Terms of Use

Thank you for selecting the services offered by eSampark Tech Solutions Pvt Ltd and/or its subsidiaries and affiliates (referred to as “Timezerp”, “We”, “Our”, or “Us”). Review these terms of service (“Agreement”) thoroughly. This agreement is a legal agreement between you and Timezerp. On accepting it electronically (for example, clicking “I agree”), installing, accessing or using the services or products, you agree to these terms. You are not permitted to use the services if you do not accept this agreement.

Trade Name

Timezerp, Timezerp Logo, the names of the individual modules and their services are trademarks of Timezerp Solutions Inc. You are not entitled to display or use, the Timezerp trademarks without Timezerp’s prior written permission. Doing so would constitute infringement.

Usage

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), which is uploaded, posted or stored through your use of the services. You grant TimezERP a worldwide, royalty-free, non-exclusive license to host and use the content in order to provide you with the services. You agree not to use the services for any illegal purpose or in violation of any applicable law or regulation. You are advised to archive your content regularly and frequently, you are accountable for any lost or irretrievably deleted content while using the services. You must convey all necessary and suitable cautions, details, and disclosures. You acknowledge that you will not disclose, store, or otherwise disseminate financial data that is illegal under any circumstances.

Users who are suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity prescribed by law may have their accounts terminated. Additionally, they might be reported to law enforcement authorities in the relevant areas and have their financial information deleted.

You conform to abstain from storing, uploading, or transmitting viruses, Trojan horses, worms, or other disruptive or harmful software or data, as well as any information, software, or content that is not legally yours and that might be covered by copyright or other proprietary rights, or derivative works, without the owner’s permission.

1. Parts of this Agreement

This agreement consists of the following terms and conditions (hereinafter the “general terms”) and terms and conditions, if any, specific to use of individual services (hereinafter the “service specific terms”). The general terms and service specific terms are collectively referred to as the “terms”. In Timezerp is in the business of providing business managements of software’s, ERP Products and solutions for various industries.

Disclaimer of Warranties including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

In case of a conflict between the general Services, Service-specific terminology will have priority over general terms.

All the users using Timezerp must agree that the use of the product is at their sole risk.

TimezERP explicitly disclaims that all warranties of any kind whether expressed or understood, but not limited to, the implied warranties of merchantability and fitness for particular purpose. Services are supplied “as is” and “as available,” without any explicit, implied, or statutory guarantees, together with any related documentation. TimezERP gives no assurance or warranty that the services will be uninterrupted, timely, secure, or error-free. For instance, you shall use the product/services at your own discretion and risk when downloading any content and you will be entirely liable for any harm that the download of any such material causes to your computer system, mobile phone, wireless device, or data. TimezERP will give no advice or information, whether written or oral, obtained by you, TimezERP employees or representatives shall not create any warranty not explicitly stated in the terms.

TimezERP, its affiliates, and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations. It is totally your responsibility to ensure that the way you utilize the services complies with all legal requirements. Not with standing the above, no clause of this agreement shall exclude or limit responsibility to the extent that such exclusion or limitation is forbidden by the relevant Indian laws. TimezERP doesn’t restrict or exclude responsibility for the carelessness of its officers, employees, contractors, or agents that may result in a death or physical harm, Fraud or fraudulent misrepresentation.

Any other obligation that cannot be legally excluded by a contract between the parties, limitation of Liability.

In no event shall a disclaiming entity be liable for any lost profits, data loss, or indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to this Agreement or the Services, including without limitation the use of, inability to use, or unavailability of the Timezerp products and services.

Under no circumstances will any of the entities making this disclaimer be liable for any harm, loss, or damage brought on by unauthorised access to or use of the service, your Timezerp account, or the information contained therein, or by your failure to use or put in place security measures that are sensible for your industry.

The appropriate entities disclaim all liability and responsibility for any personal injury or property damage of any kind caused by your use of the TimezERP services or access to them.

Any unauthorized access to or use of servers used in connection with the TimezERP services and/or any and all personal information stored therein.

Any interruption or cessation of transmission to or from the Timezerp Products and services.

Any potential software flaws, viruses, Trojan horses, or other malicious code that could be delivered to or via the TimezERP services

Any mistakes, inaccuracies, or omissions in any content or information, as well as any loss or harm resulting from the use of such material or information, in each case made accessible by the Timezerp services by way of posting, email, storage, transmission, or other online form; and/or User-generated material or any offensive, unlawful, or malicious actions by third parties.

Without restricting anything to the contrary, the disclaiming entities’ full obligation to you shall be restricted to direct damages and in no instance shall exceed the costs you paid to Timezerp for obtaining a licence. Regardless of the legal theory on which the claim is founded, including without limitation contract, tort (including negligence), strict liability, or any other foundation, this limitation of liability provision is applicable.

To the largest extent permissible by law in the relevant jurisdiction, the abovementioned will be applied.

TimezERP is a company that controls and operates its services and goods from facilities in India. TimezERP does not represent that the Payment Gateway Services are appropriate or readily available for use in other areas, unless clearly specified differently. It is completely the responsibility of those who access or use TimezERP products and services from other countries to comply with all Indian, international, and local laws and ordinances, including but not limited to export and import rules. You are not permitted to utilise TimezERP products or services from or on behalf of individuals or organisations in nations that India has officially embargoed.

Blocked or denied by the India government. Unless otherwise explicitly stated, all materials contained in the Timezerp Product and Services are solely directed to individuals, companies, or other entities located in India.

Right to Amend

The Company can modify or add to the provisions of this Agreement at any moment, depending on the situation. Use of the Payment Gateway Services or software following our email notification of such modifications will be deemed acceptance of the Agreement as changed by you. as well as to modify, remove, stop, or impose restrictions on any feature or element of the Timezerp products and services with or without prior notice that we, in our sole discretion, deem to be reasonable in Right to Amend.

Any rights or licences granted herein may not be transferred or assigned by you without our prior written approval; however, we may assign them without limitation or notification to you in the event that we sell all or nearly all of Timezerp’s assets. Any attempt by you to assign this Agreement, or any rights or licenses granted herein, without Timezerp’s express written consent will be null and void.

Parties

You, your respective representatives, allowed and approved successors (including those resulting from mergers and acquisitions), and any permitted assignee are each bound by this Agreement.

2. Indemnification of Trademark

You acknowledge full responsibility for all losses, damages, fines, and expenses resulting from or connected with any services you have used in violation of another party’s right, in violation of any law, or in violation of any of the terms, and you agree to indemnify TimezERP, its officers, employees, suppliers, and affiliates from any such losses, damages, fines, and expenses.

3. Suspension and termination

In the event of any suspected illegal activity, a violation of the terms of service, prolonged periods of inactivity, or requests from law enforcement or other governmental agencies, the company reserves the right to suspend any user account or temporarily disable access to all or part of any service.

4. Disputes: Choice of law, jurisdiction, and venue

You agree that any disputes arising out of or relating to this agreement or the Timezerp products and services will be resolved through arbitration and conciliation laws or litigation law, rules and regulation (as up to date and amended) governed by the Indian laws and constitution as applicable. The place of jurisdiction will be New Delhi.

This agreement is governed by the Indian laws without regard to its choice of law provisions.

Headings are included in this agreement for convenience only and will not be considered in interpreting this agreement. It will not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this agreement will not constitute a waiver of such right or provision. No waiver of any term of this agreement will be deemed a further or continuing waiver of such term or any other term.

5. Force Majeure

No party will be liable for any kind of delays in processing or other non-performance caused by circumstances such as fires, telecommunications failures, utility failures, power failures, equipment failures, labour conflicts, violence, war, terrorist attack, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations.

6. Survival

In addition to any planning that is reasonably necessary to complete or enforce the purpose of this agreement, legal to specific clauses that will survive termination of this agreement will last and remain in effect in accordance with their terms upon the termination of this agreement.

7. Termination and Other Legal Terms

Timezerp reserves the right to terminate users account or product in event of the breach of terms and usage guidelines. We might also terminate your account if found in breach of any of clauses. You might also terminate the agreement in writing by intimation prior 7 days of termination.

8. Taxes

It is your obligation to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of TimezERP (“Taxes”). It is your sole duty to assess, collect, report, or remit the correct tax to the proper tax authority.

We are not supposed to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You admit that we can make certain reports to tax authorities in regards to transactions that we process and users to which we provide TimezERP Product and services.

9. Your Data Security Obligations

You are fully responsible for the security of data on your site, through your app/product, or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security, and dissemination of any personal, financial, card, or transaction information (defined as “user data”) on your site/computer/device or through your app. While payment gateway helps to make compliance easier, you are solely responsible for compliance with any laws, regulations, or rules applicable to your business.

10. Your Privacy

Privacy and the protection of personal information are very important to us. You acknowledge that you have received, read in full, and agree with the terms of our privacy policy, linked to and incorporated into this agreement by reference, which contains your permission to our collection, use, retention, and disclosure of personal information as well as other matters. The privacy policy also explains how and for what purposes we collect, use, retain, disclose, and safeguard the personal information provided to us. You admit that we are required to provide your business name and limited information to financial services providers.

11. Authentication

TimezERP is liable to contact you via. Email, Call or SMS for proper authentication before using the software. Any software downloaded from any source, without proper authorization, Timezerp ERP holds the rights to nullify the software license.

12. Marketing/ Newsletters

By signing in/ registering at www.Timezerp.com, you agree to receive newsletters, marketing communication and promotional messages from eSampark Tech Solutions Pvt Ltd.

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