EFFIVITY TERMS OF USE
Last updated on 14th June 2020
THESE EFFIVITY TERMS OF USE (THE �TERMS�) CREATE LEGAL OBLIGATIONS WITH RESPECT TO YOUR ACCESS TO AND USE OF THE WEBSITE WWW.EFFIVITY.COM (THE �WEBSITE�) AND THE RELATED SOFTWARE APPLICATIONS, PRODUCTS, AND SERVICES (COLLECTIVELY, �EFFIVITY�).
BY CLICKING ON �I AGREE� OR ACCESSING OR USING EFFIVITY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DISCONTINUE ANY ACCESS TO OR USE OF EFFIVITY.
Contents of the Terms
1. GENERAL INFORMATION
2. DISCLAIMER
3. THE USER ACCOUNT
4. PRIVACY
5. SUBSCRIPTION FEES AND OTHER CHARGES
6. INTELLECTUAL PROPERTY RIGHTS
7. LICENSE TO USE EFFIVITY
8. USER�S CONDUCT
9. THIRD-PARTY SERVICES AND INTERACTIVE AREAS
10. ADVERTISEMENT AND COMMERCIAL COMMUNICATION
11. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY; INDEMNITY
12. TERM, TERMINATION, AND MODIFICATION
13. MISCELLANEOUS
1.1 Effivity is owned and operated by Effivity Technologies Pvt Ltd having a registered business address at
A-4, Narsinhdham Society, Near Mother School, Gotri Road, Vadodara, 390021, Gujarat, India and any of its subsidiaries (the �Company�, �we�, and �us�). The Company provides access and use of Effivity along with all its components to individual users and business entities (the �User�, �you�, and �your�), subject to these Terms.
1.2 About Effivity. Effivity is business process automation software-as-a-service for productivity enhancement, including, but not limited to, publicly available standards issued by the International Organization for Standardization (�ISO�), such as ISO 9001, ISO 14001, ISO 22000, ISO 27001 and ISO 45001.
1.3 Applicability of the Terms. These Terms apply to your use of Effivity only. Unless provided otherwise by the applicable law, the Company is not responsible or liable in any manner for the acts and omissions of third parties, the quality of services provided by third parties, the content provided by third parties on Effivity, and security and privacy practices deployed by the operators of third-party websites, applications, and services referred to from Effivity.
1.4 Minors. Effivity is not marketed to and should not be accessed and used by persons who (i) are of age of minority in their jurisdiction or (ii) cannot conclude legally binding contracts in their jurisdiction.
2. DISCLAIMER
2.1 By accessing and using Effivity, you acknowledge and agree that:
i. Effivity is a facilitation tool to the entities that are willing to implement or willing to adhere to the standards issued by the ISO; and
ii. The Company is not an assessment body / certification body / accreditation body for providing certification for ISO compliance; and
iii. Your use of Effivity is voluntary to comply with ISO standards and the ISO nowhere mandatory requires to use the same; and
iv. Effivity in no way has any sort of relation with ISO; and
v. The Company is an independent body and has no relationship with any certification body and accreditation body; and
vi. Effivity is designed for keeping various standards issued by ISO into consideration and allows the User to achieve the 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, the Company does not guarantee that the User will be able to achieve certification successfully just by using Effivity.
3.1 Registration of the User Account. In order to access the services provided through Effivity, the User is required to sign up by creating a user account (the �User Account�). During the registration process, the User will be asked to submit the requested personal data, accept these Terms, and review our privacy policy. If the User does not agree with one or more provisions of the said documents, the User is not allowed to register the User Account; by registering the User Account, the User acknowledges and agrees that the User read the said documents. We reserve the right to monitor, review, approve or decline new User Accounts. We provide the Users with specific 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 User. By completing the registration of the User Account, the User acknowledges, agrees and warrants that the User will:
� Comply with these Terms and all applicable laws;
� Obtain all necessary authorisation and permission to create the User Account on behalf of a business entity;
� Provide full, complete and accurate information, including personal data, as may be required for registration and update the information as and when there is change in the information; and
� Be solely responsible for any activity that occurs through the User Account and shall not hold us liable in this regard, for any reason whatsoever; and
� Not keep the Company liable for the authenticity of any information submitted by the User through Effivity.
3.2 Authorisation to create the User Account. An individual acting on behalf of a business entity in accepting these Terms warrants and undertakes that the individual has the requisite power and authority to act on behalf of that entity and bind the entity to these Terms. By creating the User Account and providing the details of a business entity, the individual confirms that the individual is an authorised employee, contractor, or representative of the business entity and has the necessary rights and authority to act on behalf of that entity. The Company shall not be responsible in any manner and bear no liability for User�s activities carried out without such authorisation.
3.3 Security of the User Account. The User is solely responsible for maintaining the security of User�s login details. If any security breach or unauthorised use of the User Account occurs, the User must immediately notify us. The User is also responsible for using secure Internet connection and protected networks when accessing and using Effivity. The Company cannot and will not be liable for any loss or damage resulting from User�s failure to take precautions, as necessary to protect the User and User�s devices from viruses, malware, worms, Trojan horses, and other harmful or destructive content. The User hereby accepts all risks of unauthorised access to the User Account and any data related thereto that occurs outside Company�s reasonable control. The User shall accept the responsibility of the damages caused to the User by reason of User�s negligence, without any liability to the Company.
3.4 Deletion, suspension, and termination of the User Account. At any time, the User may delete the User Account by contacting us directly. Upon deletion of the User Account, these Terms shall terminate and the User shall stop using Effivity. The Company reserves the right to suspend, disable, or delete any User Account (or any part thereof) if the Company has reasonable grounds to believe, at its sole discretion, that the User has violated any provision of these Terms or that User�s conduct tends to damage Company�s reputation and goodwill. User Accounts deleted for the foregoing reasons cannot be re-registered. The User Account may also be suspended or terminated upon a lawful request of a public authority.
4. PRIVACY
4.1 Privacy Policy. Your privacy is very important to us. We have drafted our privacy policy available at https://www.Effivity.com/Privacy_Policy.htm (the �Privacy Policy�) and our cookie policy available at Cookie Policy to make important disclosures about what information we collect from you, for what purposes we use it, the steps we take to protect your personal data, and the rights that you have with regard to your personal data. We encourage you to read the Privacy Policy before you start using Effivity and to use it to help you make informed decisions.
4.2 Data processing agreement. In the instances where we act in the capacity of a a data processor under the EU General Data Protection Regulation (GDPR) and other applicable laws, we conclude with the Users a data processing agreement (�DPA�), which is incorporated by reference into these Terms. Our DPA governs the processing of personal data conducted by us on behalf of the Users and sets appropriate safeguards to ensure that such personal data is transferred and further processed in a safe and secure manner adhering to the highest data protection standards. Our DPA is available for consultation at Data Processing Agreement..
5. SUBSCRIPTION FEES AND OTHER CHARGES
5.1 The Subscription Fees. Effivity is provided on a subscription basis. The subscription fees and other charges relating to User�s subscription to Effivity (collectively, the �Subscription Fees�) are listed on the Website or communicated to the User personally. The User is responsible for paying all taxes applicable to the Subscription Fees in any applicable jurisdiction. Neither the Company nor any of its affiliated third parties shall be obligated to provide services or access to Effivity, unless the User has made a successful payment of the Subscription Fees.
5.2 Trial Period. The Company offers a 30-day trial period (the �Trial Period�). The Trial Period is not subject to the Subscription Fees and no charges will be made for the Trial Period. The Trial Period shall commence after the User registers for the Trial Period. Upon expiration of the Trial Period, the User shall be requested to choose one of the available subscription plans (the �Subscription Plan�), subject to the applicable Subscription Fees.
5.3 Recurrent payments. The Subscription Fees are charged automatically at the beginning of each billing cycle chosen by the User (monthly or annually). Unless the User cancels the Subscription Plan prior to the expiration of then-current subscription term, we will automatically renew the Subscription Plan based on its renewal cycle and will charge User�s payment method with the applicable Subscription Fees. The Subscription Plan must be cancelled at least 30 calendar days prior to expiration thereof to avoid automatic renewal.
5.4 Changes of the Subscription Fees. The Subscription Fees may change from time to time and the notice of at least 30 calendar days shall be given to the User holding a subscription plan for such a change.
5.5 Refunds. Once the Subscription Fees are paid by the User, the same shall not be refundable under any circumstances.
5.6 Payments. The payments of the Subscription Fees can be made on the Website by using a credit card, PayPal, or any other payment method available on the Website (collectively, the �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. Further, you understand that we use third-party registered payment gateway providers for the Online Payments and you may be subject to the terms and conditions of such third-party payment gateways. We use safe and trusted payment gateways to ensure that a secure encryption technology is used to protect your transaction details at all times. 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 providers, for any reason whatsoever.
5.7 Payment details. For the purposes of making the Online Payments, you agree to provide all information necessary for the processing of such payments, including your personal data, 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 or for which you are not authorised to use. The payment details 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.
5.8 You hereby indemnify the Company for any action or inaction on your part which occurs consequent to or arises from your Online Payments, including in respect of any declining of authorisation for any transaction or for any direct or indirect loss or damage arising on your User 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 to MyEasy ISO will stand unaccepted and you shall be notified of such subscription failure. Your payment details and any other information pertaining to your payment shall be encrypted and transmitted as such. You 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 your internet banking facilities. The Company shall not be liable, for any reason whatsoever, for your failure, neglect or non-compliance of such applicable laws.
5.9 Cancellation or modification of the Subscription Plan. You can upgrade and downgrade your Subscription Plan while renewing your User Account and the same shall be applicable for the relevant renewal term. The downgrade or upgrade of the Subscription Plan shall have effect from the subsequent billing cycle. However, you cannot downgrade your User Account if your resource consumption is greater than the desired downgrade plan, and unless and until you minimise your resource usage to desired downgrade plan. We reserve the right to cancel or terminate your Subscription Plan or the User Account for any reason without any prior notice which will prevent you to access Effivity. Once the User Account is cancelled by the Company, the User shall not be able to re-register without a written consent from the Company, if cancellation was for any other nature apart from non-renewal of the Subscription Plan. If the User re-registers without a written consent from the Company, all fees paid to date regardless of whether the ordered services have been rendered or not, shall be forfeited. Additionally, any amounts due shall be immediately payable by the User. The Company also reserves its right to cancel or terminate any Subscription Plan on occurrence of a force majeure event.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Company�s Content. Most of the content available on Effivity, including all information, software, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, utility models, designs, know-how, trade secrets, inventions (patent pending), goodwill, source code, meta tags, databases, text, content, icons, hyperlinks, other files, and their selection and arrangement (collectively, the �Company�s Content�) is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers. The Company�s Content is protected by applicable intellectual property laws and international treaties. All trademarks, registered trademarks, product names and company names or logos mentioned on Effivity are the property of their respective owners. Reference to any products, services, processes or other information by a trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company. These Terms do not grant the User any title or ownership interest in Effivity or the Company�s Content, but grants the User only a limited right to access and use Effivity for the duration of User�s Subscription Plan on payment basis. The User agrees not to use, copy, reproduce, republish, or distribute Company�s Content in any way directly or indirectly without prior written authorization from the Company.
6.2 User�s Content. Any content created, uploaded, or submitted by the User through Effivity (the �User�s Content�) is the sole responsibility and property (if applicable) of the User providing that content. User�s Content includes, but is not limited to, employee-related records, personal data, documents, manuals, procedures, reviews, checklists, photos, and videos. Each time the User uploads the User�s Content, the User grants the Company a worldwide, non-exclusive, royalty free license to use any such User�s Content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such User�s Content, for the purpose of providing, maintaining, and operating Effivity. The Company shall under no circumstances be responsible for any claims made by any third party in respect thereof. In the event that the User�s Content is not permitted to be uploaded or provided through Effivity due to any applicable law, then the Company shall have the right to remove the User�s Content without prior approval from the User. The Company will make reasonable efforts to notify the User of such removal with or without reasons. The Company shall have no responsibility or liability for any loss or damage the User�s Content may cause to the User or other people. Although the Company has no obligation to do so, the Company has the absolute discretion to remove, screen or edit without notice any User�s Content posted or stored on Effivity, and it may do this at any time and for any reason.
6.3 Backup. The Company backs up data on Effivity, including User�s Content, periodically for User�s benefit. However, the Company does 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. The User is solely responsible for maintaining copies of and replacing any User�s Content.
6.4 By using Effivity, the User agrees and confirms that:
vii. All copyright, database rights, and all other proprietary rights, title and interest in all User�s Content uploaded or made available by the User is owned by and/or licensed to the person uploading such content and is or may be protected or covered by copyright, trademark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise; and
viii. User�s use of Effivity does not confer on the User or any other party any other rights under the intellectual property or other proprietary rights to Effivity and the Company�s Content, 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 Effivity shall be granted; and
ix. 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�s Content.
6.5 ISO trademark. ISO is a trademark and property of the International Organization for Standardization and the Company does not claim any right over it. Company�s usage of the term ISO on Effivity is just to describe specific requirement from a particular standard. We use the term ISO for knowledge and representation purposes only and we do not aim to demonstrate any relationship/ownership with the ISO or its intellectual rights.
6.6 Copyright infringement claims. If you have any grounds to believe that any content available on Effivity violates your or third party�s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
7. LICENSE TO USE EFFIVITY
7.1 Effivity is for your own professional use only. The Company hereby grants you a revocable, non-exclusive, non-transferable, worldwide, and limited license (the �License�) to use Effivity pursuant to these Terms. You may not resell, lease or provide Effivity in any other way to anyone. The License in these Terms is revocable by the Company at any time.
7.2 The License is subject to these Terms, specifically conditioned upon the following:
i. You may only view, copy and print the Company�s Content for your own use;
ii. You may not modify or otherwise make derivative works of the Company�s Content, or reproduce, distribute or display the Company�s 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 Company�s Content;
iv. You may not use any data mining, robots or similar data gathering or extraction methods; and
v. You may not use Effivity or the Company�s Content other than for their intended purpose.
7.3 Except as expressly permitted in these Terms, any use of any portion of Effivity or any content available on Effivity without prior written permission of its owner is strictly prohibited and will terminate the License. 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.
7.4 The User represents and warrants that User�s use of Effivity will be consistent with the 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.
7.5 To request permission for uses of Effivity or the Company�s Content not included in this License, you may contact the Company at the address set out at the end of these Terms.
8.1 You hereby agree and confirm that:
i. You are competent to contract as per the applicable laws;
ii. Your use of Effivity is for lawful purposes only and you agree to be in full compliance with all the applicable laws, rules, regulations and guidelines;
iii. We will not be responsible for verifying any content or information provided by you to us through Effivity or otherwise;
iv. To the fullest extent permitted under the applicable law, you agree to waive any legal or suitable rights or remedies that you may have against the Company in relation to Effivity and the content that may be deemed inaccurate, offensive, indecent or objectionable to you;
v. You will not promote or try to gain unauthorised access or exceed the scope of authorised access to Effivity and its connected network;
vi. You will not interfere with another Users� use of Effivity;
vii. You will not attempt or otherwise impersonate another person during the use of Effivity;
viii. You will not engage in or forward chain letters, surveys, contests, pyramid schemes with any association to Effivity;
ix. You will not use any automatic device, program, or methodology including but not limited to �deep-link�, �page-scrape�, �robot�, �spider� or other such means, or any similar manual process, to access, acquire or copy any portion of Effivity or any content within;
x. You will not attempt to gain unauthorised access to any portion or feature of Effivity or any other systems or networks connected to Effivity;
xi. You will not probe, scan or breach the vulnerability of Effivity or any network connected to Effivity;
xii. You will not engage in any activity that inflicts an unreasonable or abnormal load on Effivity or any systems or networks connected to Effivity;
xiii. You will not use Effivity for any purpose that is unlawful or prohibited by these Terms;
xiv. You will not violate any provision of these Terms or any other terms and conditions contained elsewhere within Effivity;
xv. You will not use Effivity to do anything unlawful, misleading, malicious, or discriminatory;
xvi. You will not do anything that could disable, overburden, or impair the proper working or appearance of Effivity, such as a denial of service attack or interference with page rendering or other functionality of Effivity;
xvii. You will not collect other Users' content, personal data, or other information, or otherwise access Effivity by using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission; and
xviii. You will not upload viruses or other malicious code onto Effivity.
8.2 You further agree and confirm that, upon termination or cancellation of your Subscription Plan and/or User Account, you shall not access or use or assist any other person to access or use Effivity for:
i. Any unauthorised use, including, without limitation, any usage of the content provided on Effivity not in conformity with the rights granted with respect to the same or that may violate third party intellectual property rights as well as the laws of privacy for which you shall be solely responsible;
ii. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
iii. Breaching any applicable laws;
iv. Using or attempting to use any engine, software, tool, agent or other device or mechanism to manipulate Effivity or to reverse engineer it by copying, modifying, decompiling or dissembling; and/ or
v. Gaining or attempting to gain unauthorised access to any part or feature of Effivity or any other systems or networks connected to Effivity or to any server, computer network, by hacking or any other illegitimate means.
8.3 Fraudulent use of Effivity. Any fraudulent use of Effivity or applicable payment method to subscribe to Effivity, 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 Effivity or for any other unlawful act or omission in breach of these Terms.
8.4 Breach of the Terms. If we believe, at our sole discretion, that the User violates these Terms and it is appropriate, necessary or desirable to do so, we may:
i. Send the User a formal warning;
ii. Temporary suspend the User Account;
iii. Delete the User Account;
iv. Temporarily or permanently prohibit User�s access to Effivity;
v. Report the User to law enforcement authorities; or
vi. Commence a legal action against the User.
9. THIRD-PARTY SERVICES AND INTERACTIVE AREAS
9.1 Third-party services. The Company is entitled to use third parties for rendering and completion of services related to Effivity. Subject to the Privacy Policy, the Company is entitled to share User�s data, including personal data, with third-party service providers for the purpose of fulfilment of services through Effivity (e.g., design, hosting of data, payment processing, CRM, and accounting software). The Company may decide to add or edit third-party service providers from time to time. Such external service providers are not under the direct control of the Company.
9.2 Third-party links. We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites, services, or software products accessible by hyperlink from Effivity, or websites, services, or software products linking to Effivity. If you decide to access third-party links, you do so at your own risk. Any concerns regarding any external links should be directed to the relevant third-party operator.
9.3 The Interactive Areas. Effivity may include discussion forums, bulletin boards, review services or other areas in which you or third parties may post reviews or other content, messages, and materials (collectively, the �Interactive Areas�). If such Interactive Areas are available on Effivity, you are solely responsible for your use of the Interactive Areas and you agree to use them at your own risk.
9.4 Any User�s Content submitted to the Interactive Areas will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Effivity any of the following:
vii. Any messages, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
viii. Content that may constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
ix. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
x. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
xi. Unsolicited promotions, political campaigning, advertising or solicitations;
xii. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
xiii. Viruses, corrupted data or other harmful, disruptive or destructive files;
xiv. Content that is unrelated to the topic of the Interactive Area(s) in which such content is posted; or
xv. Content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or Effivity, or which may expose the Company, its affiliates or other Users to any harm or liability of any type.
9.5 The Company has a �zero-tolerance� policy towards SPAM: you may not use the Interactive Areas or Effivity to send commercial or other messages to any third party, if those messages are not solicited, authorised or welcomed by the recipient. In your use of Effivity, you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing guidelines on ethical marketing practices. Any use of the Interactive Areas or other portions of Effivity 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 Effivity.
10. ADVERTISEMENT AND COMMERCIAL COMMUNICATION
10.1 The Company may run advertisements and promotions from third parties on Effivity. Your business dealings with, correspondence with, or participation in promotions of, advertisers other than the Company, and any terms, conditions, warranties or representations associated with such dealings are solely between you and the third party. The Company 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 Effivity.
10.2 Commercial communication. From time to time, we may send you promotional information about us, our discount offers, our other services, websites, sales promotions, newsletters, and SMS updates relating to Effivity. You will receive such commercial communication only in the following instances:
� If we receive your prior express (�opt-in�) consent to receive marketing messages (please note that your voluntary subscription to our newsletters or other promotional materials substitutes such consent); or
� If we decide to send you marketing messages about our new services that are closely related to the services already used by you.
10.3 Opting-out from commercial communication. If you would prefer not to receive any commercial communication from us (or any part of it), you can easily opt-out free of charge. To do so, please click the �unsubscribe� link in any email that we send to you or follow the un-subscription process as detailed in the SMS. Unsubscribing from one commercial communication medium does not automatically lead to un-subscription from the other. We will cease to send you commercial communication as soon as possible. If you have any concerns regarding our commercial communication, please contact us immediately.
10.4 Informational notices. From time to time, we send you important informational notices related to service updates, technical or administrative matters, information about Effivity, your orders, payments, the User Account, your privacy and security, and other important matters. Such informational notices are sent on an �if-needed� basis and they do not fall within the scope of commercial communication that requires your prior consent.
11. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY; INDEMNITY
11.1 Effivity is provided to you on an �as is� basis without warranties from the Company of any kind, either express or implied. The Company hereby expressly disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company does not represent or warrant that Effivity is accurate, complete, reliable, current or error-free.
11.2 While the Company attempts to make your access to and use of Effivity safe, the Company does not represent or warrant that Effivity is free of viruses or other harmful components. The Company 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 not assume any liability hereunder for any patent, trademark or copyright infringement arising from your use of Effivity.
11.3 You hereby waive and shall not assert any claims or allegations of any nature whatsoever against the Company, 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 Effivity, 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 of Effivity.
11.4 Without limitation of the
foregoing, neither the Company 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 Effivity, 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 Effivity, including,
without limitation, any
damages caused by or resulting from your reliance on Effivity or other information obtained from the Company or any other Released Party or
accessible via Effivity, 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 unauthorised access to Effivity or any other Released Party�s records, programs or services.
11.5 In no event shall the aggregate liability of the Company, 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 Effivity exceed the total of the Subscription Fees to be paid by you before the expiration of then-current subscription term.
11.6 You shall defend, indemnify and hold harmless the Company and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your access and use of Effivity.
11.7 The Company does not claim any rights over, including any affiliation with, third-party trademarks and other intellectual property made available on Effivity (including, without limitation, �ISO�). The third-party intellectual property remains the property of the respective third-party proprietors.
12. TERM, TERMINATION, AND MODIFICATION
12.1 These Terms enter into force on the effective date indicated at the top of the Terms (the �Last updates on� date) and remain valid until terminated or updated by the Company.
12.2 The Company reserves the right to change or modify these Terms or any policy or guidelines applicable to Effivity at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information (if any) or we will post a notice on Effivity visible to you the next time you access Effivity.
12.3 If you do not agree with the changes, you can cancel your User Account or the Subscription Plan without further obligation, except for the Subscription Fees due for the balance of the billing period in which you cancel your User Account or the Subscription Plan.
12.4 Unless specified otherwise, any changes or modifications will be effective immediately upon posting of the revisions on Effivity, and your continued use of Effivity after such time will constitute your acceptance of such changes or modifications.
12.5 You should, from time to time, review these Terms, the Privacy Policy, and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of Effivity.
13. MISCELLANEOUS
13.1 Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13.2 Assignment. The Company 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 the Company, and any such attempted assignment will be void and unenforceable.
13.3 Entire agreement. These Terms, together with any documents referred to herein, constitute entire agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to Effivity.
13.4 Language. These Terms and any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only.
13.5 Confidentiality. You agree not to disclose to third parties any information that you obtain from us.
13.6 Governing law. The formation, interpretation, and performance of these Terms and any disputes arising out of the Terms shall be governed by the substantive and procedural laws of the state of Gujrat, India, without regard to its rules on conflicts or choice of law.
13.7 Jurisdiction. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in state of Karnataka, India. Nothing herein prevents the User or us from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
14. CONTACT
For any query or assistance, please contact us with subject line �Terms of Use�:
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
Postal address:
A-4, Narsinhdham Society, Near Mother School, Gotri Road, Vadodara, 390021, Gujarat, India
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