 |
Terms
of Service |
|
Terms
of Service |
THIS
IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND XMPLAR MANAGEMENT SOLUTIONS LTD (hereinafter referred as
“Xmplar”) GOVERNING YOUR USE OF ZIP TIGER SUITE OF ONLINE BUSINESS APPLICATION SOFTWARE.
This
Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual
Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event
of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
You
must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, then
do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You
can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using
the Services.
We
provide multiple services by means of applications, which are used to simplify the business processes and enabling online collaboration. You may use these
Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using
any Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit
content with your user account and you can export the data using the export facility provided for your use.
We
may modify the Terms upon notice to you at any time through an announcement or by sending email to your primary email address. If we make significant
changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to
your primary email address. You may terminate your use of the Services by providing Xmplar notice by email within 30 days of being notified of the
availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with
use of the Services. In the event of such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Your continued
use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
You
need to sign up for a user account by providing all required information in order to access or use the Services. If you represent
an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user
accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address.
You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b)
maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that
is untrue, inaccurate, outdated, or incomplete, or if Xmplar has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or
incomplete, Xmplar may terminate your user account and refuse current or future use of any or all of the Services.
When
you sign up for an account for your organization you may specify a administrator. The administrator will
have the right to configure the Services based on your requirements and manage end users in your organization account.
You
are responsible for ensuring confidentiality of your organization account password, appointing competent individuals as administrators for managing your
organization account, and ensuring that all activities that occur in connection with your organization account comply with this
Agreement.
You
understand that Xmplar is not responsible for account administration and internal management of the Services for you.
You
are responsible for maintaining confidentiality of your username, password and other sensitive information. You agree
to inform us immediately of any unauthorized use of your user account by email to admin@ziptiger.com . We are
not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of
your user account, or otherwise.
The
Service may include certain communications from Xmplar, such as service announcements, administrative messages and newsletters. You understand that these
communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting
out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
The
Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by
Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a
free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit
Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit
Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free
plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Xmplar to charge the
subscription fee to the Credit Card last used by you.
From
time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will
not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription
plan.
In
addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party;
(ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website
terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any
personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any
manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Xmplar; (vii) violate any applicable local,
state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
You
agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for
the transmission of material that is unlawful, defamatory, harassing, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic,
obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may
infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail",
"spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the
Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We
reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data
associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion
policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate
service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient
to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will
not be considered inactive.
We
respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you,
your use of the Services does not grant Xmplar the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in
your user account for Xmplar’s commercial, marketing or any similar purpose. But you grant Xmplar permission to access, copy, distribute, store, transmit,
reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing
the Services to you.
You
may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the
consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by
search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive
from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute,
transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns
the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or
any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making
any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as
the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content
available in the manner aforementioned, you expressly agree that Xmplar will have the right to block access to or remove such
content made available by you if Xmplar receives complaints concerning any illegality or infringement of third party rights in such content. By using any of
the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or
infringement of third party rights in such content by the agent designated by Xmplar for this purpose.
ZIPTIGER
Assess logo is a trademark of XMPLAR Management Solutions Pvt Ltd. You agree not to display or use, in any manner, the Xmplar trademarks, without Xmplar’s
prior permission.
Each
party shall indemnify, defend and hold the other party (and all officers, directors, employees, Referrals, and affiliates thereof) harmless from and against
any and all actions, proceedings, claims, demands, losses, costs including legal costs, assessments, charges, awards, damages (including without limitation
interest, penalties, and attorney’s fees and disbursements) arising directly or indirectly as a result of any third party claims , and/or any loss, damage,
expense, judgment, lien, suit, cause of action, demand or liability that may arise or which may at any time be suffered or incurred by, or be assessed
against, any and all of them, directly or indirectly, on account of or in connection with: (i) such party’s default under any provision herein, breach of
any representation or warranty herein, or failure in any way to perform obligation hereunder; or (ii) negligent acts or omissions or the willful misconduct
of such party or its employees, Referrals, contractors or invitees in performance or discharge of any obligations under this Agreement.
Any
controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of
the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be
conducted in Bangalore and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Notwithstanding anything to the contrary, Xmplar may at any time seek injunctions or other forms of equitable relief from any court of competent
jurisdiction.
We
may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods
of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to
admin@ziptiger.com
within thirty days of being notified about the suspension. We may terminate a suspended or disabled user
account after thirty days. We will also terminate your user account on your request.
You
have the right to terminate your user account if Xmplar breaches its obligations under these Terms and in such event, you will be entitled to prorated
refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as
your email address and password and deletion of all data in your user account.
If
you have any questions or concerns regarding this Agreement, please contact us at
admin@ziptiger.com.