Last Revised on 18-June-2020
Acceptance of Terms
When you register as a user of our Application, we ask for some personal information that will be used to activate your account, provide the Services to you, communicate with you about the status of your account, and for other purposes set out. Your name, company name, address, telephone number, email address, credit card information and certain other information about you may be required by us to provide the Services or be disclosed by you during your use of the Services. Your account will be encrypted with a password only shared with you and would be verified at the time of login.
Acceptance of Services
According to the terms, We will use commercially reasonable efforts to provide the Services to our customers. As part of the registration process, Customers will identify an administrative user-name and password of a Company/Organization account. Subject to the terms hereof, we will endeavour to provide Customer with reasonable support services and implementations assistance, through electronic mail or another reasonable mechanism, in accordance with Company’s standard practice.
Rights to Your Information
You have the right to access and edit your information at any time through the web interface provided as part of the Services. However, to make sure that the personal information we maintain about you is accurate, please inform us immediately of any change in your personal information by e-mail support@esmartguard.com
Aggregated Data
We may also use your personal information to generate Aggregated Data for internal use and audits on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying users, and which have been manipulated or combined to provide generalized, anonymous information. Your identity and personal information will be kept anonymous in Aggregated Data.
Intellectual property rights
All intellectual property rights (which includes rights such as copyright, and rights in trademarks) in any content of the App or browser (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App or browser. If you print off, copy or store pages from the App or browser (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
Customer Obligations
The Services are to be accessed by Customer and its designated Users only, and only for Customer’s internal business purposes, not for resale or unauthorized distribution to any third party. Customer shall: (i) be solely responsible for the content of all visual, written or audible communications of its Users’ accounts; (ii) not use the Services to send unsolicited mass mailings outside such Customer’s organization; (iii) comply with Customer’s data privacy policy and security rules in using the Services; (iv) not use the Services to communicate any message or material that is harassing, libellous, threatening, obscene, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offence, under any applicable law or regulation; and (v) not disturb the normal operating procedures of a computer by uploading or transmitting any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs. Although Company and its third party suppliers and partners are not responsible for any such communications, Company and its third party suppliers and partners may delete any such communications of which Company or its third-party suppliers or partners become aware of, at any time without notice.
Payment of Fees
Customer shall pay to the Company the fees specified in a Service Order entered into between Customer and the Company. Company reserves the right to unilaterally determine and modify its pricing for its Services without any prior notice to the Customer. Where a Service Order is in effect, the pricing for the Services shall remain as agreed for the term specified in such Service Order.
Customer hereby authorizes the Company to bill Customer’s payment instrument in advance periodically in accordance with the terms described in the Service Order, and Customer further agrees to pay any charges so incurred. Customers shall be responsible for all taxes associated with Services other than the taxes based on the Company’s net income.
Termination
Subject to earlier termination as provided herein, this Agreement is for the initial Services term as specified in the Service Order. Either party may terminate this Agreement or the applicable Service Order upon thirty (30) days’ prior written notice (or without notice in the case of non-payment) if the other party is in material breach of this Agreement or any Service Order and the breaching party fails to remedy the breach within the 30-day notice period. Any written notice must specify in reasonable detail the nature of the alleged material breach.
Upon a Customer's request made within 30 days after the effective date of termination or expiration of this Agreement, the Company will make Customer Data available for export or download. After those 30 days, the Company will have no obligation to maintain or provide Customer Data, and will thereafter delete or destroy all copies of Customer Data in its possession or control, unless legally prohibited.
Upon the expiration or termination of a Service Order: (a) Customer will cease using the Services under such Service Order and the Company will be relieved from any further obligation to provide the Services under such Service Order; and (b) within thirty (30) days of termination or expiration, the Company, at Customer’s expense, will return or destroy all Customer Data to Customer. Notwithstanding anything to the contrary herein, if Customer terminates this Agreement and/or a Service Order, then Customer shall be relieved of all payment obligations, namely future monthly payments for the delivery of Services under such Service Order except for those Services delivered before the date of termination.
The following Sections will survive any termination or expiration of this Agreement: eSmartGurad Services, Payment of fees, Termination, Confidentiality, Data Rights, Privacy Policy, and Intellectual property rights
Confidentiality
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (“Confidential Information”). Proprietary Information of Customer includes data and information regarding visitors to Customer’s premises that is collected and stored using the Service (“Customer Data”). Proprietary Information of Company includes any technical or non-technical non-public information regarding the past, current or proposed operations, products, technology, features, functionality and performance of the Services and any Software. The Receiving Party agrees: (a) to take reasonable precautions to protect such Proprietary Information, and (b) not to use (except as expressly permitted herein) or divulge to any third person any such Proprietary Information.
The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without fault of the Receiving Party, (b) was in its possession or known by it, before receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed or obtained without the use of any Proprietary Information of the Disclosing Party or (e) is required by law to be disclosed.
Notwithstanding the foregoing, Company shall have the right to collect and analyse data and other information relating to the use and performance of the Services and related technologies, and Company will be free to use such information to improve the Services and disclose it solely in aggregate or de-identified forms in connection with its business.
Right to use
You can use the App or service for both commercial and non-commercial with the accordance of these Terms. Additional terms may also apply to certain features, parts or content of the App or service and, where they apply, they will be displayed before you access the relevant features, parts or content.
Right to Amend terms
We may change these terms from time to time. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date, these terms were last revised. We will also notify Customer, either through the Service user interface, in an email notification or through other reasonable means.
