Features and services within products of Windfall Enterprises may be the subject matter of pending and issued patents assigned to Windfall Enterprises
erecruit, GAINS, WE-Staffing, among others, are registered trademarks and/or registered service marks of Windfall Enterprises, in India and other countries.
Windfall products, services, Web content and related materials (collectively, 'Offerings') are owned by Windfall Enterprises and/or its licensors,
and all rights in such Offerings are reserved by Windfall Enterprises and/or its licensors.
Thank you for selecting the Services offered by Windfall Enterprises Inc. and/or its subsidiaries and affiliates
(referred to as 'Windfall Enterprises', 'we', 'our', or 'us'). Review these Terms of Service ('Agreement') thoroughly.
This Agreement is a legal agreement between you and Windfall Enterprises. By accepting electronically (for example, clicking 'I Agree'), installing,
accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
TERMS OF USE
A. GENERAL TERMS OF AGREEMENT
This Agreement describes the terms governing your use of the SaaS software
GAINS provided by Windfall Enterprises
to you via this website, including content, updates and new releases, (collectively, the 'Services').
It includes :
- by reference the Windfall Enterprises' Privacy Policy provided to you in the Services available on the website or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
B. YOUR RIGHTS TO USE THE SERVICES
The Services are protected by copyright, trade secret, and other intellectual property laws.
You are only granted the right to use the Services and only for the purposes described by Windfall Enterprises.
Windfall Enterprises reserves all other rights in the Services.
Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement,
Windfall Enterprises grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates
any applicable law, regulation or this Agreement. You agree you will not :
- Provide access to or give any part of the Services to any unauthorized third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
C. PAYMENT
For Services offered on a payment or subscription basis, the following terms apply, unless Windfall Enterprises
or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference
and includes program ordering and payment terms provided to you on the website for the Services.
- Payments will be billed to you by Windfall Enterprises and/or its distributor or vendor(s) in Indian Rupees (INR) ,
US Dollars, or any other currency. Any and all applicable taxes (including VAT, GST, Service Tax etc.) will be
added to the total charges payable and will be debited to your account
when you subscribe and provide your payment information,
unless stated otherwise in the program ordering or payment terms on the website for the Services.
- Windfall Enterprises and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services
at the then current rates, unless the Services are cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
D. REFUND POLICY
Windfall Enterprises has made a free 30-day trial available in order to enable you to experience the product
prior to purchase,
and fully satisfy yourself as to its suitability for your business.
During this period and thereafter, all possible assistance is made available to you, including free online help manuals and technical support.
However, if you are not satisfied with the product for any reason, Windfall Enterprises will refund the amount paid towards your subscription in full
provided a written request for refund is received within 30 days of purchase. One time set up fee is not refundable.
Thereafter no refund is valid and none will be entertained.
E. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device using Internet access.
You agree that you are solely responsible for these requirements, including any applicable changes,
updates and fees for SMS messages, data plans, and general usage,
as well as the terms of your agreement with your mobile device and telecommunications provider.
Windfall Enterprises makes no warranties or representations of any kind, express, statutory or implied as to :
- the availability of telecommunication services from your provider
- access to the services at any time or from any location
- any loss, damage, or other security intrusion of the telecommunication services
F. CONTENT
You are responsible for your content. You are responsible for all materials ('Content') uploaded, posted or stored through your use of the Services.
You grant Windfall Enterprises a worldwide, royalty-free, non-exclusive license to host any Content provided through your use of the Services.
You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures.
Windfall Enterprises is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute,
link to, publish, reproduce, engage in or transmit any of the following, including but not limited to :
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive,
hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind,
including without limitation conduct that would encourage 'flaming' others,
or criminal or civil liability under any local, state, federal or foreign law
- Content that would impersonate someone else or falsely represent your identity
or qualifications, or that constitutes a breach of any individual's privacy
- Virus, Trojan horse, worm or other disruptive or harmful software or data and
- Any information, software or Content which is not legally yours
and without permission from the copyright owner or intellectual property rights owner.
G. ADDITIONAL TERMS
You will manage your passwords and accept updates. You are responsible for securely managing your password(s)
for the Services and to contact Windfall Enterprises if you become aware of any unauthorized access to your account.
The Services may periodically be updated with tools, utilities, improvements, third party applications,
or general updates to improve the Services. These updates are auto deployed to all clients in the background.
If required to explicitly accept such updates, you agree to receive these updates.
H. DISCLAIMER OF WARRANTIES
Windfall Enterprises, its affiliates, and its third party providers, licensors, distributors or suppliers
(collectively,'suppliers') disclaim all warranties, express or implied,
including any warranty that the services are fit for a particular purpose, title, merchantability,
data loss, non-interference with or non-infringement of any intellectual property rights,
or the accuracy, reliability, quality or content in or linked to the services.
Windfall Enterprises and its affiliates and suppliers do not warrant that the
services are secure, free from bugs, viruses, interruption, errors, or destruction.
Windfall Enterprises, its affiliates and suppliers disclaim any representations
or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations.
You are solely responsible for ensuring that your use of the services is in accordance with applicable law.
J. CHANGES
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services,
on our website for the Services or when we notify you by other means.
We may also change or discontinue the Services, in whole or in part.
Your continued use of the Services indicates your agreement to the changes if any.
K. TERMINATION
Windfall Enterprises may immediately, in its sole discretion and without notice terminate this Agreement
or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications.
Upon termination you must immediately stop using the Services and any outstanding payments will become due.
Any termination of this Agreement shall not affect Windfall Enterprises rights to any payments due to it.
Windfall Enterprises may terminate a free account at any time.
These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer.
Please read them carefully. These Terms are binding on any use of the Service and apply to You from the time that you get access to the service.
We reserve the right to change these terms at any time.
We will make every effort to communicate these changes to You via email or notification via the Website.
It is likely the terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service.
These Terms were last updated on 01 Apr 2021.