Terms and Conditions

1. Parties and Agreement

These Terms and Conditions ("Terms") are a legally binding agreement between you and RSK Online Services Private Limited.

By downloading, installing, registering, or using the OnMarQ360 mobile application or web portal, you confirm that you have read, understood, and agree to these Terms in their entirety.

2. Service Description

OnMarQ360 is a cloud-based HR and workforce management platform providing:

• GPS geofence-based attendance tracking
• Leave application and approval management
• Salary advance and expense claim processing
• Helpdesk and employee ticket management
• Payslip access and financial records
• Performance reviews and feedback
• Role-based access control (RBAC) for multi-organization administration
• Notifications, approvals, and HR workflows

The Service is offered on a Software-as-a-Service (SaaS) subscription model to organizations (Clients). Employees access the Service solely through their employer's subscription.

3. Eligibility

To use this Service, you must:

• Be 18 years of age or older
• Be an employee, contractor, or authorized representative of an organization holding a valid OnMarQ360 subscription
• Use the Service only in the jurisdiction permitted by your employer and applicable law
• Have the legal capacity to enter into a binding agreement under the laws of your country of residence

4. Account Access and Security

• Your login credentials are issued by or through your employer
• You are responsible for maintaining the confidentiality of your credentials
• You must immediately notify your employer's HR/IT department and us at tech@rskonlineservices.com if you suspect unauthorized access
• You must not share your login credentials with any other person
• We are not liable for losses resulting from unauthorized access due to your failure to keep credentials secure
• Upon termination of your employment, your access will be revoked by your employer

5. Acceptable Use

You agree to use the Service only for its intended lawful HR and attendance management purposes. You must NOT:

Fraudulent or Deceptive Use:

• Clock in or out using a spoofed, mocked, or falsified GPS location
• Submit false leave requests, expense claims, or salary advance applications
• Impersonate another employee or use another person's credentials

Technical Interference:

• Reverse engineer, decompile, disassemble, or attempt to extract source code from the app
• Probe, scan, or test the vulnerability of our systems without written authorization
• Introduce viruses, trojans, ransomware, or any other malicious code
• Circumvent, disable, or tamper with security, authentication, or access control features
• Use automated bots, scrapers, or crawlers to access the Service

Violations may result in immediate suspension of access, termination of the Client's subscription, and civil or criminal legal action.

6. Location Data — Explicit Consent

By using the attendance clock-in/clock-out feature, you explicitly consent to:

• Collection of your precise GPS coordinates at the time of each clock-in and clock-out event
• Validation of those coordinates against the authorized geofence configured by your employer
• Storage of location-stamped attendance records visible to your employer's authorized administrators
• Retention of such records for up to 90 days in GPS log format and up to 5 years as part of attendance records

You understand that location is not collected continuously — only at the moment of clock-in/clock-out, and your employer determines which geofences are configured.

7. Intellectual Property

All software, code, algorithms, trademarks, logos, brand names, user interfaces, content, and technology within the Service are the exclusive property of RSK Online Services Private Limited and are protected by Indian law.

You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to use the app solely for its intended purpose within your employer's subscription.

You may not copy, reproduce, distribute, create derivative works, sublicense, sell, or remove any copyright or proprietary notices from the Service.

8. Service Availability and SLA

• We target 99.5% monthly uptime for the Service, excluding scheduled maintenance
• We will provide reasonable advance notice of scheduled maintenance where possible
• We are not liable for downtime caused by third-party infrastructure failures, force majeure events, or issues outside our reasonable control

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Accuracy or completeness of data
• Uninterrupted or error-free operation

We do not warrant that the Service will meet all of your requirements at all times, or that it will be available during emergencies.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages
• Our total aggregate liability shall not exceed the amount paid by the Client for the Service in the three calendar months immediately preceding the event giving rise to the claim
• We are not liable for employment decisions made by your employer using data from our platform
• We are not liable for GPS inaccuracies caused by device hardware or signal interference

11. Termination

We may suspend or terminate your access to the Service:

• Immediately upon termination of your employer's subscription
• If you violate any provision of these Terms
• If we receive a lawful direction from a government authority
• If your use poses a security risk to our systems or other users
• If required by applicable law

Upon termination, your right to use the Service ceases immediately and we will retain and delete your data in accordance with our Privacy Policy.

12. Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict of law principles.

Step 1 — Informal Resolution:

Before initiating formal proceedings, the parties shall attempt to resolve any dispute through good-faith negotiations for a period of 30 days after written notice of the dispute.

Step 2 — Arbitration:

If informal resolution fails, disputes shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended):

• Seat and venue: Nagpur, Maharashtra, India
• Number of arbitrators: 1 (sole arbitrator, mutually agreed upon)
• Language: English
• Costs: Shared equally unless the arbitrator decides otherwise

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• In-app notification
• Email to the registered Client contact
• Notice on our website at least 15 days before the effective date

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance.

15. Contact

For any questions, concerns, or legal notices regarding these Terms:

• General enquiries: admin@rskonlineservices.com
• Technical and privacy matters: tech@rskonlineservices.com
• Legal notices: admin@rskonlineservices.com