TERMS OF SERVICE

Definitions

Agreement

This contract between ZENOXIT and its Customers.

Customer

An individual or legal entity that pays to use the ZenoxERP Application.

Customer Data

All Contact Information and other permitted information submitted by Customer to, or collected by Customer via, the Service. Customer Data does not include Sensitive Information.

ZenoxERP Application

The site of applications available at https://ZenoxERP.com or any of its sub-domain.

ZenoxERP Website

https://ZenoxERP.com

Invoice

An order confirmation form that captures key terms & conditions of the Services that Customer purchases from ZENOXIT.

Service(s)

Means the products, modules, tools and services, whether chargeable or not, that are ordered by You and/or made available, from time to time, by ZENOXIT online via the Website and/or other web pages designated by ZENOXIT, including, without limitation, Third Party Services.

Term or Contract Term

Total duration of contract for which ZENOXIT needs to provide Services to the Customer as per Invoice.

Users

Individual people or accounts that are designated and Authorized by Customer to access ZenoxERP Application.

You or Your

Means the company or other legal entity for which you are accepting this Agreement and Affiliates of that company or entity.

Eligibility

Use of the Services is void where prohibited. By using the Services, You represent and warrant that all registration information You submit is truthful and accurate; You will maintain the accuracy of such information; You are 18 years of age or older; and Your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your registration as a member with the Website may be terminated without warning, if ZENOXIT believes that you are less than 18 years of age. By using the Premium Services, You declare and represent that You are more than 18 years of age and that You have full legal capacity to complete such contractual action, including the use of a credit card or use of any other method of payment, without need in any additional approvals or consents.

ZenoxERP Services

ZenoxERP provide institute management application. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

This Agreement grants you the possibility of using of the software of ZENOXIT via Internet.ZENOXIT is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services, which ZENOXIT provides, may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that if ZENOXIT disables access to Your account, You may be prevented from accessing the Services, Your account details or any files or other content which is contained in Your account, hence, ZENOXIT strongly recommends that You store any content You insert into the Services as any time You access to the Services.

You acknowledge and agree that while ZENOXIT may not currently have set a fixed upper limit on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ZENOXIT at any time, at ZENOXIT’s discretion. By entering into this Agreement you confirm that your purchase decision is not dependent on any oral or written public comments made by ZENOXIT regarding future functionality or features.

Services Availability and Usage

ZENOXIT will use commercially reasonable effort to make Services available 24×7 except in case of planned Downtime (defined below) and Force Majeure (defined later in the agreement).

ZENOXIT may shut down the Services to perform planned maintenance of the platform or to upgrade the platform. To the extent possible and reasonable, we will schedule such downtime in non-business hours for majority of our Customers over weekend. We will provide at least 8 hours of notice for such downtime.

Customer Rights & Responsibilities

ZENOXIT grants a non-transferable, non-exclusive, worldwide right to permit Users authorized by Customer to access and use the Services subject to the terms of the Agreement.

Customer agrees that

Customer will comply with this agreement in Service usage. Customer will prevent unauthorized access to the Service and Customer Data. Customer is responsible to provide computers, computer operating system and web browser to access Services. Customer shall consume the Services only for its own internal business operations, and not for the operation of a service bureau or time-sharing service, or otherwise for the benefit of a third party. Customer will follow applicable laws of its own Country governing usage of the Services.

Service Usage Limitations

The use of Services may be limited by criteria specified at www.zenoxerp.com and may be more accurately described in Invoice. Some examples of limitation are: number of emails that can be sent by Customer in a month, number of Contacts that can be managed. Any overuse of Services, if technically permitted, will be reported and may lead to additional billing to or suspension of Customer Account or both after due intimation to Customer.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: transfer the Services or otherwise make it available to any third party; provide any service based on the Services without prior written permission; use the third party links to sites without agreeing to their website terms & conditions; post links to third party sites or use their logo, company name, etc. without their prior written permission; publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of ZENOXIT; violate any applicable local, state, national or international law; and create a false identity to mislead any person as to the identity or origin of any communication.

Anti Spam Policy

What is SPAM?

Spam is any email or SMS you send to someone who hasn’t given you their direct permission to contact them on the topic of the email. When you send an email or SMS to someone you don't know, that's an "unsolicited" email or SMS. Sending one unsolicited message to someone is obviously not spam. But when you send an unsolicited email or SMS to an entire list of people you don't know, that's spam.

Anti Spam Policy for Bulk SMS

You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS service that sends/receives messages to/from mobile phones is maintained by ZENOXIT. The utilization of the SMS service is subject to the following Terms of Service. Any Spam or illegal use of the SMS service is strictly prohibited. Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. ZENOXIT does not assume any liability for the content of messages sent. ZENOXIT will be exempt from any claim that may arise from third parties as a result of message content. You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (E.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin). You accept that the service is provided for professional use only and you agree not to use it to: Promote alcohol, music, dancing, dating, gambling or deception. Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission. Harvest, or otherwise collect information about others, without their consent. Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you. Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy. Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity. Transmit any material that contains viruses, Trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs. Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks. Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means. Interfere with others use and enjoyment of the service. Engage in any other activity that ZENOXIT believes could subject it to criminal liability or civil penalty/judgment. You acknowledge that ZENOXIT delivers SMS messages via major telecom operators and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed. SMS messages submitted via Internet will be transferred to mobile network providers, provided that the recipient's phone is switched on and doesn't have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully. You are responsible for the privacy and storage of the user-name and password. You agree that all activities made through your account are legally bonded to you. ZENOXIT neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While ZENOXIT makes every effort to deliver messages promptly. ZENOXIT doesn't refund the credits for undeliverable SMS messages to you because we cannot guarantee delivery of the SMS messages to recipients due to possible errors. ZENOXIT debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by ZENOXIT has produced evidence of a technical problem or error. ZENOXIT reserves the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy. The SMS account balance is non-refundable and does not bear interest. All the SMS must be used in the validity period from the date of the purchase and no carry forward of the credits will be made unless otherwise defined in a separate contract. You under take the whole responsibilities regarding the messages sending through ZENOXITservices from your account, which are transmitted as per your request. You shall indemnify and reimburse ZENOXIT all liabilities, costs, losses and damages, in case of any claim brought against ZENOXIT from any third party due to breach of contract. By registering to ZENOXIT I agree to receive promotional SMS, email, voicecalls send from ZENOXIT.

Anti Spam Policy for Emails

What kind of email addresses are OK to send to with ZENOXIT?

To send email to anyone, you need to have their permission. This could be done through: An email newsletter subscribe form on your web site. An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you. If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that they would be contacted by email AND they ticked a box indicating they would like to be contacted. Customers who have purchased from you within the last 2 years.

What kind of email addresses are OK to send to with ZENOXIT?

You can't import or send to any email address which: You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending. You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself. You haven’t contacted them via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place. You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.

What content MUST include in your email?

Every email you send using ZENOXIT must include a single-click “unsubscribe” link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them again.

Account Suspension

We reserve the right to suspend your account immediately and start investigating your activity if your campaigns have high percentage of spam complaints, bounces, unsubscribes or very small open rate. If you breach this anti-spam policy (or attempts to do so) will immediately be suspended without notice. If it turns out that you were sending emails without permission - we will terminate your account. We can ask you to prove that you have permission from your recipients and we can close your account if you do not have such proof. Otherwise, we will activate your account and you will be able to use the service again.

Proprietary Rights

You acknowledge and agree that ZENOXIT own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ZENOXIT and that You shall not disclose such information without ZENOXIT’s prior written consent. Unless You have agreed otherwise in writing with ZENOXIT, nothing in this Agreement gives You a right to use any of ZENOXIT’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.Unless You have been expressly authorized to do so in writing by ZENOXIT, you agree that in using the Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to support@zenoxit.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if ZENOXIT breaches its obligations under these Terms and in such event. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

Indemnification

You agree to defend, indemnify and hold harmless ZENOXIT, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: Your use of and access to the Website and/or the Services; Your violation of any term of this Agreement; Your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of Your content/data caused damage to a third party. This defense and indemnification obligation will survive the termination of the Services and of this Agreement.

Disclaimer of Warranties, Limitation of Liability

You expressly agree that your use of, or inability to use, the services is at your sole risk. Services and any products ordered, or used, by you through the services are provided as is and as available for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. Please keep in mind that some of the content that we make available to you through the services comes from partners or any other third party web services. All such content is provided to you as is, as-available basis and ZENOXIT, the partners and other third party licensors, do not make and hereby disclaims and warranty, express or implied, with respect to the content, including, but not limited to, the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the content or of the media on which the content is provided. The content and your use of it are subject to change and/or removal at any time. In no case shall ZENOXIT, its affiliates, partners, and their respective directors, officers, employees, agents or contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, ZENOXIT liability shall be limited to the extent permitted by applicable local law. Without limiting the foregoing, in particular, ZENOXIT, its affiliates, partners, and their respective directors, officers, employees, agents or contractors, and its licensors do not represent or warrant to you that: Your use of the services will meet your requirements, Your use of the services will be uninterrupted, timely, secure or free from error, Any information obtained by you as a result of your use of the services will be accurate or reliable, and Defects in the operation or functionality of any software provided to you as part of the services will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device 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 ZENOXIT or through or from the services shall create any warranty not expressly stated in the terms. ZENOXIT, its affiliates, partners, and their respective directors, officers, employees, agents or contractors, and its licensors shall not be liable to you for any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; Any reliance placed by you on the completeness, accuracy or existence of any content, or as a result of any relationship or transaction between you and any third party whose advertising, services or content appears on the services; Any changes which ZENOXIT may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); Your failure to provide ZENOXIT with accurate account information; Your failure to keep your password or account details secure and confidential;

Beta Service Warning

Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing. ZENOXIT reserves the right to change the content, design and business plan when sees needed without advance notification.

Information or Complaints

If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy ZENOXIT in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by ZENOXIT to the complainant.

If you have a question or complaint regarding ZenoxERP Website, please feel free to contact us via e-mail at support@zenoxit.com

You may also contact us by writing to us at: ZENOXIT PRIVATE LIMITED, 603-B1/Daisy, Mukta Residency, Kalyan-Shil Road, Padle Gaon, Thane - 421204 Land Mark : Near Honda Showroom