TERMS AND CONDITION
[This Agreement was last updated on Jan30, 2019]
This agreement regulates the relationship established between you as a web user and Employee Trail when you use the website located at www.employeetrail.com and any and all subdomains under employeetrail.com, including without limitation the Employee Trail service. Use of this Website and Service is conditioned on your acceptance of the terms and conditions listed in this Agreement. If you do not accept these specified terms and conditions, you may not use the Service or Website. By using the Service or Website, you agree to be bound by the terms and conditions explained below that we may update from time to time.
YOUR ACCESS TO AND USE OF THE SERVICE
You warrant that you shall be using the Service only for your own purposes, subject to this Agreement’s terms and conditions.
For using the Service, you are required to register with Employee Trail and choose a password and user name (“Employee Trail User ID”). You may not (i) choose or use as an Employee Trail User ID a name of another Company or person with the intention to impersonate that company or person; or (ii) use as an Employee Trail User ID a name which you do not have permission to use. Employee Trail reserves the right for refusing registration of, or canceling an Employee Trail User ID in its discretion. You are responsible for the maintenance of the confidentiality of Your Employee Trail password and other account information. You are in agreement that the information you provide to Employee Trail will be accurate, up to date and complete, and if we determine that the information provided by you does not meet those standards, or if you have violated any of these requirements, we may terminate the Agreement immediately for Your breach and/or suspend your use of our Service.
Employee Trail provides the Service only. You are responsible for providing any and all resources which you need for accessing and using the Service, including without limitation computer hardware and internet access.
You are fully responsible for the maintenance of the confidentiality of your Employee Trail password and account. Furthermore, you are fully responsible for any and all activities which occur under your account. You agree to:
- Notify us of any unauthorized use of your account or any other security breach immediately,
- Exit from your account at the end of every session.
You are in agreement that we shall not be held liable for any damage or loss arising from you failing to comply with any provision of this section. If you provide any information which is inaccurate, untrue, not complete or current, or we have reasonable grounds for suspecting that such information is inaccurate, untrue, incomplete or out of date, we have the right to terminate or suspend your access to those parts of the Service that require registration.
All the features contained in our Service are provided on subscription basis. You are responsible for paying the applicable prices for every service you choose to use. Our Service may be payable in advance.
All fees related to the use of the Service are specified in the Pricing Section which is available through the internet at https://www.employeetrail.com/pricing. We may offer you substitute fee structures, price-offs, vouchers or incentives that are at our own discretion and for any purpose, but Employee Trail is not obligated to offer such alternatives to all users. The actual price you will have to pay for the Service shall be the price mentioned in the Billing portion of your account or it will be determined by other agreement.
DISCLAIMER OF WARRANTIES
The Service is provided on an “as available” and “as is” basis and we make no representations or warranties, whether implied or expressed, in relation to our Service, that include but they are not limited to indicated warranties or conditions of entireness, marketability, satisfactory quality, accuracy, and fitness for a specific purpose.
You are in agreement and acknowledgement of that:
- It is technically not possible to provide our Service free of flaws and that Employee Trail does not undertake to do so;
- Flaws may lead to unavailability of the Service on a temporary basis;
- The Service may include typographical errors or inaccuracies;
- The operation of the Service may be affected adversely by performances and conditions outside our control, that include but are not limited to, transmission and telecommunications links between Employee Trail and you, between various parts of our network, and between us and other networks and systems.
You are in further acknowledgement of that some of the information provided to you, as an instance software, is supplied by third parties to us and accordingly we provide no warranty of whatever nature in association with such information.
LIMITATION OF LIABAILITY
You are in agreement that, except for personal injury and death arising from our negligence, we shall not be held liable in tort, contract, statutory duty, negligence or otherwise, for any damage or loss whatsoever resulting from or in any way associated with this contract or the performance or use of the Service or related Website, that includes without limitation, loss of profits, damage for loss of business, loss of information related to business, interruption caused to business or any other financial loss (even where we have been advised about the possibility of such damage or loss).
We provide the Service to you only for your private use. You undertake not to use our Service:
- For any purpose that is unlawful;
- In any way so that the Service is damaged, interrupted, rendered less efficient or the Service’s functionality is impaired in any way;
- In any way that may disrupt or damage the computer of another user;
- For the uploading, transmission or posting of any computer viruses or any deleterious or harmful programs or files;
- For the loading, conveyance or publishing of any material that is considered hurtful, malicious, vilifying, lewd, racially prejudiced or of an intimidating or bawdy in nature or in such a way as to cause inconvenience, annoyance or needless anxiety;
- As a means to stalk, threaten, abuse, harass or otherwise insult other users or to store or collect personal data of other users;
- In a manner which constitutes an infringement or violation of the rights of any firm, person or company (including, but not limited to, the rights of confidentiality or copyright);
- To transmit any material for the purposes of promotion, publicity and/or advertising without obtaining our prior written consent unless such transmission has been particularly requested by another user of the Service;
- For creating a false identity for the purpose of misleading others as to the origin of a message or the identity of the sender, including, but that is not limited to impersonating as an Employee Trail manager, worker, network host or another consumer;
- For loading, dispatching, publishing or otherwise facilitating the availability of any unwarranted or sought advertising, publicity materials, spam, junkmail, pyramid schemes, chain letters or any unsolicited or duplicative messages.
However, we do not control the content that is posted via you or other users on the Service and as such, we do not guarantee the integrity, accuracy or quality of such content. By using our Service, you acknowledge you may be exposed to content that is objectionable or offensive.
Under no circumstances will we be held liable in any way for any damage incurred or any content as a result of you accessing any content that is posted or otherwise transmitted via the Service.
You acknowledge that we do not pre-view or monitor any content that is posted via you or other users of the Service, but that we shall be having the right (but not the obligation) for refusing access to or moving any content that is made available via the Service.
We feel concerned about the security and well-being of all the consumers using our Service, but we are specifically more concerned about the safety and well-being of children using our Service. Parents that permit their children on the use of the Service should be cautious about assisting and supervising them in its use. We remind you that the Service has been designed to appeal to a wide audience. Being the legal guardians, we remind parents that it is their responsibility to supervise their children and to determine whether specific areas are suitable for their child. Children below the age of 13 years are prohibited from registering for the Service.
You undertake further that in the event of you having any claim, right or action against any other user which arises from the use of the Service, you shall pursue such claim, right or action independently of, and without recourse to us.
You will entirely compensate and protect us against all losses, claims, accountability, charges and costs, including litigation fees, due to a violation of this contract or any use of the Information, the Service or the Website by you.
You acknowledge that we have limited control on the content or nature of programs or information that is sent by you or received by you or other consumers who are using the Service and that we do not examine in any manner the use to which you are putting the Service.
You agree to completely indemnify us against any legal proceedings or claims arising in association to your use of the Service that are brought or threatened against us by any other person.
You agree and acknowledge that all trademarks, copyright and all other intellectual property rights in our Service shall remain vested with us or our licensors.
SUSPENSION AND TERMINATION
We shall have the right to terminate this Contract and/or suspend your access to our Service immediately if you breach these terms and conditions.
CHANGES INTRODUCED IN THE TERMS AND CONDITIONS AND THE SERVICE
We reserve the right for changing these terms and conditions from time to time through the placement of a note of such change in this file, and your persistent use of our Service following the notice of such change shall be deemed as your acceptance of any such change. It is your responsibility for checking this file on a regular basis to determine whether our Contract has been changed. If you are not in agreement to any change brought in the terms and conditions of this Contract, then you must stop using the Service immediately. We also reserve the right for changing and updating the Service from time to time.
Each provision contained in this Agreement limiting or excluding liability shall be construed separately, surviving and applying even if for any reason one or the another of these provisions is held as unenforceable or inapplicable in any circumstances and shall remain in force notwithstanding this Agreement’s termination.
No waiver by us shall be interpreted as a waiver of any preceding or succeeding breach of any provision.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by the Laws of the state of Uttar Pradesh (without regard to the conflicts of law provisions) and the parties hereby submit irrecoverably to the exclusive jurisdiction of the courts located in the state of Uttar Pradesh.