises on demand. 56 Secure guarantees to complete the check within 2 hours. If an intervention is required, the same is communicated to the User via call. In the event the User does not receive the call and the circumstance demands immediate action, the Security Guards may enter the Premises and take such action to remedy the circumstance as necessary.
Scheduled Checks: Goal of Scheduled Checks is to provide the User a regular check and corresponding update of their premises over multiple days. 56 Secure guarantees to check the premises every two hours during the period when Scheduled Checks are scheduled by the User. If an intervention is required, the same is communicated to the User via call. In the event the User does not receive the call and the circumstance demands immediate action, the Security Guards may enter the Premises and take such action to remedy the circumstance as necessary.
For the purpose of determining the intervals of the Scheduled Checks, A Scheduled Check Day starts at 7:00 am on any given day and runs until 6:59 am the next day. A User may raise a status request on the 56 Secure Mobile Application, whereby the status of an ongoing Scheduled Check is notified to the User.
PART - B: SECURITY GUARD DEPLOYMENT
Availing Security Guard Facilitation services, Dedicated Services, and Quick Response Services, One-time Check, Scheduled Check and such other services introduced by 56Secure that involves the intervention of Security Guards, means the User has selected to receive these services directly from third party service providers i.e., Private Security Agencies (“PSA”) having license as mandated by Private Security Agencies (Regulation) Act, 2005 and as facilitated by 56 Secure read with relevant rules thereto (“PSARA”).
PSA ARE THIRD PARTY AGENCIES LISTED ON THE 56SECURE PLATFORM ON A VOLUNTARY, NON-EXCLUSIVE AND PRINCIPAL TO PRINCIPAL BASIS TO PROVIDE AFOREMENTIONED SERVICES to the Users. 56 SECURE DOES NOT EXERCISE ANY OR CONTROL ON THE PSA. NOTHING UNDER THIS AGREEMENT SHALL CREATE A PARTNERSHIP OR RELATIONSHIP OF PRINCIPAL AND AGENT OR EMPLOYER AND EMPLOYEES BETWEEN 56 SECURE AND THE PSA OF ANY SECURITY GUARDS PROVIDED BY THE PSA AT. 56 SECURE IS ONLY A FACILITATOR OF THE SERVICES BEING PROVIDED BY A PSA TO THE USER ON A NON-EXCLUSIVE BASIS AND THE PSA SHALL PROVIDE SUCH SERVICES TO THE USER ON A PRINCIPAL TO PRINCIPAL. BY AGREEING TO AVAIL THE SERVICES OF THE PSA THROUGH THE PLATFORM, THE USER HEREBY AGREES AND ACKNOWLEDGES THAT 56SECURE SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY SERVICES PROVIDED BY THE PSA TO THE USER
Security Guard Facilitation
56 Secure facilitates the User to avail Security Guard services only through PSARA (Private Security Agencies Regulation Act, 2005) compliant third-party independent agencies and as a part of their policy. The security guards (“Security Guards”) are well trained in the manner as prescribed under the PSARA Act or any other applicable laws, to handle all security related duties, respond to any known civilian security threats.
PSAs shall ensure that any misbehaviour including use of vulgar language by the Security Guard once detected or reported by the User or any assault / harassment or issue caused to any User and reported, will necessitate strict action been taken against the Security Guard by the PSAs as per applicable law. As 56 Secure is only a facilitator, any complaint received by 56 Secure with respect to the Security Guards may be raised at the forum/Platform dedicated to complaints to be received in relation to services provided by the PSA as contemplated in this Part B, which complaints shall be directed to the respective PSA on immediate basis for necessary action by PSA.
If the Security Guard commits any crime, which is reported to the 56Secure or System by the User, 56Secure or System shall duly report the matter to the PSA and cooperate in investigation by any and every law enforcement agency as per the due process of law.
Quick Response Services
Quick Response Services shall be provided in accordance with this Terms and Conditions and consist solely of Security Guard attending to the event which has occurred at the User’s premises upon the receipt of signals from the System reporting specific conditions from the User’s Premises to the Security Guards who may automate a message trigger to the Police, Ambulance or Fire Services depending upon the event occurring at the User’s premise which is not a replacement to Police, Ambulance or Fire Services as per the plan chosen by the User.
Security Guard will not have access to the Video Related Services unless (1) the User has granted Security Guard such access through the website or mobile application of 56Secure and (2) such video is received at the security monitoring facility in connection with the Quick Response Services.
PART C - DEDICATED SERVICES
In this Agreement, for the purpose of Part-C,
“Dedicated Services” shall mean the services listed on the 56Secure Platform by third-party agencies, including, but not limited to Security Guard Facilitation services, bodyguard services, caretaker services and so on.
56Secure does not exercise control on these Dedicated Services. Nothing in this Agreement shall create a partnership or relationship of principal and agent or employer and employees between 56Secure and the Agencies or the person(s) as provided by the agencies. 56 Secure shall only act as a facilitator of the services provided by the agency to the Users.
56 Secure facilitates the User to avail services, as applicable, through PSARA (Private Security Agencies Regulation Act, 2005) compliant third-party independent agencies, and other agencies (“Agency” or “Agencies”) who provide Security Guards and Other Personnel (collectively referred to as “Personnel”) to perform the Dedicated Services.
If you opt for the Dedicated Service, a detailed binding terms and conditions governing the scope of the service will be drawn up between you and the Agency with 56Secure as a confirming party.
The Security Guards provided by the Agencies shall be well trained in the manner as prescribed under the PSARA Act or any other applicable laws, to handle all security related duties, respond to any known civilian security threats. Further details regarding the relationship between you and the Agency in this regard is provided in Part B to these Terms and Conditions.
Any other personnel services listed on the platform who do not provide security related services as defined under PSARA, such as caretakers and attendants (“Other Personnel”) provided by the Agencies shall not have the responsibilities of a Security Guard and shall not be PSARA licensed.
Agencies shall ensure that any misbehaviour including use of vulgar language by the Personnel once detected or reported by the User or any assault / harassment or issue caused to any User and reported, will necessitate strict action been taken against such person by the Agency as per applicable laws. As 56 Secure is only a facilitator, any complaint received by 56 Secure with respect to the services provided by the Agency may be raised at the forum/Platform dedicated to complaints to be received in relation to services provided by the Agencies, which complaints shall be directed to the respective Agencies on immediate basis for necessary action by such Agency.
If the Personnel commits any crime, which is reported to the 56Secure or System by the User, 56Secure or System shall duly report the matter to the Agency and cooperate in investigation by any and every law enforcement agency as per the due process of law.
Pricing, Fees, And Payment Terms
Charges and Fees in respect of Dedicated Services:
In respect of Dedicated Services that you seek to avail through the Platform, you shall be required to pay the amount indicated in the contract with the Agency("Charges"). The Company reserves the right to charge you a convenience fee for technology support provided by the Company as governed under Part A of these Terms and Conditions(“Fees”).
The Company shall notify you of the applicable Charges, Fees, applicable taxes and payment methods at the time of booking, which shall be complied and binding on you. Generally, you may make payments for the Dedicated Services through credit cards, debit cards, net banking, wallets, UPI or cheque upon completion of the Dedicated Service. We have the right to modify and otherwise restrict the modes of payment available to you. You acknowledge that certain payment methods such as cash upon completion may not always be available to you as a payment method.
The Charges and Fees may be payable at the time of making a booking, or upon the completion of the Dedicated Service, as specified by the Company.
For the avoidance of doubt, please note that the Charges are payable to the Agencies and the Company acts as a limited collection agent on behalf of such Agencies to collect and transfer amounts due to them. In the event of any delay in payment beyond the term agreed by the Customer, the Comapny may adopt necessary legal recourses to recover any Charges due from the Customer.
The Agency hereby specifically authorize the Company to collect, process facilitate, and remit the Charges electronically or through such other methods mutually agreed to and from the User in respect of Dedicated Services provided by the Agency to the User.
Transactions, transaction price/fee and all commercial terms for the Dedicated Services are as per this Agreement and the payment facility is merely used to facilitate the completion of transactions. Use of the payment facility shall not render the Company liable or responsible for non-performance, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the Dedictaed Services provided to the Users by the Agency.
The Agency understand, accept, and agree that the payment re-imbursement/ settlement arrangement provided by the Company is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for the Dedicated Services using the existing authorized banking infrastructure and credit card payment gateway network. Further, by providing payment facility, the Company neither acts as a trustee nor fiduciary with respect to the services or fee of the services.
Charges and Fees that you pay are final and non-refundable, unless otherwise required by the applicable laws. Under certain laws, you may be entitled to a refund or other remedies for a failure in the provision of the Services.
THE AGENCIES ARE THIRD PARTY AGENCIES LISTED ON THE 56SECURE PLATFORM ON A VOLUNTARY, NON-EXCLUSIVE AND PRINCIPAL TO PRINCIPAL BASIS TO PROVIDE AFOREMENTIONED SERVICES. 56SECURE DOES NOT EXERCISE ANY OR CONTROL ON THE AGENCY. NOTHING UNDER THESE TERMS SHALL CREATE A PARTNERSHIP OR RELATIONSHIP OF PRINCIPAL AND AGENT OR EMPLOYER AND EMPLOYEES BETWEEN 56SECURE AND THE AGENCY OF ANY PERSONNEL PROVIDED BY THE AGENCY. 56SECURE IS ONLY A FACILITATOR OF THE DEDICATED SERVICES BEING PROVIDED BY THE AGENCY TO THE USERON A NON-EXCLUSIVE BASIS AND THE AGENCY SHALL PROVIDE SUCH DEDICATED SERVICES TO THE USER ON A PRINCIPAL TO PRINCIPAL. BY AGREEING TO AVAIL THE DEDICATED SERVICES OF THE AGENCY THROUGH THE PLATFORM, THE USER HEREBY AGREES AND ACKNOWLEDGES THAT 56SECURE SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DEDICATED SERVICES PROVIDED BY THE AGENCY TO THE USER
BY AVAILING AN OTHER PERSONNEL SERVICE, THE USER UNDERSTANDS AND ACKNOWLEDGES THAT SUCH OTHER PERSONNEL AND THE AGENCY PROVIDING SUCH PERSONS MAY NOT BE PSARA LICENSED.
THE USER UNDERSTANDS THAT THE SERVICES PROVIDED BY OTHER PERSONNEL SHALL NOT BE OF THE SAME NATURE OR OF COMPARABLE PROTECTIVE NATURE TO THAT OF THE SERVICES PROVIDED BY A SECURITY GUARD. THE OTHER PERSONNEL ARE NOT TRAINED NOR LICENSED TO PROVIDE THE SERVICES OF A SECURITY GUARD. IN THE EVENT YOU WISH TO AVAIL “SECURITY” SERVICES, WE REQUEST YOU TO AVAIL THE SECURITY GUARD FACILITATION SERVICES OR SECURITY GUARD DEDICATED SERVICES.