Terms and Conditions
http://ezeedigitalsolutions.in (“EDS”) is a property of and operated by Capital Business Systems Pvt. Ltd (“CBSPL”), a company incorporated under the Companies Act, 956, and having its registered office at registered office at G 3 Udyog Nagar Industrial Area, Peeragarhi, New Delhi 004 By accessing or using any version of the website, you signify that you have read, understood and agree to be bound by these Terms and Conditions (“T&C”) and any other applicable law, whether or not you are a registered member of the website. As used herein, “Users” shall mean anyone who uses or accesses the website. Your continued use of the website shall be constituted as your acceptance to the T&C, as revised from time to time. If you do not agree with these T&C, please do not access and use the website.
For the purposes of these T&C, “we”, “our” and “us” shall mean CBSPL, and/or third-party service providers engaged by CBSPL to render certain services on the website and “you” and “your” shall mean a User who meets the eligibility criteria set out below.
1. Terms and conditions subject to change
- We reserve the right to update or modify these T&C at any time without prior notice. Your access and use of the website following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. For this reason, we encourage you to review these T&C each time you access and use the website.
- You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the website if you are not competent to contract under the applicable laws, rules and regulations.
- If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the website and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as CBSPL may require in connection therewith.
3. Intellectual Property Policy
- All of the content on the website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames ("Website Content"), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the website and the Website Content.
- By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you could contact us in the manner provided for herein.
- CBSPL and its licensors, if any, are the sole owners of the underlying software and source code associated with the website and all the trademarks, copyright and any other intellectual property rights of any nature in the website.
4. User Account, Passcode & Security
- You shall set a security passcode on the website once you have registered and purchased any product listed on the website. You are responsible for maintaining the confidentiality of the passcode and your account (“Account”), and are fully responsible for all activities that occur under your passcode or Account. You agree to: (a) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause
- If and when you are desirous of having your name and other details removed from the records of CBSPL, immediately upon receiving your written request to that effect CBSPL shall remove and/delete all such information. You hereby acknowledge that the removal of your details from CBSPL does not constitute termination of your obligations qua CBSPL, if any.
5. Customer Communications
- Accepting these T&C , implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
- You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a particular telephone number(s) and/or email address (es).
6. User Guidelines
- The website is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the website or any deliverable generated by the website; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the website; and/or (iii) create derivative works of the website.
- You accept that any and all operations emanating from your IP address shall be assumed to have been initiated by you.
- You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the website. Also, you shall not reverse engineer or reverse compile our technology that is available on the website.
- You are responsible for any and all activities that occur in your Account. You agree to notify CBSPL immediately of any unauthorized use of the Account or any other breach of security. CBSPL shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform CBSPL, within a reasonable time, any unauthorized access in your Account, either with or without your knowledge.
- You shall be liable for losses incurred by CBSPL or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and CBSPL.
- CBSPL shall make all reasonable efforts to ensure that your information is kept confidential. However, CBSPL shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage due to theft, negligence or failure on your part to practice safe computing.
- You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and CBSPL shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
- You understand and acknowledge that upon using the CBSPL, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the website, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
- You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claim, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of the website in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
- The terms of this provision will survive any termination or cancellation of these T&C or your use of the website.
- The website and the functions and features therein are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- CBSPL shall make reasonable efforts to make available the website and the functions and features at all times. However we make no warranty that the website shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
- CBSPL shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of CBSPL, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
- Any material downloaded or otherwise obtained through the website is done at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these T&C.
9. Limitation of Liability
- In No Event Shall We be liable for any direct, Indirect, Punitive, Incidental, Special or Consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the website’s functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the website, any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the website, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the website, or inability to use the Website, The Provision of or Failure to provide the functions and Features, Hether Based on Contract, Tort, Negligence, Strict Liability or Otherwise. This Clause Shall Survive In Perpetuity.
- If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
- CBSPL may terminate the use of the website at any time after giving notice of the termination to you.
- Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the website.
- Any failure on the part of CBSPL to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by CBSPL of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
- You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of CBSPL. Subject to the foregoing, these T&C will be binding on the successors and permitted assignees of CBSPL. Any assignment or transfer in violation of this clause will be deemed null and void.
14. Validity of T&C
- These T&C shall apply when you create an Account and shall remain valid and binding on you for so long as you maintain the Account. (check if this makes sense in your case)
15. Governing Law and Jurisdiction
16. Statute of Limitation.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one ( ) year after such claim or cause of action arose or be forever barred.