Last updated 13th April 2018
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY SUBSCRIBING OR BY MAKING AN ONLINE PAYMENT FOR ANY PART OF OUR SERVICE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE ANY OF OUR SERVICES. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY ZEN E-SOLUTIONS PTE LTD, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. THE SERVICE IS AVAILABLE ONLY TO AT LEAST 13 YEARS OLD INDIVIDUALS.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
We, US means Zen e-solutions pte ltd.
You mean the company or the other legal entity for which you are accepting this Agreement.
Order Form means the online order form or ordering document specifying the Services to be provided that is entered into between You and US. By entering into an Order Form, You agree to be bound by the terms of this Agreement.
Purchased Services means Services that You purchase under an Order form.
Services mean the Mobile applications we develop and the Cloud Content management System we provide to update the Mobile applications.
User means an individual who is authorized by You to use the Mobile applications, for whom you have purchased a subscription.
Your Data means electronic data and information submitted by or for customer to the service.
Content means information obtained from publicly available sources or third party content providers and made available to Users through the Services.
2. OUR RESPONSIBILITIES
a) Make the Services available to you with respect to this Agreement and the respective Order Form.
b) Provide application standard support for the Services to You at no additional charge, and / or upgraded support if purchased.
c) Do reasonable efforts to make the Online Services available 24 hours a day all over the year , except for: (1) planned downtime which we will give advance notification. (2) Any unavailability caused by circumstances beyond our reasonable control, including an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem. Internet service provider failure or delay or denial of service attack.
We will maintain administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. Those safeguards will include, but will not be limited to, measure for preventing access, use, modification or disclosure of your data by our personnel except (a) to provide the purchased services and prevent or address service or technical problems (b) as compelled by law. (c) as you expressly permit in writing. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
3. SUBSCRIPTION FEE FOR THE SERVICES
You will pay all fees specified in the order form. Except as otherwise specified herein or in the order form. Fees are based on the Services. Payment obligations are non-cancelable and fees paid are non-refundable.
You will provide us with valid and updated credit card information or Bankers check for the payment. Such payments will be made in advance annually or monthly.
If any invoiced amount is not received by us by the due date, then without limiting our rights (a) those charges may accrue late interest at the rate of 2.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature. You are responsible for paying all taxes associated with your purchase here under If we have the legal obligation to pay or collect taxes for which you are responsible, we will invoice you and you will pay the amount.
Your subscription does not include any future functionality or features.
4. PROPRIETARY RIGHTS AND LICENSES
Reservation of Rights. Subject to the limited rights expressly granted hereunder, we reserve all of our rights, title and interest in and the services and mobile applications, including all our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Access to and Use of the mobile app. You have the right to access and use the mobile applications subject to the terms of applicable order forms, this agreement.
License to Host your data and application. You grant us and applicable contractors, limited-term license to host, copy, transmit and display your data.
We warrant that during the subscription term, we will make sure physical, technical safeguards for protection of the security, confidentiality and integrity of your data. We will provide the services as per the subscription choose by you.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES. THE SERVICE IS PROVIDED AS IS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION WHETHER AN ACTION IS IN CONTRACT OR REGARDLESS OF THE THEORY OF LIABILITY.
8. TERMS AND TERMINATION
This agreement commences on the date you first accept it and continues until all subscriptions hereunder have expired or been terminated.
The term of each subscription shall be as specified in the order form subscriptions will automatically renewed every year or every month, unless either party gives notice of non-renewal at least 30 days before the end of the relevant subscription term.
There is no refund of the subscription fee or setup fee on early termination of the service.
We may update our Terms and Conditions using our services from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
10. CONTACT US
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us by email [email protected].