TERMS & CONDITION

  1. OVERVIEW

    Last Updated: August 28th, 2018

    This 36E Business License Agreement (hereinafter “Agreement”) is between 36th Element Technologies Pvt. Ltd.(hereinafter “ 36th Element” or “We” or “us”) and You or the Organization / Company you represent (hereinafter “You” or “Your” or “Customer” or “Client”). Here 36th Element Technologies Pvt. Ltd. is a company registered under the laws of India. This contract shall be governed by and construed in accordance with the laws of India.

    36E Business is a product of 36th ELEMENT Technologies Pvt. Ltd., but this Agreement is unique to 36E Business and its derivatives.

    Representatives of 36th Element are people employed directly (on the payroll of 36th Element) by 36th Element.
    Partners, resellers and people / organizations hired directly or indirectly by 36th Element as a freelancer or a consultant or contractor are NOT REPRESENTATIVES of 36th Element.

    By accessing or using the website (“36ebusiness.com” or any derivative of it “*.36ebusiness.com”) or any website / software / application / system / service / material / content that is built by or for 36th Element under the name 36E Business, you acknowledge that you have read, understood and agree to this Agreement and to comply with this Agreement.

    36th Element grants you a non-exclusive, non-transferable, limited permission to access the website as a potential customer or customer of 36E Business provided you comply with this Agreement.

    We might modify this Agreement to reflect changes in our software or website or any system or for other reasons deemed necessary by 36th Element. When we modify this Agreement we will inform you via an Email on your registered Email ID. The new Agreement will come to effect immediately on being posted on the website. If you do not understand the modifications, you can speak to your 36E Business Success Manager for clarification. If you do not agree to the modifications, you must discontinue your access or use of the website or any software / application / system / product / service that comes under 36E Business.

  2. SCOPE

    Last Updated: August 28th, 2018

    36th Element, Mumbai, India; have created multiple websites (Individually referred to as “36E Business Website” and Collectively “36E Business Websites”), softwares and systems; that allow the customers, employees of customers, 36E Business Partners and other such interested parties (hereinafter “User” or “Users”) to engage in a variety of activities, such as find information, access specific user data, license, make payments and / or research about 36E Business and related software, products or services.

    This agreement spans over all text, images, graphics, video, audio, data, code and software (Collectively, referred to as “Content”).

  3. INITIALIZATION

    Last Updated: August 28th, 2018

    Initialization is the process which begins when a customer purchases a product or service for the first time. During this process the customer is required to submit data such as company details, office locations, number of employees, growth rate, revenue, beginning date, company type (Public, Pvt. Ltd., LLP and other types), company category (like retail, software development) and company plans.

    Once the customer is initialized, 36th Element will generate an account for the customer using which the customer can access & use to setup or use the products or services they purchased.

  4. SUBSCRIPTION

    Last Updated: August 28th, 2018

    A customer is termed a ‘Subscriber’ when the customer completes the Initialization process according to the Initialization Terms. The customer has to pay a set amount according to a plan created by the user or a representative of 36th Element on behalf of the customer at the beginning of the monthly billing cycle.

    A customer can have only 1 subscription or no subscriptions running at any point of time.

    A subscription can be suspended or terminated at any time at the sole discretion of 36th Element according to Suspending Section and Termination Section. The customer can also cancel their subscription according to the Cancellation Section.

  5. CANCELLATION

    Last Updated: August 28th, 2018

    A customer can choose to cancel their subscription anytime.

    If the customer has paid all outstanding dues due to usage of any product or service, then the customer is allowed to Backup the data for a future restore (According to Backup of Data for Future Restore Section) or Delete the data (According to Deletion Section).

  6. SUSPENDING

    Last Updated: August 28th, 2018

    A customer’s account can be suspended by 36th Element with prior notice of 24 hours in the case of failure of making payment within 15 days of the invoice for the subscription being sent. If your account is suspended, you will lose access to the products or services.

    Notwithstanding any provision of these Terms, 36th Element reserves the right, with a notice of 24 hours and its sole discretion and without liability to the customer, to perform the following actions :

    Suspend your license to use any and all products or services, or any portion thereof.

    Block or Prevent your access or future access to any and all products or services.

    You can get your license reinstated or renewed according to the following cases :

    If your license has been suspended due to failure to make payment, you will have to make the payment of the amount due.

    If your license has been suspended due to misconduct or any reason other than failure of making payment, you will have to contact us and proceed according to the instructions provided by us at that point of time. Your license will be renewed / reinstated at our sole discretion.

  7. TERMINATION

    Last Updated: August 28th, 2018

    A customer’s account can be Terminated by 36th Element with prior notice of 24 hours in the case of failure of making payment within 60 days of Suspension.

    Notwithstanding any provision of these terms, 36th Element reserves the right, with a notice of 24 hours and its sole discretion and without liability to the customer, to perform the following actions :

    Terminate your license to use any and all products or services, or any portion thereof.

    Block or Prevent your access or future access to any and all products or services.

    You can get your license renewed according to the following cases :

    If your license has been terminated due to failure to make payment, you will have to make the payment of the amount due.

    If your license has been terminated due to misconduct or any reason other than failure of making payment, you will have to contact us and proceed according to the instructions provided by us at the point of time. Your license will be renewed at our sole discretion

  8. REINSTATEMENT AFTER CANCELLATION OR TERMINATION

    Last Updated: August 28th, 2018

    A customer can get their account reinstated according to the following cases :

    If you had cancelled your license according to the Cancellation Terms, then you can be reinstated immediately. If the customer had opted in for a data, then the data will be restored to their account. If the customer asked for the data to be deleted, then the account will be initialized as a new Account.

    If your license has been suspended, then it can be reinstated according to the following cases : If your license has been suspended due to failure to make payment, you will have to make the payment of the amount due. If your license has been suspended due to misconduct or any reason other than failure of making payment, you will have to contact us and proceed according to the instructions provided by us at that point of time. Your license will be renewed / reinstated at the sole discretion of 36th Element.

    If your license has been terminated, then it can be reinstated according to the following cases : If your license has been terminated due to failure to make payment, you will have to make the payment of the amount due. If your license has been terminated due to misconduct or any reason other than failure of making payment, you will have to contact us and proceed according to the instructions provided by us at the point of time. Your license will be renewed at the sole discretion of 36th Element.

    Reinstatement of your license may mean your license is reactivated back to the condition it was before suspension, or renewed and will begin as a new month subscription, whichever is chosen at the sole discretion of 36th Element.

  9. BACKUP OF DATA FOR FUTURE RESTORE

    Last Updated: August 28th, 2018

    If a customer during the cancellation process, is allowed and wants to keep the data stored, so that it can be restored at a later date when the user wants to be reinstated, would have to request for a backup, pricing for which will be provided at the time of the request. The Backup of Data service, comes under non-refundable products and services until specified otherwise and is also an annually payable service until specified otherwise.

    This backup can be set to be deleted at any time according to Deletion Section.

  10. DELETION

    Last Updated: August 28th, 2018

    If a customer during the cancellation process, is allowed and wants to delete their data stored, would have to request for a backup, pricing for which will be provided at the time of the request. The Deletion of Data service, comes under non-refundable products and services until specified otherwise.

    Once the deletion process is approved by both 36th Element and the Customer, the data will be deleted from the live production servers and from the production backups and any other backups maintained by 36th Element.

  11. RENEWAL TERMS

    Last Updated: August 28th, 2018

    The customer’s license to use the products and services will be renewed automatically on the 1st of every month. If the customer doesn’t want to renew or wants to stop their services, they should inform 36th Element according to Termination Section.

  12. DATA MIGRATION

    Last Updated: August 28th, 2018

    We currently do not have any service to allow the Migration of a Customer’s Data to Different Physical locations or systems. We plan to add this service in the future.

    Currently we do not have any service that allows for the migration of data from our platform to any other ERP solution or platform.

  13. LIMITATION OF LIABILITY

    Last Updated: August 28th, 2018

    Under no event should 36th Element be held liable for any Direct, Indirect, Incidental, Special or Consequential Damages, or Damages for Loss of Profits, Revenue, Data or Use, Incurred by you or any third party or any other customer, arising from your access or use of content or any software / product or services provided by 36th Element.

    Access or Use of any / all products or services offered by 36th Element is to be at your own / sole discretion and holds no liability over 36th Element.

  14. CONDITIONS OF USE

    Last Updated: August 28th, 2018

    A customer should not use these products or services for the following cases :

    Should not use the products or services to build or assist in the manufacturing of nuclear, chemical or biological bombs or weapons of mass destruction.

    Should not use the products or services for human-trafficking or drug smuggling.

    Should not use the products or services to assist or manage any illegal activities.

    If you are using the products or services for such illegal activities, we can and will terminate your account at our sole discretion.

  15. CUSTOMER RESPONSIBILITIES

    Last Updated: August 28th, 2018

    In order to access or use our Products or Services, you are required to initialize your account as per Initialization Section. You agree that any information you provide will always be accurate, correct and up to date.

    You are also required to abide by the Terms of Conditions of Use.

    You are responsible to maintain the confidentiality of any login credentials or any other data that is associated to your account used for the Access and Use of the products and services provided by 36th Element. Accordingly, you are responsible for any and all activities that occur under your account.

    Accessing or attempting to access any of our Products or Services or Content by any means other than through the means provided by us, is a strict violation to these terms and is strictly prohibited. You specifically agree not to access or attempt to access any of our Products or Services or Content through any automated, unethical, unconventional or means not provided or intended by us.

    Engaging in any activities that disrupt or interfere with our Product or Services, including the servers and/or networks to which our Resources are located or connected and Our Offline Running Applications or systems, is strictly prohibited.

    Attempting to copy, duplicate, reproduce, sell or trade our Products or Services is strictly prohibited. You are not allowed to resell our Products or Services without prior permission from 36th Element.

    Attempting to access, copy, reverse engineer or distribute the code of any product and / or services by you or a third-party through you is strictly prohibited. Access to any product or service for the reason of reverse engineering, copying or any malicious intent by you or a third-party through you is strictly prohibited.

    You are solely responsible for any consequences, losses or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you as explained above, which may lead to criminal or civil liability.

    We may provide various open communication channels on our website, such as blog comments, blog posts, public chat, forums, product ratings, social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication channels, which means it is your sole responsibility to make sure that any content that you submit on these platforms or communication channels abide to an ethical and responsible manner. You are not allowed to submit any of the following types of data :

    Illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist or contains any type of inappropriate or explicit language.

    Infringes on any trademark, patent, trade secret, copyright or other proprietary right of any party.

    Contains any type of unauthorized or unsolicited advertising.

    Impersonates any person or entity, including any representative of 36th Element.

    Any and all such content if reported can and will be discarded from the communication channels at the sole discretion of 36th Element. We will also give you a warning, and can revoke your access to the said communication channels at our sole discretion.

    We are not liable for any content posted by you or any third party user of our product and services. However, any content posted by you using any communication channels on our product or services or our website or any communication channels, if comply with the aforementioned points of allowed content, becomes the property of 36th Element and as such gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication channels as described, and does not refer to information that is provided as part of the initialization process or usage of the products or services.

  16. FEEDBACK

    Last Updated: August 28th, 2018

    Feedback, in any form, good or bad, is appreciated. We strive / wish to make our products and services the best, and most helpful to businesses. Feedback can be provided through any of our communication channels or directly to us via your Success Manager or Support Channels.

  17. OWNERSHIP OF SOFTWARE

    Last Updated: August 28th, 2018

    All products, services and content built by 36th Element or any third party for 36th Element directly or indirectly is solely and entirely owned by 36th Element.

    36th Element grants you a non-exclusive, non-transferable, limited permission to access the website, products or services or any content.

    At all points of time, any product or service and content are a property of 36th Element.

  18. OWNERSHIP OF DATA

    Last Updated: August 28th, 2018

    The data and content added to open communication channels, become property of 36th Element if it abides by Customer Responsibilities Section.

    Our products and services and some of our websites, require you to become a registered customer. You have to provide us certain information, which may include personally identifiable data according to Initialization Section and Subscription Section. By providing 36th Element with this data, you explicitly agree that we may collect, use, store and otherwise process your personal data for the purpose of providing you with access to the Products & Services.

    The data and content added in the account during the use of any product or services according to Subscription Section and Customer Responsibilities Section, will be owned by the customer. By providing this data / information you explicitly give us the permission to collect, use, store and process the data to provide you with access to the products and services.

    36th Element will not access or use Customer Data, except as necessary to provide Service to the Customer.

    For further information about access of data please view the privacy policy.

  19. PAYMENTS & MODES OF PAYMENT

    Last Updated: August 28th, 2018

    The customer can pay the monthly usage fees and other fees for the Products and Services by mode of NEFT (National Electronics Funds Transfer System), RTGS (Real Time Gross Settlement), IMPS (Immediate Payment Service), NET BANKING, CREDIT CARD, DEBIT CARD and WALLETS (Currently we accept only Paytm).

    If you have authorised us to automatically deduct a specific amount or an dynamic amount according to usage, we will reserve that right on 1st of every month.

  20. CUSTOMER SERVICE / SUPPORT

    Last Updated: August 28th, 2018

    We will provide customer service and support to the customer as and when the customer requires.

    We reserve the right to revoke this right of the customer at anytime without prior notice at our sole discretion.

    We provide customer service and support as a service of 36E Business. The fees of this service if charged is a non-refundable fee, until mentioned otherwise.

  21. FORCED MAJEURE

    Last Updated: August 28th, 2018

    Neither party will be liable for failure or delay in any deliverables to the extent caused by circumstances beyond its reasonable control.

  22. INDEMNIFY

    Last Updated: August 28th, 2018

    BY CUSTOMER : Unless prohibited by applicable law, the Customer will defend and Indemnify 36th Element and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from : Any Customer Data or customer / users activities on the products or services. Customer’s or Users’ use of the Services in violation of the AUP (Acceptable Use Policy). This Terms & Conditions will serve as an AUP.

    BY 36TH ELEMENT : 36th Element will defend and indemnify Customer and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising solely from an Allegation that use of : 36th Element’s in this Case 36E Business’s Technology used to provide the Services (excluding any open source software) or Any 36th Element or 36E Business Brand Feature infringes or misappropriates the third party’s patent, copyright, trade secret or trademark.

    EXCLUSIONS : These terms (Terms of Indemnification) will not apply to the extent the underlying Allegation arises from : The indemnified party’s breach of this Agreement. Modifications to the Indemnifying party’s technology or Brand Features by anyone other than the indemnifying party. Combination of the Indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party. Use of non-current or unsupported versions of the Products and Services.

    CONDITIONS : The Indemnify Sections 1 & 2 will only apply to the extent : The Indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this section prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Indemnify Sections 1 & 2 (as applicable) will be reduced in proportion to the prejudice. The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: The indemnified party may appoint its own non-controlling counsel, at its own expense Any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.

    REMEDIES : If 36th Element reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then 36th Element may, at its sole option and expense: Procure the right for Customer to continue using the Products or Services. Modify the Products or Services to make them non-infringing without materially reducing their functionality. Replace the Products or Services with a non-infringing, functionally equivalent alternative. If 36th Element does not believe these remedies are commercially viable, then 36th Element may suspend or terminate the Customer’s use of the Impacted Products or Services or the Impacted Feature of the Product or Service.

    SOLE RIGHTS AND OBLIGATIONS : Without affecting either party’s termination rights, this Section states the parties’ only rights and obligations under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings.

  23. INTELLECTUAL PROPERTY RIGHTS

    Last Updated: August 28th, 2018

    As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

    All Intellectual Property Rights to any 36th Element Products, Services, Software, Websites, Materials, Content, User Content and User Data belongs to 36th Element or the customer that submitted it. Nothing in this T&C shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer or sell any 36th Element Products, Services, Software, Websites, Materials, Content, User Content or User Data for any reason, unless otherwise expressly permitted by 36th Element or by Law. You hereby agree to assign and do assign to 36th Element (and 36th Element accepts such assignment) any modifications or derivative works of any 36th Element Products, Services, Software, Websites, Materials and Content made by you in contravention of this limitation without remuneration of any kind.

    INTELLECTUAL PROPERTY RIGHTS : Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and 36th Element owns all the Intellectual Property Rights in the Products, Services, Software, Websites or Content.

    USE OF CUSTOMER DATA : 36th Element will not access or use Customer Data, except as necessary to provide the Products and Services to Customer.

    CUSTOMER FEEDBACK : If the Customer provides 36th Element with Feedback about the Products or Services or Content, then 36th Element may use that information without obligation to Customer, and Customer hereby irrevocably assigns to 36th Element all right, title, and interest in that Feedback.

  24. BUSINESS RELATIONSHIPS

    Last Updated: August 28th, 2018

    Our website, software, product or services may provide links or references to non-36th Element websites and resources. 36th Element makes no representations, warranties, or other commitments or endorsements whatsoever about any non-36th Element websites, softwares, products or services or third-party resources that may be referenced, accessible from, or linked to any 36th Element website, software, product or services. In addition, 36th Element is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a 36th Element website, software, product or services. When you access a non-36th Element website, even one that may contain the 36th Element-logo, please understand that it is independent from 36th Element, and that 36th Element does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information, softwares, devices and data.

  25. ADVERTISEMENTS & PROMOTIONS

    Last Updated: August 28th, 2018

    36th Element may run advertisements and promotions from third parties on the Products or Services or Websites. Your correspondence or business dealings with, or participation in promotions of, advertisers other than 36th Element found on or through the Products or Services or Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. 36th Element is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-36th Element advertisers on the Products or Services or Websites.

  26. ANALYTICS & INSIGHTS

    Last Updated: August 28th, 2018

    We might collect, use, store and process customer data and logs, to provide analytics & insights for your business.

    We might collect, use, store and process customer data and logs anonymously for market analysis & insights that we will use to better our products and services and to provide you with products and services.

    By using our products, services and websites you have given us permission to perform the aforementioned processes.

  27. SCHEDULED & EMERGENCY DOWNTIMES

    Last Updated: August 28th, 2018

    With our systems and redundancies we should not have any downtimes. We reserve the right to schedule system downtimes for maintenance, updates and other system / infrastructure related issues / problems once every week. We will schedule these downtimes between 3 AM and 6 AM, sunday. We will only go ahead with the downtime if we require, to which will be decided at the sole discretion of 36th Element. We will add notifications on the websites to display the dates and timing of the downtime. We might also notify the user / customer of the downtime via mail.

    We might experience some unforeseen issues, or problems that we might need to tackle at the soonest. This might warrant an emergency downtime, which we reserve the right to announce an emergency downtime anytime without timeframe when the services will be back online. We will not exercise this right more than once a month.

    That being said, we strive to achieve 100% uptime.

  28. DISCLAIMERS

    Last Updated: August 28th, 2018

    Except as expressly provided for in this agreement, to the maximum extent permitted by applicable law, 36th Element, its partners and suppliers do not make any warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use and non infringement.

    Except where expressly provided otherwise, the website, products or services, all content, materials, information and software provided on the site, are provided on an “as is” and “as available” basis. 36th Element or its partners or suppliers make no warranty that :

    The website, products, services, materials or software will meet your requirements.

    The website, products, services, materials or software will be available on an uninterrupted, timely, secure, or error-free basis.

    The results or processed data that may be obtained from the use of the website, products, services, materials or software will be accurate or reliable.

    The quality of any product, service, software or any material purchased or obtained by you through the site will meet your expectations.

    36th element, its partners and its suppliers are not responsible or liable for the deletion of or failure to store any customer data and other communications maintained or transmitted through use of the products or services.

    Neither the software nor the products or services are designed, manufactured, or intended for high risk activities.

    Any product, service, content, materials, information or software downloaded or otherwise obtained through the use of the site is done at your own discretion and risk.

    36th Element, its partners and its suppliers are not responsible for any damage to your computer system or loss of data that results from download of any product, service, content, material, information or software.

  29. CONFIDENTIALITY

    Last Updated: August 28th, 2018

    You, the customer is required to maintain the confidentiality of confidential information. The products, services, non-publicly displayed content on the website(s) and materials provided by 36th Element are confidential information. The Customer is not allowed without prior written permission from an authorized personnel, to display this confidential information to any third-party. The authorized personnel is required to show a proof of authority directly signed and stamped by a director of 36th Element Technologies Pvt. Ltd..

  30. SURVIVAL

    Last Updated: August 28th, 2018

    Upon any termination of your account, or 36th Element’s written request, you must cease use of Confidential Information, and / or 36th Element’s Websites, Products, Services, Content and Material and return or destroy (with evidence of destruction) all Confidential Information in your possession or control. You under no circumstances are you allowed to make copies or duplicates of the Confidential Information.

    The Terms of this Agreement will survive termination of your Account.

  31. EMAIL SUBSCRIBERS

    Last Updated: August 28th, 2018

    The (non) registered users or customers who have subscribed to email newsletters, will be mailed as per a weekly or monthly newsletter.

    The (non) registered users or customers are allowed to unsubscribe from the weekly or monthly newsletters.

    The customers will receive emails on notifications in changes in account settings on their registered email id.

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