USER’S TERMS & CONDITIONS
- ZENSUGGEST Services- are defined as the services offered by ZENSUGGEST, including suggestion to Businesses/Organisations/Professionals in selecting desired Software Solution and other services that ZENSUGGEST offers through its website (collectively, “ZENSUGGEST Services”).
2. RELEVANT CONDITIONS FOR USER (TERMS OF SERVICE)
- Your use of the Service, including any content, information or functionality contained within it, is provided 'as is' and 'as available' with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
- You will not use the service to store, host, or send unsolicited email (spam) or SMS messages.
- You understand that the Service can be used for transmission of your Content, and that during processing; your Content may be transferred unencrypted over the Internet.
- ZenSuggest makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free and (iv) and any Service Level Agreement that bugs or errors in the Service will be corrected within a stipulated time.
3. LICENSE TO ACCESS
4. USER ACCOUNT AND SECURITY
- ZENSUGGEST is not responsible for the confidentiality of the User’s Display Name and Password and User shall be responsible for all activities that occur under their Display Name and Password.
- By merely visiting or using the ZENSUGGEST website, You agree that if any information provided by you is untrue, inaccurate, not current or incomplete, ZENSUGGEST shall have the right to indefinitely suspend or terminate or block access of your membership on the Website.
- Your registration on the ZENSUGGEST website shall be deemed to be your consent to be contacted for any purpose pertaining to sell/purchase or anything for that matter, (i) on the mobile number shared by you even if you are registered with the National User Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
6. Data Processing by Software Vendor
- For the purposes of this section:
- “Controller”, “Processor” and “Personal Data” shall assume the meanings ascribed to them as under EU General Data Protection Regulation (EU) 2016/279 (“GDPR”) unless otherwise defined.
- “Applicable Data Protection Laws” means privacy, data security, and data protection laws, directives, and regulations in any jurisdiction applicable to the Personal Data processed for the Services.
- “Primary Purpose” shall mean aiding or assisting Users in their use of the ZenSuggest Services.
- “Receiving Controller” means the software vendors that receive the Personal Data from ZenSuggest in connection with the ZenSuggest Services.
- “Third-Party Provider” means any agent or other third party that the Receiving Controller authorizes to act on its behalf.
- Where required by Applicable Data Protection Laws, before processing Personal Data to contact prospective software buyers for any purposes other than the Primary Purpose, including for advertising, promotion or marketing (“Secondary Purpose”), the Receiving Controller will provide explicit notice to individuals in writing of the Secondary Purpose and maintain a mechanism enabling individuals to opt-out of the Secondary Purpose at any time.
- The Receiving Controller will have in place reasonable technical and organizational measures to protect Personal Data against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, or access. The Receiving Controller will ensure that such measures provide a level of security reasonable to the risk represented by the processing and the nature of the data to be protected including:
- using reasonable and secure data transfer methods to transfer any Personal Data across any network other than an internal company network owned and managed by that party;
- assuming responsibility for any unauthorized access to Personal Data under the Receiving Controller’s custody or control (or Third-Party Provider(s)’ custody or control); and
- providing reasonable ongoing privacy and information protection training and supervision for all personnel (including Third-Party Providers) who process Personal Data.
- In fulfilling its obligations under the Terms, the Receiving Controller will comply with Applicable Data Protection Laws, including to the extent applicable:
- providing all required notices or obtaining all required consents from individuals before processing the Personal Data, including before disclosing it to the other party;
- providing individuals with rights in connection with Personal Data they process, in a timely manner, including the ability of individuals to:
- access or receive their Personal Data in an agreed-upon format; and
- correct, amend, or delete Personal Data where it is inaccurate, or has been processed in violation of Applicable Data Protection Laws; and
- responding to enquiries from data subjects or entities with supervisory or regulatory authority over either party concerning its processing of Personal Data.
7. Reviewer Guidelines
- 4 Keys To Submitting A Verified Review
- Identity Check
Our team of experts see to it that the right person gives the review. To ensure this, they check upon the reviewer's Name, Job Title, or Email Address. If the team fails in verifying the reviewer's identity, we won't publish the review.
- Conflict of Interest
Our team will verify the name and company of the reviewer against the product he/she reviews. If in any way, he/she is found associated with the vendor or identified as a vendor's direct competitor, we won't publish the review.
- Content Check
Each review gets evaluated by our team of experts to ensure that it is authentic and meets our quality standards. If the content doesn't match our Content Quality Standards, we won’t publish the review.
- Our Content Quality Standards (which includes the following, but isn’t limited to)
- Inappropriate, violent, or hateful language: The review should not contain any obscene language. Neither should it be bullying nor discriminatory.
- Spam: The review should not be self-promoting or nonsensical
- Duplicate: The review should not be a copy of the one already published online
- Invalid Reviewer: The vendor should neither write reviews on behalf of the customers nor hire reviewers to write fake reviews. This will be considered a fraud, and necessary actions might be taken.
- We have a set of tools to ensure that the review we publish is original and help other seekers make an informed purchase decision. The review that won’t pass our standard parameters will not be considered.
- Voucher Claim Policy.
- Verify review by adding an invoice or screenshot (paid version dashboard screenshot or billing details dashboard screenshot, we ensure complete confidentiality) to claim the voucher.
- Only user who have paid subscription of the software are eligible to claim any reward for the review submited.
Reviewers, who attempt to abuse our program, violate our guidelines, or are identified as spammers may be subject to penalties (which may include legal penalties). We also reserve the right to disable all of their published reviews.
As a neutral review platform, we won’t evaluate or claim the merit of the opinions given on our site. Also, we are not liable to check the facts while assessing the reviews to be published. However, we do offer third-party rights to flag reviews for investigation.
- Vendor Guidelines
To ensure the safety of your buyers’ right, we ask vendors to adhere to the following guidelines concerning their product and service reviews.
- Vendors must not attempt to influence reviews/ratings
Federal Law forbids the imposition of any non-disparagement contract clauses in customer contracts. Inclusion of any such clause is viewed as an attempt to inflate reviews or ratings by ZenSuggest. If any vendor involves such clauses to inflate the reviews/ratings, penalties will apply to the vendor's portal. Also, we reserve the right to take down reviews on that basis.
- Vendors must not review their or a competitor’s product
ZenSuggest strictly prohibits vendors from reviewing their own product or posting a review on the customer's behalf. More so over, vendors must not post any reviews that direct any kind of strategic or financial benefit.
Vendors are not allowed to collect a host of reviews for our site. Only the users can submit reviews directly to our website via the review form. We do not allow vendors to review their competitor's product even though it is based on the actual experience of using the product.
- Vendors must not harass reviewers based on their ratings or reviews
Vendors are encouraged to respond constructively to the reviews on our site with the “reply” feature within the Vendors Portal. The responses must be respectful and may not contain any abusing, violent, or harassing language. However, vendors are not allowed to contact the reviewer directly or indirectly regarding the content of a review.
- Vendors are prohibited to abuse our review investigation service
At ZenSuggest, we would be happy to investigate reviews flagged as violating our Review Guidelines. However, if we have a reason to suspect that the vendor is trying to abuse our system by unnecessarily flagging reviews for investigation, we may, at our discretion, impose penalties on the vendor's account.
These vendor's guidelines are applied equally to all vendors regardless of their account status. Any violation of these guidelines is subject to penalties imposed by ZenSuggest and the law. We reserve the right to decide the penalties, which may include a comment on Vendor's profile or suspension of services.
- Use of the website is available only to persons who can form a legally binding contract. If you are a minor i.e. under the age of 18 years, you may use the ZENSUGGEST website only with the involvement of a parent or guardian.
9. USER SUBMISSIONS FOR USING THE ZENSUGGEST WEBSITE
- Any alteration of the material or use of the material contained in the Website for any commercial purpose is a violation of the copyright of ZENSUGGEST and/or its affiliates or associates or of its third-party information providers. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the ZENSUGGEST or its vendor or third party that own and control the Marks.
- You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not ZENSUGGEST is responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
- You must not use the Website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity, to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety.s
- The Site may include links to certain websites, materials, or content developed by third parties. ZENSUGGEST has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ZENSUGGEST of the Site. Use of any such linked website is at Your own risk. ZENSUGGEST reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
11. MODIFICATION OR REMOVAL OF SOFTWARE
- ZENSUGGEST gives an option to Software Vendors to either remove or modify their Software on the ZENSUGGEST website. Any of the Vendors who wish to modify or remove their Company/Software from the website, may inform about the same by sending an email at [email protected]
- For the services bought, you have to make a one- time payment. The Users have an option to remit the payment either in Indian Rupees or U.S Dollars.
- You agree and acknowledge that ZENSUGGEST has collaborated with various payment gateways for carrying out transaction. At the time of transaction, you may be asked to provide net-banking or debit/credit card information only for the purpose of carrying out the desired transaction. This information is not saved with the ZENSUGGEST website but with independent Vendor’s/Third Party gateways. In case of any issue arising out of any transaction or anything else for that matter through the said payment gateways, ZENSUGGEST shall not be held liable.
13. ORDER OF SOFTWARE ON THE WEBSITE
- ZENSUGGEST lists the Softwares of the Vendors in the order in which it deems appropriate.
- ZENSUGGEST recommends that YOU determine the appropriate Software according to your best judgment and YOU shall not hold ZENSUGGEST or its affiliates liable for your decision based on the order of the Software listed.
14. COPYRIGHT AND OWNERSHIP
- ZenSuggest or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which ZenSuggest or its suppliers own.
- ZenSuggest claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
- That you will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our Content or related information from any of our Sites (except as expressly permitted by us) or otherwise without authorization use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools.
16. FORCE MAJEURE
- The Arbitral Tribunal shall be composed of one Arbitrator appointed by ZENSUGGEST.
- The place of Arbitration shall be at Ahmedabad, Gujarat.
- The Arbitral procedure shall be conducted in English language and the award/s shall be rendered in English.
- e procedural Law of the Arbitration shall be Indian Law.
- The award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply.
- The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian Law, and shall be subject to the exclusive Jurisdiction of the Courts at Ahmedabad, Gujarat.
18. ALTERATION OR AMENDMENTS TO THE TERMS & CONDITIONS
- ZENSUGGEST reserves the right to make changes to the policies, and these terms & conditions at any time. You will be subject to the policies and terms & conditions in force at the time, unless any change to those policies or these conditions is required to be made by Law or Government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- The Services offered through ZENSUGGEST website contain certain trade-marks, logos or service marks (“marks”) which are owned by the respective brand owners/Vendors or its applicable Assignors and ZENSUGGEST does not have any ownership or claim over the said marks or for that matter any other form of intellectual property.
- The Vendor agrees and acknowledges that ZENSUGGEST may re-use the Names as well as to use the Trademarks, Service marks and Logos ("marks"), of the Softwares listed on the Website for various purposes, including but not limited to lead-generation purpose and the Vendors or its Licensors, shall not claim any action for wrongful use against ZENSUGGEST for the said use.
- ZENSUGGEST specifically disclaims ownership over the features of the Products/ Services as well as the Products/ Services listed on the ZENSUGGEST Website. The ownership of each such feature of products/ services as well the associated Intellectual Property belong to respective Vendor or brand owner only.
- ZENSUGGEST has no control over the Reviews or the genuinity of the Reviews mentioned on its Website and YOU should take appropriate decision based on your best judgment and ZENSUGGEST or its affiliates will not be held liable for any decision of yours’ based on the Reviews as mentioned on the Website.
- ZENSUGGEST and its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the service. Your sole remedy for dissatisfaction with the service is to stop using the service. Our aggregate liability in connection with any claim arising out of or relating to the website and/or the products, information, documents and services provided herein or hereby shall not exceed the fee paid by the user during the preceding 6 months period.
20. UPDATION IN AGREEMENT / POLICY
- During regular intervals, ZENSUGGEST may update its Agreement and/or Policies for the Customer and all Customers shall be bound by the latest applicable updated Agreement and/ or Policy.
21. TERMS FOR PARTNERS
- Any consultant /partners /affiliate or anyone who submits leads to ZenSuggest under the Lead Partner/Consultant Partner or any other partnership program of ZenSuggest must hold the ownership of the submitted leads at the time of submitting the lead. Any consultant / business partners / affiliate who submits leads to ZenSuggest under the Lead Partner or Consultant Partner Program must have the ownership of the submitted leads.
- User may contact ZENSUGGEST in case of any queries/claims relating to the Website or sale and purchase of services provided by ZENSUGGEST at: Email id : [email protected]