Thank you for selecting the Services offered by TESIPL(For the purpose of agreement 'TraNxt Enterprise Solutions India Private Limited' will be termed as 'TESIPL') and/or its subsidiaries and affiliates (referred to as "TESIPL", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and TESIPL. By accepting electronically (for example, clicking "I Agree"), installing, hosting, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the TESIPL online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference.
TESIPL's Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
Additional Terms and Conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by TESIPL. TESIPL reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, TESIPL grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not.
For Services offered on a payment or subscription basis, the following terms apply, unless TESIPL or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services.
Payments will be billed to you by TESIPL and/or its vendor(s) in INR, pounds sterling (£), U.S. Dollars, or other currencies which may be made available (plus any and all applicable taxes) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
TESIPL makes no warranties or representations of any kind, express, statutory or implied as to.
You can view TESIPL's Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable TESIPL Privacy Statement, and any changes published by TESIPL. You agree that TESIPL may use and maintain your data according to the TESIPL Privacy Statement, as part of the Services. You give TESIPL permission to combine information you enter or upload for the Services with that of other users of the Services and/or other TESIPL services. For example, this means that TESIPL may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. TESIPL is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. Archive your Content frequently. You grant TESIPL a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. TESIPL is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
To the maximum extent permitted by applicable law, the entire liability of TESIPL, its affiliates and suppliers for all claims relating to this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim. Subject to applicable law, TESIPL, its affiliates and suppliers are not liable for any of the following. (a) indirect, special, incidental, punitive or consequential damages; (b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet TESIPL systems requirements. The above limitations apply even if TESIPL and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of TESIPL, its affiliates and your exclusive remedy with respect to the services and its use. You agree to indemnify and hold TESIPL and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the services or breach of this agreement (collectively referred to as "claims"). TESIPL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by TESIPL in the defense of any claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
TESIPL may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect TESIPL's rights to any payments due to it. TESIPL may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
This Agreement will be governed by the laws of Union of India, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of TESIPL's or its Suppliers' intellectual property rights may cause TESIPL irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that TESIPL shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect TESIPL's rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Union of India and you agree that you will procure that any third party making a claim against TESIPL arising out of this Agreement shall bring such claim exclusively in the Nagpur courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
TESIPL does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. TESIPL prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and TESIPL and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of TESIPL. However, TESIPL may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by TESIPL or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact TESIPL via an email to. transfer_license@TESIPL.com.
TESIPL has made a free 7-day trial available in order to enable you to experience the product prior to purchase, and fully satisfy yourself as to its suitability for your business. During this period and thereafter, all possible assistance is made available to you, including free online training and technical support. However, if you are not satisfied with the product for any reason, TESIPL will refund the amount paid towards your subscription in full provided the request for refund is received within 6 days of purchase.