1. Data ownership & Privacy
- Awakaza does not own any Customer Data. The Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Customer Data.
- Awakaza shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
- Solely and only for the purpose of providing the services to you, you grant Awakaza royalty free, worldwide permission to access, copy, distribute, store, transmit, reformat, display and perform the content of your account.
- You hereby consent that, Awakaza may identify you as a customer of the service (using your name and logo) and generally describe the products or services it provides to you in its promotional materials, presentations, press releases and proposals to other current and prospective customers.
- If the Customer does not renew the subscription for the Service, Awakaza shall provide all Customer Data in a generally accessible format within 60 days after the end of such a term and thereafter may delete the customer account and all of the Customer Data. Please note that some information like billing and subscription may remain with us for accounting and legal reasons. Additionally, Customer Data may remain with us for the period of 120 days beyond which it is completely deleted.
2. Data ownership & Privacy
Confidential Information of the Customer shall mean all business and technological information of Customer and shall include the Customer Data. Confidential Information of Awakaza shall mean the Services other than the Customer Data. Confidential Information shall not include any information which is in the public domain (other than through a breach of this agreement), which is independently developed by the recipient, or which is received by a third party not under restriction. The recipient will not disclose the Confidential Information, except to affiliates, employees, agents, professional advisers or third-party vendors who participate in the provision of the Services here-under who need to know it and who have agreed to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information to the extent required by an order of a government entity of appropriate jurisdiction; provided that the recipient uses commercially reasonable efforts to promptly notify the other party of such disclosure before complying with such order.
3. General Account Terms
- Access to the Service is only available to the Customer and the Users to whom the Customer grants access, subject to the Customer making the applicable payments for the Service under this Agreement.
- Usernames and passwords are personal and are to be considered part of Confidential Information of Customer. The Customer is always fully liable for all acts and omissions by Users whom the Customer has granted access and agrees to indemnify Awakaza for all claims and losses related to such acts and omissions.
- The Customer may not use the Service for any illegal or unauthorized purpose. The Customer must not, in the use of the Service, violate any laws in customer jurisdiction (including but not limited to copyright laws).
- Awakaza may make updates to the Service from time to time as per market demands.
- The Customer is responsible for all taxes and the Customer will pay Awakaza for the Services without any reduction for taxes. If Awakaza is obligated to collect or pay taxes, the taxes will be invoiced to Customer including any bank or transactional charges.
- Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, the Customer owns all Intellectual Property Rights in Customer Data and Awakaza owns all Intellectual Property Rights in the Service.
4. Warranty and Disclaimer
- Awakaza will always reasonably attempt to achieve the highest possible availability and shortest possible access time of the Service, but no warranties of any kind, regarding any specific availability or time of access are granted.
- Being in the integration space, we do not always have full control over what information we fetch nor the information we push back to online channels, payment gateways as well as accounting solutions. Data that is acceptable in one platform may not be acceptable in another. Given this, Awakaza will try to provide a smooth integration on a best effort basis but cannot guarantee a 100% accurate data sync due to issues that arise from data inconsistency, changing integration interfaces of platforms we support as well as their stability issues.
- Awakaza agrees to defend, indemnify, and hold harmless the Customer, its Affiliates, and their respective, officers, directors, employees, agents, representatives and contractors from and against any claims, actions, demands, liabilities and expenses, including, without limitation, damages, other monetary relief, expert fees, costs and reasonable legal fees, alleging or resulting from any claim that the Services infringe upon the intellectual property rights of whatever type or form of any third party.
- Awakaza is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the use of the Customer provided internet and electronic communications.
- Except as otherwise provided herein, the Service is provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
- Awakaza makes no warranty that
- the Service is free of viruses or other harmful components.
- the Service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance);
- any information or advice obtained by Customer in connection with the Service will be accurate or complete.
- the results of using the Service will meet Customer requirements.
Limitation of Liability
In no event shall Awakaza be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Awakaza has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with Awakaza related to any of the services shall be termination of such service.
In no event shall Awakaza’s entire liability to you in respect of any service, whether direct or indirect, exceed the last 3 months fees paid by you towards such service.
awakaza.com is operated under the laws and regulations of Sri Lanka.