By signing up for the ecareIBE/REZOFY service (“Service”) or any of the services of ecare Technology Labs Pvt. Ltd. (“ETL”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. ETL reserves the right to update and change the Terms of Service by posting updates and changes to the ETL website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Section 1 – Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that ETL will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. ETL cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your ETL account (“IBE”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of ETL will result in an immediate termination of your services.
Section 2 – Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Upon completion of sign up for the Service, ETL will configure available credential (test/production) of suppliers and associated data in the standard off-the-shelf user interface provided by ETL.
- For supplier integrations and certification, ETL’s standard supplier integration process, assumptions and terms & conditions shall be followed, in effect at the time that the Services are provided. ETL may amend the Support Services Policy in its sole and absolute discretion from time to time. (Please review the suppliers and certification related information here)
- You acknowledge that credential (test/production) of suppliers provided by you and any transaction on these systems will be yours account(s) with suppliers and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of these accounts active, it is your responsibility to deactivate them.
Section 3 – General Conditions
- Technical support is only provided to paying account holders and is available via available support channels including but not limited to email, project management tool (“PMT”).
- You may not use ecareIBE service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of honorable courts of Chennai, Tamilnadu, India.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ETL.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use ETL or ETL trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your account information and associated data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Your Acknowledge and agree that any amount paid to ecare Technology Labs Pvt. Ltd. for the one time Setup cost or monthly subscription charges is non refundable and customers have no right to claim any refunds of any nature, irrespective of the reason or grounds.
- ETL does not provide any APIs or content, Customer shall procure all/Any APIs as per the requirement including but not limited to SMS, Email APIs. at it’s own discretion ETL may configure available open source/free email sender API during trial period, which has limited numbers.
Section 4 – ETL Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove IBE and containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any ETL customer, ETL employee, member, or officer will result in immediate account termination.
- ETL does not pre-screen account information and associated data and it is in their sole discretion to refuse or remove any account information and associated data that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that ETL employees and contractors may also be ETL customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- ETL retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, ETL reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
Section 5 – Limitation of Liability
- You expressly understand and agree that ETL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall ETL or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ETL partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- ETL does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- ETL does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- ETL does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Waiver and Complete Agreement
The failure of ETL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ETL and govern your use of the Service, superseding any prior agreements between you and ETL (including, but not limited to, any prior versions of the Terms of Service).
Section 7 – Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the ETL service. All material you upload remains yours. You can remove your IBE at any time by sending an email to email@example.com. This will also remove all content you have stored on the Service.
- By uploading any data, you agree: (a) to allow other internet users to view your data; (b) to allow ETL to display and store under your account; and (c) that ETL can, at any time, review all the data submitted by you to its Service.
- You retain ownership over all data that you upload to IBE; however, by making your IBE public, you agree to allow others to view your content. You are responsible for compliance of IBE Content with any applicable laws or regulations.
- You retain ownership over all content that you submit to an IBE however, by making your IBE public, you agree to allow others to view your content.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- ETL keeps nightly backup of application and database on standby system to ensure restore of application and your data.
- ETL takes time bound hot backups to keep data loss at minimal.
- In case of data loss, crashes, system failure or any event which cause data loss and application crash, ETL will try to restore application and data from its best available backups but does not guarantee data recovery and shall not be held liable for any loss of data, irrespective of the reason.
- Any new product functionality/feature in ecareIBE/REZOFY developed by ETL on demand by customer, free of cost or on paid basis, including but not limited to the API integrations, Features, Functiionality/Modules, shall be and remain property of ETL.
- Any image or content uploaded by ETL for and during the trial period may not be copyrighted and customer shall make check, use and upload content accordingly.
Section 8 – Availability, Support and Training
- ETL shall make endeavors to make the Services available 24 hours a day, seven days a week, except for – 1.) planned maintenance carried out during the maintenance window, which shall be intimated in advance. & 2.) Unscheduled maintenance performed outside Normal Business Hours, provided that ETL has used reasonable endeavours to give the Customer at least 6 Normal Business Hours’ notice in advance. & 3.) Any scheduled/unscheduled maintenance carried out by the Infrastructure provider. 4.) Any Outages because of the infrastructure provider.
- ETL shall make endeavors to make the Services available 24 hours a day, seven days a week however, ETL does not guarantee any compensation for any loss or notional loss incurred because of non availability of site.
- ETL will, as part of the Services and at no additional cost to the Customer, provide the Customer with ETL’s standard customer support services during Normal Business Hours (10:00 AM IST to 07:00 PM IST) in accordance with ETL’s Support Services Policy in effect at the time that the Services are provided. ETL may amend the Support Services Policy in its sole and absolute discretion from time to time. Support will be limited to software fixes, amending any coding errors or any other fault caused by ETL. It will not include any upgrades or changes as required by the customer at any given point of time.
Section 9 – Payment of Fees
- ETL will raise invoice on 1st of every month for the transaction of previous month and the same shall be paid you with-in 3 days of receipt via Cheque/online Transfer.
- In case of non-receipt of the payment for minimum monthly committments/per ticket/booking fees, ecareIBE shall be stopped and account suspended with immediate effect and ETL shall reserve the right to delete the application and database instance and associated information/data. Unless all the existing dues are paid, customer may have no right to claim the information as stored in the Application. Even after making due payments, application data can be restored with in 8 weeks of the final notice, beyond which no data can not be restored.
- If you decide to reactivate any deleted account (irrespective of the reason it was deleted), no old data can be resotred.
- All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- ETL does not provide refunds, irrespective of the reason/claim.
Section 10 – Cancellation and Termination
- You may cancel your account at any time by emailing firstname.lastname@example.org and then following the specific instructions indicated to you in ETL’s response.
- Once cancellation is confirmed, all of your IBE will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the ETL service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, ETL may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Section 11 – Modifications to the Service and Prices
- Prices for using Service are subject to change upon 30 days’ notice from ETL. Such notice may be provided at any time by email form ETL.
- ETL reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- ETL shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Section 12 – Governing Law
These TOS shall be governed by the laws of the Honorable’ Courts of Chennai, Tamilnadu, India without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of the Chennai for the purpose of resolving any dispute relating to Your access to or use of the Service.