THESE TERMS CREATE LEGAL OBLIGATIONS WITH RESPECT TO YOUR ACCESS TO AND USE OF THE WEBSITE, APPLICATIONS, PRODUCTS, SITES AND/OR WEB SERVICES. BY CLICKING ON “I AGREE” YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND ACKNOWLEDGE THEM AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
Effivity Technologies LLC with registered office at 616 - Corporate Way, Suite 2 #5321, Valley Cottage, New York 10989, USA (“Effivity”, “Company”, “we”, “us” and terms of similar meaning) has developed and maintains the website www.effivity.com (“Website”) and its related tools and services thereof, including but not limited to services provided through any software developed and/ or owned by the Company used to provide, enable or support a cloud based SaaS solution (“Application”). The Company provides access and use of such cloud based SaaS solutions along with all its components by or through this Website to its Users (defined below) subject to these terms and conditions of use ("Terms”).
In these Terms, our customers and the persons to whom they give access to their Effivity account are called “Subscribers”. In these Terms, users of the Services (any natural or legal person who has access and is using the Website), whether they are Subscribers, Customers, members of the Effivity forum, people who post comments on the Effivity blog, or casual browsers of the Website, are called “Users”. In case You are representing an incorporated entity, you hereby confirm that You have been expressly authorised by such entity to consent to the terms and conditions of this Agreement (User”, “You”, “Your” and terms of similar meaning).
These Terms set forth the legally binding terms of Your use of the Website, its related services and Application. By proceeding further, you confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein. Your continued usage of the Website after any change by Us constitutes Your acceptance of the amended terms. The Website, Application and its related services are for your own use only. You may not resell, lease or provide them in any other way to anyone.
You acknowledge that the Application is made available through www.effivity.com Website using subscription model of billing subject to these Terms. We provide business process automation software for productivity enhancement including but not limited to publicly available standards issued by the International Organization for Standardization.
You shall be solely responsible for any activity that occurs through Your user account and shall not hold Us liable in this regard, for any reason whatsoever. Company shall not have any obligation or culpability for any data submitted on Your user account or any data used or misused whether submitted, utilised or misused by You, Your representatives or any third party, whether or not acting on Your behalf.
You as a user understand that Effivity.com is a facilitation tool to the entities who are willing to implement or willing to adhere to the ISO Standards issued by the International Organization for Standardization. That we are not an assessment body / certification body / accreditation body for providing certification for ISO Compliance. That the usage of Effivity.com is voluntary to comply with ISO standards and the International Organization for Standardization nowhere mandatory requires to use the same. That Effivity.com in no way has any sort of relation with the International Organization for Standardization. We are independent body and has no relationship with any certification body and accreditation body. Effivity software has been designed keeping various standards issued by International Organization for Standardization into consideration and allows users to achieve required level of compliance. Since the certification is provided at the sole discretion of the certification body as per accreditation body regulations and applicable standards, we do not guarantee that user will be able to achieve certification successfully just by using our services or by subscribing to Effivity.
If you register/ subscribe for our services, you agree to provide full, complete and accurate information as may be required for registration and also agree to update the information as and when there is change in the information provided by you. Effivity Technologies LLC provides subscribers with specific Effivity user accounts upon registration which shall have a specific Effivity login ID and Password and the same cannot be transferred or used by anyone other than the subscriber. By submitting Your information on the Website, You hereby expressly consent to Us using Your information. You hereby accept all risks of unauthorized access to the user account and access to Registration Data and any other information you provide to Effivity, for example hacking or unauthorised access to your account. You shall accept the responsibility of the damages caused to you by reason of your negligence and unauthorized access to your Effivity account, without any liability to the Company. Your right to be a registered user is subject to Our confirmation. We shall under no circumstances be liable for the authenticity of Your information submitted on this Website as a registered user.
In these Terms the content available through the Website, Applications and/or related services, including all information, data, logos, marks, designs, graphics, pictures, video files, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Subscribers or Users, is called “User Content”. User Content is that User’s property. Each time You upload any User Content,You grant the Company a worldwide non-exclusive, royalty free license to use any such User Content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such User Content. You accept that such license will not terminate upon Your deletion or removal of the relevant User Content or other uploaded User Content in respect of which it is granted; and shall continue to be used by the Company, on the Website at its discretion.
You are solely responsible for the User Content that you upload or submit or send to or exchange on the Website. We shall under no circumstances be responsible for any claims made by a third party in respect thereof. In the event that any of your content is not permitted to be uploaded or provided through the Website due to any applicable law, then We shall have the right to remove Your content, without prior approval from You. We will make reasonable efforts to notify You of such removal of the content, with or without reasons.
Effivity’s only right to that User Content is the limited licenses to it granted in these Terms.
1. All copyright, database right and all other proprietary rights, title and interest in all User Content uploaded or made available by You and/or information presented on this Website is owned by and/or licensed to the person uploading such content and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.
2. Your use of this Website does not confer on You or any other party any other rights under the intellectual property or other proprietary rights of the Company, whether implied or otherwise, except as provided under these Terms in which case also only a limited, non-exclusive, non-transferable, paid-up and revocable right to access and use the Application shall be granted.
3. The Company shall not be held liable for any third party claims relating to infringement of any intellectual property rights in relation to the User Content on the Website.
Other than the User Content, the services, all Content and all software available on the services or used to create and operate the services is the property of Effivity, and is protected by applicable copyright laws, and all rights to the services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Effivity.
As between You and the Company, the SaaS based Application and all intellectual property rights covering or embodied in the SaaS solution (including, without limitation, copyrights, trademarks, trade secrets) are the sole property of the Company. These Terms do not grant You any title or ownership interest in the SaaS based Application or any of its components, but grants You only a limited right to access and use it for the duration of Your subscription on payment basis.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
All material on this site, including images, illustrations, graphics, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, icons, and hyperlinks, are protected by copyrights, trademarks are owned and controlled by Effivity.com unless otherwise noted. ISO is a trademark and property of International Organization for Standardization and we do not claim any right over it. Usage of term ISO on the website or in the software is just to describe specific requirement from a particular standard. We use “ISO” for knowledge purpose and representation purpose only and don’t aim to demonstrate any relationship/ownership with “ISO” or its intellectual rights. You agree to not use, copy, reproduce, republish, or distribute any content from the Website in any way directly or indirectly without prior written authorization from effivity.com.
The subscription fees and other charges relating to subscription of our Application and related services are mentioned on our Website. The fees and charge may change from time to time and the notice of at least 30 days shall be given for such change. Once the subscription fee is paid by the subscribers the same shall not be refundable under any circumstances. You are responsible for all the taxes applicable to the fees and charges in any applicable jurisdiction. It is agreed that that neither the Company nor any of its affiliated third parties shall be obligated to provide services or access to the Application, unless successful payment has been made for the subscription to the Application and its related features and services.
You can make payments for Your subscription online through the Website by way of banking methods offered on the Website (“Online Payments”). You understand that certain Online payments may be restricted to certain banks only, in which case You may be required to choose an alternate payment method. You understand that We use a third party registered payment gateway provider of the requisite Online Payments and you may be subject to the terms and conditions of such payment gateway. We shall not be held liable for any action/ inaction, loss or damage incurred by You arising out of the use of such third party payment gateway provider, for any reason whatsoever. We use safe and trusted payment gateway partners to ensure that a secure encryption technology is used to protect Your transaction details at all times. You can choose the mode of payment on the Website at the time of making payment for subscription of the Application and/ or related services.
For the purposes of making Online Payments, You agree to provide all information necessary for the processing of such payments including but not restricted to Your internet banking details, passwords, billing address, etc., as applicable. You agree, confirm and understand that the details provided by You for this purpose are true and accurate. You shall not use internet banking facilities which are not lawfully owned by You/ for which You are not authorised to use. The banking information provided by You will not be utilised or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
You hereby indemnify the Company for any action or inaction on Your part which occurs consequent to or arises from the use of any payment mechanism including in respect of any declining of authorisation for any transaction or for any direct or indirect loss or damage arising on account of such decline of authorisation or fraudulent use of the internet banking account. You acknowledge that in the event the payment is declined, for any reason whatsoever, Your subscription will stand unaccepted and You shall be notified of such subscription failure through the Website.
Your banking details and any other information pertaining to the payment for Your subscription shall be encrypted and transmitted as such. You agree to be solely liable for the fraudulent use of the banking details and the onus to “prove otherwise” shall be exclusively on You. You further confirm and undertake that You are aware and are in compliance with all the banking regulations and other applicable laws amended from time to time, and any other legal provision in relation to Your use of the internet banking facilities provided to You. The Company shall not be liable, for any reason whatsoever for Your failure, neglect or non-compliance of such applicable law.
Any fraudulent use of this Website or Application or applicable payment method to subscribe to the Application or its related services or functionalities, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for the fraudulent use of this Website, Application or its related services or functionalities or for any other unlawful act or omission in breach of these Terms.
Effivity.com has facility of maintaining data backup periodically for your benefit. However we do not guarantee accuracy and availability of such backup due to any reason and the Company shall be absolved of any liability on account of any loss or unavailability of such backup data.
Effivity Technologies LLC grants you a limited revocable, non-exclusive, non-sub licensable license to access and use the SaaS based Application and/ or its related services and to view, copy and print the portions of the Content available to you through the Application and/or its related services.
Such license is subject to these Terms, and specifically conditioned upon the following:
(i) you may only view, copy and print such portions of the Content for your own use;
(ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms;
(iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
(iv) you may not use any data mining, robots or similar data gathering or extraction methods; and
(v) you may not use the Services or the Content other than for their intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in these Terms and your account with us. Any such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in these Terms is revocable by Effivity at any time.
Your use of any Add-on is governed by the end user license agreement that applies to that Add-on, and not by these Terms. That end user license agreement is an agreement between you and the provider of that Add-on, and you acknowledge that that end user license agreement is a binding agreement between you and that provider of that Add-on. Your use of the service through that Add-on, including any Content that may be delivered to you through the Add-on, is subject to these Terms.
You represent and warrant that your use of the Application and/or related services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our Company. You represent and warrant that your use of the Application and/or related services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact Effivity at the address set out at the end of these Terms.
You may not use the Application and/or related services or the content other than for intended purpose. Any unauthorized use terminates the permission or license granted by Effivity Technologies LLC under these Terms.
We do not claim any ownership interest in your User Content, but We do need the right to use your User Content to the extent necessary to operate the Website and provide access to the Application and/ or its related services, now and in the future. For an example, during usage of application, user may encounter a problem and request our technical support to help him with problem/issued being faced. In this case our technical support may access your content with limited access and permissions just to view your account or particular screen so that required support may be provided. This is done without any intention to get access to your data or use your data. In no case we shall share your content or information captured / created in Effivity with any other subscriber except with government or regulatory authorities on need-to-know basis.
The Company shall be entitled to use third parties for rendering and completion of the services. The Company shall be entitled to share Your information/ material with such third party service providers, for the purpose of fulfilment of the services.
The web services that we provide through Application may include discussion forums, bulletin boards, review services or other forums in which You or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If Effivity provides such Interactive Areas, You are solely responsible for Your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the services any of the following:
Effivity has a “zero-tolerance” policy towards SPAM: You may not use the Interactive Areas or the services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Application along with related services.
We make no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. We use services from external providers for design of website, hosting of data and our application, credit card/payment processing, CRM to manage customer lifecycle with Effivity, Accounting software to manage billing, invoicing, receipts etc. Effivity may decide to add/edit external service providers from time to time without information any stakeholders including subscribers. Such external service providers are not under the direct control of our company and we shall not be responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We also provide login facility from open ID such as google, facebook and linkedin, these website while giving access to login collects your certain information from our database, the disclaimer of the same may or may not be available while logging in, you can at your sole discretion advised to decide usage of these services. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
Your usage of our Website, implies to give permission to let “Effivity Technologies LLC” use Your name or name of Your company (in case User is a business entity) as customer of “Effivity” and as deemed fit may be covered under client list, testimonials, case study, video interview or mention on any other media without any fees/commercial payment. Effivity Technologies LLC may run advertisements and promotions from third parties on the services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Effivity Technologies LLC, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Effivity Technologies LLC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the services.
The Website, Application, the Content and the related services are provided to You on an “as is” basis without warranties from Effivity Technologies LLC of any kind, either express or implied. Effivity Technologies LLC expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Effivity Technologies LLC does not represent or warrant that Website, the Application, the Content or the related services are accurate, complete, reliable, current or error-free.
While Effivity Technologies LLC attempts to make your access to and use of the Application and related services safe, Effivity Technologies LLC does not represent or warrant that the Site, the Content or the Services are free of viruses or other harmful components. Effivity Technologies LLC does not make any warranty of any kind with respect to freedom from patent, trademark or copyright infringement, or theft or trade secrets and does assume any liability hereunder for any patent, trademark or copyright infringement arising from Your use of the Application or its related components.
You waive and shall not assert any claims or allegations of any nature whatsoever against Effivity, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Website, the Content, the Add-ons, Application or the services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless You or any third party from any claim or allegation arising from Your use or other exploitation of the Website, Application the Content, the Add-ons or the services. You use the Website, Application, the Content, the Add-ons and the services at your own risk.
Without limitation of the foregoing, neither Effivity nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data or inability to use the Application, software, its component or features or derivatives thereof, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website, Application, the Content, the Add-ons or the services, including without limitation any damages caused by or resulting from your reliance on the Website, the Applciation, Content, the Add-ons or the services or other information obtained from Effivity or any other Released Party or accessible via the Website, Application, the Content, the Add-ons or the services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Effivity or any other Released Party's records, programs or services.
In no event shall the aggregate liability of Effivity, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Website, the Content, the Add-ons, application or the services exceed any amounts paid by You for access to or use of the Website, Application, the Content, the Add-ons or the services, as the case may be, during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless Effivity and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of Your access and use of the Website, Application, the Content, the Add-ons and the services, and if you are a Subscriber, from Your Customers’ use of the Application and/or services and from the use of the Website, Applications, the Content, the Add-ons and the services by any person to whom you give access to your account (including staff or advisors), including any claims made by any person that any of Your, and if You are a Subscriber, Your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party.
When You use the Website or send emails or other data, information or communication to Effivity.com, You agree and understand that You are communicating with Effivity.com through electronic records and you consent to receive communications via electronic records from Effivity.com periodically, as and when required. Effivity.com may communicate with you by email, sms, and telephone or by such other mode of communication, electronic or otherwise and You agree that all such communications to You electronically satisfy any legal requirement that is required of such communication in writing. Your use of the website entitles you to receive periodic communication regarding Effivity.com services through email, sms, telephone or by such other mode of communication, electronic or otherwise. You undertake to maintain Your e-mail address for all communications with Us. If you wish to not receive periodic informational communication from Effivity.com you can unsubscribe to the communication through your account settings.
1. That you are competent to contract as per the applicable laws.
3. That you have and will continue to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
4. That we will not be responsible for verifying any content or information provided by You to Us.
5. That You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorised such activities or actions and shall, at all times, keep Company indemnified in this regard.
6. You agree and undertake to use the Website strictly abiding by the following principles
You agree to use this Website and enter into agreement to subscribe to the Application and related services at your sole risk and that to the fullest extent permitted under applicable law, You agree to waive, any legal or suitable rights or remedies that You may have against the Company in relation to the Website and the content that may be deemed inaccurate, offensive, indecent or objectionable to You.
Upon termination or cancellation of your subscription, You shall not access or use or assist any other person to access or use Website for the following purposes:
1. Any unauthorised use, including without limitation any usage of the content provided on the Website not in conformity with the rights granted with respect to the same, may violate third party intellectual property rights as well as the laws of privacy for which You shall be solely responsible;
2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or o otherwise breaches any relevant laws, regulations or code of practice;
3. Breaching any applicable laws;
4. Using or attempting to use any engine, software, tool, agent or other device or mechanism to manipulate the Website or Application or to reverse engineer it by copying, modifying, decompiling or dissembling; and/ or
5. Gaining or attempting to gain unauthorised access to any part or feature of the Website or Application or any other systems or networks connected to the Website or to any server, computer network, by hacking or any other illegitimate means.
Effivity Technologies LLC reserves the right to cancel/terminate subscription for any reason without any prior notice which will prevent you to access our Application and related services. Once the subscription fee is paid by the subscriber, it is not refundable under any circumstances. However the subscribers can upgrade or downgrade(with limitations on features available during downgrade) their subscriptions which shall have effect from the subsequent billing cycle. Once the account of subscriber is cancelled by Effivity Technologies LLC he shall not be able to re-register himself without a written consent from Effivity Technologies LLC if cancellation was for any other nature apart from non-renewal of subscription. If he re-register himself without a written consent from Effivity Technologies LLC all dues and fees paid to date regardless of whether service has been rendered or not, shall be forfeited. Additionally, any amounts due shall be immediately payable. The Company also reserves its right to cancel or terminate subscription on occurrence of a force majeure event.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted by You is proprietary information of Effivity Technologies LLC. All such information is confidential and may not be disclosed. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any proprietary information belonging to the Company in any manner. Any party seeking to report any other potential violations of these Terms may contact Effivity Technologies LLC via email support at effivity.com.
You are bound to renew your subscription with Effivity.com to enjoy the services, failing which your account will be terminated immediately. Your data, if any, stored in our system shall be retrieved for 15 (fifteen) days from the date of expiry of your subscription and after that the data shall be permanently deleted from your system. Although we will endeavor to communicate to you regarding your account expiry and renewal it shall be your sole responsibility to check regularly your account status and renewal dates.
You can upgrade and downgrade your subscription plan while renewing your account and the same shall be applicable for the relevant renewal term. However you shall not be able to downgrade your account if your resource consumption is greater than the desired downgrade plan, and unless & until you minimize your resource usage to desired downgrade plan.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our services to you and terminate the license granted to you. We shall notify you the same by email.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Effivity may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Effivity, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Effivity regarding your use of the Website, Application, the Content, the Add-ons and the services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Effivity regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
For any query or assistance, please contact us with subject line-Terms of Service.
616 - Corporate Way, Suite 2 #5321, Valley Cottage, New York 10989, USA
For technical support : techsupport[at]effivity.com
For general support : support[at]effivity.com
For privacy support : privacy[at]effivity.com
For grievances : complaints[at]effivity.com
The governing law shall be that of the state of New York and all disputes in relation to or arising out of these Terms shall be referred to the courts in New York.