By accessing the Formly application developed by Hemani Consultancy services Ltd (“HCS”) on a device, you agree to the following terms and conditions governing your use of Formly application (collectively, the “Services”). If you are agreeing on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the Services.
HCS does not own any data, information or material that you submit to the Services in the course of using the Services (“Customer Data”). You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and HCS is not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
All non-personally-identifying information, potentially personally-identifying and personally identifying-information is stored in a restricted database.
You agree to notify HCS immediately of any unauthorized use of the Services of which you become aware or any other known or suspected breach of security.
If you are a customer who is operating as “data controller” as defined in the European General Data Protection Regulation 2016/679 (“GDPR”) we have added some additional terms below to address your obligations under this law. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the HCS privacy policies.
GDPR Terms for Customers
These additional terms will apply to you, where you are a customer operating as a “data controller” of “personal data” of “data subjects” located in the EU (as those terms are defined in the GDPR) in your use of the Services.
The terms “personal data,” “data subject,” “processing,” and “processor” shall have the meanings given to those terms respectively in the GDPR.
By requesting the Services and agreeing to these Terms and the HCS privacy policies, you are providing us with instructions to process any personal data collected by you through the Service, on your behalf.
You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to HCS so that HCS may lawfully process and transfer the personal data in accordance with these Terms. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal data processed by HCS in the provision of the Services.
Where HCS is processing personal data on your behalf, it will:
(a) only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and the HCS privacy policies constitute such documented instructions;
(b) ensure that all HCS personnel involved in the processing of personal data have committed themselves to confidentiality;
(c) where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations under Article 28 of the GDPR, where such information is held by HCS and is not otherwise available to you through your account and user areas or on HCS websites, provided that you provide HCS with at least 14 days’ written notice of such an information request;
(d) promptly notify you of all requests received directly from a data subject in respect of that data subject's personal data submitted through the Services;
(e) upon deletion by you, not retain personal data from within your account other than in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes (which are also deleted no later than 9-12 months after data is deleted from an account); and
(f) to the extent reasonably able, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving the Services.
Limitations of Liability
You expressly understand and agree that HCS shall not be liable to you or to any third party for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Representations and Warranties
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on "AS IS" basis, without warranty of any kind. Without limiting the foregoing, HCS does not represent or warrant to you that: (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the Services will be accurate, reliable or without error; and (d) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
A small number of customers are responsible for generating large volumes of traffic, which can impact the Services HCS offer to other customers. Our fair usage policy is designed to ensure that all of our customers receive a fast and reliable Services.
If, in HCS opinion, you are abusing the Services in any way, exceeding fair use policy then HCS reserve the right to suspend or terminate the customers ability to share forms.