Refund And Cancellation Policy

1. About these Terms

Turnsapp Technology Private Limited Limited (“Turnsapp Technology Private Limited”) is the owner and operator of the Turnsapp dry cleaning and laundry software service (“Service”). We have developed a portal (“Portal”) provided through our website at https://turnsapp.com (“Site”) and our webapp (“App”) to provide the Services to you. These Terms set out the terms and conditions of your use of the Service. Your use of the Service is expressly conditioned on your acceptance of these Terms. By registering to use the Service, you signify that you unconditionally agree and accept to be legally bound by these Terms, and are entering into a legally binding agreement with us based on these Terms, including our Privacy Policy and service level agreement (“Service Level Agreement”) provided at the end of these Terms (collectively, the “Agreement”).

2. Changes to these Terms or the Services

Turnsapp Technology Private Limited reserves the right to alter these Terms at any time. We shall alert you to our new terms or notify you of any change via our Portal, Site or App. Your continued use of this Service after amended Terms shall constitute that you agree and accept to be legally bound by those changes.

3. About Turnsapp Technology Private Limited

Turnsapp Technology Private Limited Limited is a limited liability company incorporated in India. Our company number is +91 93107 60865, and our registered office is at B-8, Sector 2, Noida – 201301

4. About the Service

The Service provides to you point of sales and online ordering services. When you register to use our Service, we will provide you with an account to use the Service (“Account”). Only users who have registered through our Portal and have an Account (“Users”) may use the Service.

5. Grant of Licence

Turnsapp Technology Private Limited hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you comply with your obligations under the Agreement, including the following:

1. Turnsapp Technology Private Limited may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your Account and/or your use of the Service if, at its sole discretion, Turnsapp Technology Private Limited is of the opinion that your use does not meet Turnsapp Technology Private Limited’s specifications or guidelines, or which Turnsapp Technology Private Limited may consider to be inappropriate, illegal or harmful to its interests. If Turnsapp Technology Private Limited exercises its absolute discretion under this paragraph, it shall have no liability to refund any portion of your pre-paid subscriptions, if applicable. Without limiting or waiving any right against you that Turnsapp Technology Private Limited may have under the law or these Terms in relation to any inappropriate, illegal or harmful use, Turnsapp Technology Private Limited reserves the right to deduct any costs, damages or expenses that it may have incurred in relation to such inappropriate, illegal or harmful use from your unused pre-paid subscriptions, if any, or to claim the same from you by any other means.
2. You agree to comply with any policies or guidelines that Turnsapp Technology Private Limited may introduce or amend from time to time. Turnsapp Technology Private Limited’s policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by Turnsapp Technology Private Limited, in its absolute discretion, from time to time.
3. You agree that you will not, and not cause third parties to: (a) modify, disrupt or interfere with the Service, supporting servers, or networks, either manually or through the use of scripts, viruses, or worms; (b) modify, adapt, translate, reverse engineer, decipher, decompile, reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; (c) excessively overload the systems that Turnsapp Technology Private Limited uses to provide the Service; or (d) provide access to or furnish any part of the Service to any third party.
4. You shall not send or transmit any material which infringes any third party’s intellectual property rights.
5. You shall not create a false identity or submit inaccurate, false or misleading information.
6. Turnsapp Technology Private Limited may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms, Portal, Site and/or App at any time.
7. You shall be solely responsible for your use of the Service, Portal, Site and App, and shall indemnify Turnsapp Technology Private Limited for, and hold Turnsapp Technology Private Limited harmless from, all loss, costs, and damages incurred by Turnsapp Technology Private Limited in connection with any claims by third parties against Turnsapp Technology Private Limited in relation to your use of the Service, Portal, Site and App, and in connection with your breach of these Terms or any policies or guidelines that Turnsapp Technology Private Limited may introduce from time to time.
8. You hereby represent, warrant and covenant to Turnsapp Technology Private Limited that at all times: (a) you have all rights, consents, licences and permits that may be necessary or desirable for you to have in order to use the materials, graphics, logos, videos, data or information you input into the Service (where applicable) (“Your Content”) in the manner and the purpose for which you use Your Content; (b) all of Your Content comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party.
9. You represent and warrant to Turnsapp Technology Private Limited that you have the full corporate rights, power and authority to agree to these Terms and perform the obligations agreed by you, and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.
10. You hereby agree that Turnsapp Technology Private Limited may, but is not obliged to, use your business name and logo and refer to you as a user of the Service in any publicity, press release, advertising or marketing material, throughout the world and using any form of media. If you wish to use or display Turnsapp Technology Private Limited’s trademarks or mention Turnsapp Technology Private Limited in any publication, website, press release or in any other manner, you must obtain the prior written consent of Turnsapp Technology Private Limited.
11. You agree that you are solely responsible to obtain or provide any hardware or software that you may need to gain access to and use the Service, and for any damage or loss that you suffer as a result of the operation of such hardware or software, including incompatibility with any platforms used by Turnsapp Technology Private Limited in providing the Service.
12. You agree that Turnsapp Technology Private Limited is the sole owner of and has the right to use any feedback you provide on the Service in any way whatsoever including to improve existing or create new products and services. Turnsapp Technology Private Limited reserves all rights, including any intellectual property, in the Service, Site and App not granted to you expressly in these Terms. Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to use such rights. You hereby agree to grant Turnsapp Technology Private Limited a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host and use (a) Your Content (including, without limitation, to reproduce in a material form, publish, perform, communicate to the public, and to make an adaptation of Your Content) for the purpose of providing you with the Service, and (b) if Turnsapp Technology Private Limited provides any community forum for users of the Service to exchange user tips and publish their comments and opinions, any comments, opinions and other material you upload or publish on such a forum.

6. Custom Branded App

The below provisions (a) to (h) apply to you if Turnsapp Technology Private Limited has agreed to supply you with a Custom Branded App (the “App” or the “Custom Branded App”). The other Terms and Conditions herein also apply to you in relation to your App and, where applicable, references to the Service will be read as including reference to your App.

7. Payment Terms

By creating an Account and subscribing for the Service or renewing your subscription for the Service, you indicate you agree to the charges imposed by Turnsapp Technology Private Limited for the Service you have requested. You agree to comply with any payment terms that Turnsapp Technology Private Limited may impose from time to time. You may be required to pay Turnsapp Technology Private Limited in advance and/or an annual, half yearly, quarterly or monthly basis to use the Service as set out in your Account. Your subscription will be automatically renewed on or close to its expiry at the subscription rates applicable at the time of renewal unless you request to cancel your account. Turnsapp Technology Private Limited will not give you prior notice of an automatic renewal. If Turnsapp Technology Private Limited is unable to effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. For subscribers choosing to pay by credit card, you agree that subscription fees for renewal shall be charged to the credit card on record unless Turnsapp Technology Private Limited is notified of a change or cancellation in writing using the tools or means made available by Turnsapp Technology Private Limited. All sums payable by you to Turnsapp Technology Private Limited may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription or charges levied by Turnsapp Technology Private Limited. As such, you agree that Turnsapp Technology Private Limited may charge you and/or the credit card on record for any taxes or charges that Turnsapp Technology Private Limited is required by any applicable law or regulation to levy on the subscription or charges. Support may be provided as part of your subscription, unless you are subscribed to the entry level Basic subscription. If you have fallen behind on your subscription payments or you have an outstanding balance with Turnsapp Technology Private Limited, then Turnsapp Technology Private Limited may cease to provide support services until all debts are cleared. Subscription to Turnsapp Technology Private Limited is done on a per store basis. You will require one subscription per store (including virtual stores, locations or services). Using more than one store, or processing orders on behalf of other stores on one subscription, will require you to make a custom pricing arrangement with Turnsapp Technology Private Limited or your Account will be suspended or terminated by Turnsapp Technology Private Limited. No refunds will be processed on subscriptions that have already started and no downgrades from higher subscriptions are allowed. Should a refund be required back to a credit card, a 5% credit card surcharge fee will be deducted from the refund.

8. Term and Termination

Turnsapp Technology Private Limited shall have the right to terminate the Agreement, without prior notice, if you breach or fail to comply with any provision of the Agreement. The Agreement and your ability to use the Service shall also automatically terminate upon the expiry of your subscription. After termination, Turnsapp Technology Private Limited may, at its sole discretion, maintain any data you have uploaded into its systems, including Your Data and Your Content. However, you agree that other than any obligations expressly stated in these Terms, Turnsapp Technology Private Limited has no responsibility to you to maintain your Account or any of your data after termination and you shall hold Turnsapp Technology Private Limited harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same. If termination is due to your failure to renew your subscription on a timely basis, you may reactivate your Account and access your data if renewal under such circumstances is enabled by Turnsapp Technology Private Limited. To do so you may have to pay any subscription fees or charges that may be imposed by Turnsapp Technology Private Limited, including reactivation fees (if any), within any period that may be stated by Turnsapp Technology Private Limited. If you fail to renew your Account, Turnsapp Technology Private Limited may permanently remove and delete your Account and any data you have uploaded into its systems. If you signed up for an Annual agreement, an early termination fee consisting of the remaining value of your subscription will be charged.

9. Data Privacy

You or your customers, partners or associates, whichever may be applicable, are the owner of any data you upload into the Service (“Your Data”). You hereby agree that Turnsapp Technology Private Limited is the owner of all data other than Your Data, including any system generated data generated by the Service or any data compiled from data inputted into the Service by all Users on an aggregate basis (“Turnsapp Technology Private Limited Data”). Subject to our Privacy Policy, Turnsapp Technology Private Limited may use Turnsapp Technology Private Limited Data in any way it chooses including to improve or adapt its services, or to create or design new products and services. By using our Service we may need to process the personal data of your customers. Both Turnsapp Technology Private Limited and you will comply with the obligations under the Data Protection Act 2018 and the General Data Protection Regulation ((EU) 2016/679) (“Data Protection Legislation”). Where we process any personal data on your behalf when performing our obligations under the Agreement, you shall be controller and Turnsapp Technology Private Limited shall be processor for the purposes of the Data Protection Legislation. You agree that the scope, nature and purpose of processing by us is in relation to the provision of the Service. The type of personal data will be set out in Your Data, and the categories of data subjects are any individuals that may be referred to within Your Data. The duration of the processing for the length of time reasonably necessary to provide the Service. If we process personal data on your behalf, we shall:

1. process that personal data only on your written instructions unless Turnsapp Technology Private Limited is required by the laws of any member of the European Union or by the laws of the European Union applicable to you to process personal data (“Applicable Laws”);
2. ensure that we have in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
3. not transfer any personal data outside of the European Economic Area and the United Kingdom unless the following conditions are fulfilled: (a) Turnsapp Technology Private Limited or you have provided appropriate safeguards in relation to the transfer; (b) the data subject has enforceable rights and effective legal remedies; (c) Turnsapp Technology Private Limited complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and (d) Turnsapp Technology Private Limited complies with reasonable instructions notified to it in advance by you with respect to the processing of the personal data;
4. assist you in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
5. notify you without undue delay on becoming aware of a personal data breach;
6. ensure that all our employees keep the personal data confidential; 7. at your written direction, delete or return personal data and copies thereof to you on termination of the Agreement unless required by Applicable Law to store the personal data; and
7. maintain complete and accurate records and information to demonstrate its compliance with the Data Protection Legislation and allow for audits by you or your designated auditor. You consent to Turnsapp Technology Private Limited appointing third-party processors of Personal Data under the Agreement for the purposes of storage and data analytics. Turnsapp Technology Private Limited confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business. As between Turnsapp Technology Private Limited and you, Turnsapp Technology Private Limited shall remain fully liable for all acts or omissions of any third-party processor appointed by it.

10. Your Account

The responsibility to keep secure and confidential any password(s) and user ID(s) Turnsapp Technology Private Limited may issue to you to access the Service and your Account, rests solely with you and the employees, representatives and agents of yours that are entrusted with the same. If you become aware of any unauthorized access to your Account, or any misuse of your password(s) and user ID(s) you must activate the process put in place to disable your Account and/or re-issue new password(s) or user ID(s) as soon as possible. You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your Account for the Service. You also agree that Turnsapp Technology Private Limited may accept instructions and requests from and communicate with such person(s) until and unless Turnsapp Technology Private Limited receives notification that such person(s) are no longer your user(s) or administrator(s), and such instructions, requests and communications are valid and legally binding on you. In addition, you are responsible for any and all use of your account(s) by any persons who are in possession of your user ID(s) or password(s). Subject to our Privacy Policy and the Service Level Agreement, you acknowledge that Turnsapp Technology Private Limited may access your Account in order to modify, delete or otherwise handle your Account, Your Content and Your Data without prior notice to you. Turnsapp Technology Private Limited will not be liable for any loss or damage caused by such access.

11. Indemnity

If Turnsapp Technology Private Limited and/or any of their affiliates (collectively the “Indemnified Parties”) take any action to enforce any of these Terms, you agree to indemnify and hold harmless the Indemnified Parties, their affiliates, and their respective officers, directors, employees and agents from and against any and all claims, losses, costs, expenses, causes of action or demands, including reasonable legal and accounting fees, arising out of and relating to your use of the Service, and any and all breaches by you of these Terms.

12. Disclaimer

UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, Turnsapp Technology Private Limited MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING ITS SITE, APP, SERVICE OR OTHER PRODUCTS OR SERVICES AVAILABLE ON ITS SITE OR APP AND/OR ANY MATERIALS PROVIDED ON THE SITE OR APP, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. Turnsapp Technology Private Limited DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE, OR THE SITE OR APP. Turnsapp Technology Private Limited EXPRESSLY DISCLAIMS ALL WARRANTIES, AND TERMS IN RELATION TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE UNITED KINGDOM. Turnsapp Technology Private Limited DOES NOT WARRANT THAT THE SERVICE, ITS SITE, APP, SERVERS OR ANY E-MAIL SENT FROM Turnsapp Technology Private Limited IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR THE AVOIDANCE OF DOUBT, Turnsapp Technology Private Limited DOES NOT GUARANTEE THE EFFECTIVENESS OF THE SERVICE. Turnsapp Technology Private Limited TAKES NO RESPONSIBILITY FOR THE SECURITY, CONFIDENTIALITY OR PRIVACY OF THE COMMUNICATIONS AND/OR DATA TRANSMITTED OVER THE INTERNET AND DOES NOT WARRANT (AND EXPRESSLY EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES) THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR OR LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, Turnsapp Technology Private Limited SHALL NOT BE LIABLE FOR ANY COMPATIBILITY ISSUES PERTAINING TO CUSTOMERS’ COMPUTERS, APPLICATIONS OR OTHER SOFTWARE ON ANY COMPUTERS USING THE SERVICE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Turnsapp Technology Private Limited BE LIABLE FOR (I) (A) ANY LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND; OR (B) ANY LOST PROFITS, ORDERS, REVENUES, SAVINGS, BUSINESS OPPORTUNITIES OR DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO THE AGREEMENT; AND (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICE, SITE OR APP). If, notwithstanding the foregoing, Turnsapp Technology Private Limited should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Service, Site or App, to the full extent permitted by law, the combined aggregate liability of Turnsapp Technology Private Limited shall in no event exceed the value of the monthly subscription for the Service paid by you or £1000.00, whichever is lower. Further, Turnsapp Technology Private Limited’s liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage. We do not exclude or limit in any way our liability for: (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation.

14. Force Majeure

Turnsapp Technology Private Limited has no responsibility for and is released from all contractual obligations and liability (e.g. for damages) if its performance of these Terms is affected by an event of force majeure. For the purpose of this clause, the term “force majeure” means and includes any event which was not under the control of Turnsapp Technology Private Limited, or was not reasonably foreseeable, including, but not limited to any natural disaster such as thunderstorm, flood or storm, fire, national emergency, strike or equivalent labour action, or the unavailability of the Internet for reasons beyond the control of Turnsapp Technology Private Limited.

15. General Provisions

If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion. If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement. You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission. These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms will be subject to the jurisdiction of the courts of England and Wales. If you are outside the United Kingdom we accept no liability for breaches of any local laws in your jurisdiction and by accepting these Terms you accept that it is your responsibility to ensure that any such laws are complied with.

Service Level Agreement

Monthly Uptime Guarantee

Turnsapp Technology Private Limited guarantees that its Service will be available 99.9% of the time in a calendar month (“Monthly Uptime Guarantee”), excluding Maintenance and Exclusions (both terms of which are defined below). You are eligible to claim service credit(s) for Service Downtime if Turnsapp Technology Private Limited fails to meet the Monthly Uptime Guarantee, provided the total Service Downtime of 0.1% in a calendar month is verified by Turnsapp Technology Private Limited. “Service Downtime” is defined as an inability to access the Service caused by failure of network equipment managed, owned, leased or used by Turnsapp Technology Private Limited to provide the Service, including the failure of managed switches, routers, and cabling but excluding Maintenance and Exclusions. The Monthly Uptime Guarantee does not include time required to perform data restores and backups if applicable.

Irrecoverable Data Guarantee

If you attempt to access any of your data but the data is irrecoverable, you must report the same to Turnsapp Technology Private Limited as soon as possible. Turnsapp Technology Private Limited will investigate the cause of the same and will require your assistance during such investigation. If the result of Turnsapp Technology Private Limited’s investigation indicates that the cause of such irrecoverable data is due to the fault of Turnsapp Technology Private Limited, then Turnsapp Technology Private Limited will grant a service credit to you up to a maximum of the fee charged to you for the calendar month during which the irrecoverable data event took place.

Support

Turnsapp Technology Private Limited provides 24/5 free support to those on the Standard and Professional subscriptions. Support queries are prioritised based on urgency and you should expect a response to an query within 1 hour, feature requests depends on developer availability but are typically replied to within 72 hours. Support does not include free training, although it may sometimes be provided depending on availability. Subsequent or repeat queries will likely be put to the back of the queue. It is recommended that you provide as much information as possible in your original query to ensure a fast response.

Exclusions

Customer shall not be entitled to any service credits if any Service Downtime is due to the following (“Exclusions”):

1. the actions or omissions of yourself or your employees, agents, representatives or contractors using the password(s) and user ID(s) issued by Turnsapp Technology Private Limited to you to access the Service or your Account;
2. Maintenance carried out by Turnsapp Technology Private Limited;
3. a denial of Service attack, hacker activity, or other malicious event or code targeted against Turnsapp Technology Private Limited or a User;
4. failure of any hardware, software, network or Internet infrastructure not owned or managed by Turnsapp Technology Private Limited or its sub-contractors; and
5. factors outside Turnsapp Technology Private Limited’s reasonable control.

Maintenance

“Maintenance” means:

1. any scheduled maintenance of the cloud data centres used by Turnsapp Technology Private Limited to provide the Service of which you are notified at least 2 days in advance. For the purpose of notifying you, Turnsapp Technology Private Limited will use the contact email on record. Please ensure that this email is up to date and accessed frequently; and
2. any maintenance of the data centres used by Turnsapp Technology Private Limited: (a) is necessary to avoid an immediate threat to the data centre or the Service; and (b) of which Customer is notified.