Terms Of Services
These terms and conditions shall govern your use of our Cloud
service.
By using our cloud service, you accept these terms and
conditions in full; accordingly, if you disagree with these terms and
conditions or any part of these terms and conditions, you must not use our
(ZKTeco) cloud service.
If you register with our cloud service, submit any material to
our Cloud Service or use any of our cloud services, we will ask you to
expressly agree to these terms and conditions.
You must be at least 18 years of age to use our Cloud Service;
by using our Cloud Service or agreeing to these terms and conditions, you
warrant and represent to us (ZKTeco) that you are at least 18 years of age.
This document was created using a template from SEQ Legal.
Copyright (c) 2020 ZKTeco Global.
Subject to the express provisions of these terms and conditions:
we, together with our licensors, own and control all the
copyright and other intellectual property rights in our Cloud Service and the
material on our Cloud Service; and
all the copyright and other intellectual property rights in our
Cloud Service and the material on our Cloud Service are reserved.
You may:
view pages from our Cloud Service in a web browser;
download pages from our Cloud Service for caching in a web
browser;
print pages from our Cloud Service for your own personal and
non-commercial use, providing that such printing is not systematic or
excessive;
stream audio and video files from our Cloud Service using the
media player on our Cloud Service; and
use our Cloud Service services by means of a web browser,
subject to the other provisions of these terms and conditions.
Except as expressly permitted by Section 4.1 or the other provisions
of these terms and conditions, you must not download any material from our
Cloud Service or save any such material to your computer.
You may only use our Cloud Service for your own personal and
business purposes; you must not use our Cloud Service for any other purposes.
Except as expressly permitted by these terms and conditions, you
must not edit or otherwise modify any material on our Cloud Service.
Unless you own or control the relevant rights in the material,
you must not:
republish material from our Cloud Service (including
republication on another Cloud Service);
sell, rent or sub-license material（including any data from the material，the same below）from our Cloud Service;
show any material from our Cloud Service in public;
exploit material from our Cloud Service for a commercial
purpose; or
redistribute material from our Cloud Service.
Notwithstanding Section 4.5, you may redistribute our newsletter
in print and electronic form to any person.
We reserve the right to suspend or restrict access to our Cloud
Service, to areas of our Cloud Service and/or to functionality upon our Cloud
Service. We may, for example, suspend access to the Cloud Service during server
maintenance or when we update the Cloud Service. You must not circumvent or
bypass, or attempt to circumvent or bypass, any access restriction measures on
the Cloud Service.
You must not
use our Cloud Service in any way or take any action that causes,
or may cause, damage to the Cloud Service or impairment of the performance,
availability, accessibility, integrity or security of the Cloud Service;
use our Cloud Service in any way that is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity;
hack or otherwise tamper with our Cloud Service;
probe, scan or test the vulnerability of our Cloud Service
without our permission;
circumvent any authentication or security systems or processes
on or relating to our Cloud Service;
use our Cloud Service to copy, store, host, transmit, send, use,
publish or distribute any material which consists of or is linked to any
spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software;
impose an unreasonably large load on our Cloud Service resources
including bandwidth, storage capacity and processing capacity;
decrypt or decipher any communications sent by or to our Cloud
Service without our permission;
conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and data
harvesting) on or in relation to our Cloud Service without our express written
consent;
access or otherwise interact with our Cloud Service using any
robot, spider or other automated means, except for the purpose of search engine
indexing;
use our Cloud Service except by means of our public interfaces;
use data collected from our Cloud Service for any direct
marketing activity including without limitation email marketing, SMS marketing,
telemarketing and direct mailing; or
do anything that interferes with the normal use of our Cloud
Service.
You must not use data collected from our Cloud Service to
contact individuals or make any inappropriate approach or
interference to individuals, companies or other persons or entities.
You must ensure that all the information you supply to us
through our Cloud Service, or in relation to our Cloud Service, is true,
accurate, current, complete and non-misleading.
To be eligible for an account on our Cloud Service under this
Section 6, you must be a client, customer, or end customer with ZKTeco.
You may register for an account with our Cloud Service by
completing and submitting the account registration form on our Cloud Service.
You must not allow any other person to use your account to
access the Cloud Service.
You must notify us in writing immediately if you become aware of
any unauthorised use of your account.
You must not use any other person's account to access the Cloud
Service, unless you have that person's express permission to do so.
Please keep your account safe. If your account is misused,
embezzled, or lost due to your own reasons, you shall bear the responsibility
independently.
If you register for an account with our cloud service, we will
make your Email as your user ID and password as entered by your choice.
Your user ID must not be liable to mislead and must comply with
the content rules set out in Section 10; you must not use your account or user
ID for or in connection with the impersonation of any person.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of
any disclosure of your password.
You are responsible for any activity on our Cloud Service
arising out of any failure to keep your password confidential, and may be held
liable for any losses arising out of such a failure.
We reserve the right to:
edit your account details, at any time in our sole discretion and
for reasonable causes, with or without notice to you, unless otherwise
stipulated by law.
In these terms and conditions, your content means all works and
materials (including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files) that you
submit to us or our Cloud Service for storage or publication on, processing by,
or transmission via, our Cloud Service.
You grant to us a worldwide, irrevocable, non-exclusive,
royalty-free licence to use, reproduce, store, adapt, publish, translate and
distribute your content in any existing or future media OR reproduce, store and
publish your content on and in relation to this Cloud Service and any successor
Cloud Service OR reproduce, store and, with your specific consent, publish your
content on and in relation to this Cloud Service.
You grant to us the right to sub-license the rights licensed
under Section 9.2.
You grant to us the right to bring an action for infringement of
the rights licensed under Section 9.2.
You hereby waive all your moral rights in your content to the
maximum extent permitted by applicable law; and you warrant and represent that
all other moral rights in your content have been waived to the maximum extent
permitted by applicable law.
You may edit your content to the extent permitted using the
editing functionality made available on our Cloud Service.
Without prejudice to our other rights under these terms and
conditions, if you breach any provision of these terms and conditions in any
way, or if we reasonably suspect that you have breached these terms and
conditions in any way, we may delete, unpublish or edit any or all of your
content.
You warrant and represent that your content will comply with
these terms and conditions.
Your content must not be illegal or unlawful, must not infringe
any person's legal rights, and must not be capable of giving rise to legal
action against any person (in each case in any jurisdiction and under any
applicable law).
Your content must not be illegal or unlawful, must not infringe
any person's legal rights, and must not be capable of giving rise to legal
action against any person (in each case in any jurisdiction and under any
applicable law).
be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark
right, design right, right in passing off or other intellectual property right;
infringe any right of confidence, right of privacy or right
under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime, instructions for the
commission of a crime or the promotion of criminal activity;
be in contempt of any court or in breach of any court order;
be in breach of racial or religious hatred or discrimination
legislation;
be blasphemous;
be in breach of official secrets legislation;
be in breach of any contractual obligation owed to any person;
depict violence in an explicit, graphic or gratuitous manner;
be pornographic, lewd, suggestive or sexually explicit;
be untrue, false, inaccurate or misleading;
consist of or contain any instructions, advice or other
information which may be acted upon and could, if acted upon, cause illness,
injury or death, or any other loss or damage;
constitute spam;
be offensive, deceptive, fraudulent, threatening, abusive,
harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
cause annoyance, inconvenience or needless anxiety to any
person.
We do not warrant or represent:
the completeness or accuracy of the information published on our
Cloud Service;
that the material on the Cloud Service is up to date;
that the Cloud Service will operate without fault; or
that the Cloud Service or any service on the Cloud Service will
remain available.
We reserve the right to discontinue or alter any or all of our
Cloud Service services, and to stop publishing our Cloud Service, at any time
in our sole discretion without notice or explanation; and save to the extent
expressly provided otherwise in these terms and conditions, you will not be
entitled to any compensation or other payment upon the discontinuance or
alteration of any Cloud Service services, or if we stop publishing the Cloud
Service.
To the maximum extent permitted by applicable law and subject to
Section 12.1, we exclude all representations and warranties relating to the
subject matter of these terms and conditions, our Cloud Service and the use of
our Cloud Service.
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury
resulting from negligence;
limit or exclude any liability for fraud or fraudulent
misrepresentation;
limit any liabilities in any way that is not permitted under
applicable law; or
exclude any liabilities that may not be excluded under
applicable law.
The limitations and exclusions of liability set out in this
Section 12 and elsewhere in these terms and conditions:
are subject to Section 12.1; and
govern all liabilities arising under these terms and conditions
or relating to the subject matter of these terms and conditions, including
liabilities arising in contract, in tort (including negligence) and for breach
of statutory duty, except to the extent expressly provided otherwise in these
terms and conditions.
To the extent that our Cloud Service and the information and
services on our Cloud Service are provided free of charge, we will not be
liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising
out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses,
including (without limitation) loss of or damage to profits, income, revenue,
use, production, anticipated savings, business, contracts, commercial
opportunities or goodwill.
We will not be liable to you in respect of any loss or
corruption of any data, database or software if we do not impose unreasonale interference.
We will not be liable to you in respect of any special, indirect
or consequential loss or damage.
You accept that we have an interest in limiting the personal
liability of our officers and employees and, having regard to that interest,
you acknowledge that we are a limited liability entity; you agree that you will
not bring any claim personally against our officers or employees in respect of
any losses you suffer in connection with the Cloud Service or these terms and
conditions (this will not, of course, limit or exclude the liability of the
limited liability entity itself for the acts and omissions of our officers and
employees).
Breaches
of these terms and conditions
Without prejudice to our other rights under these terms and
conditions, if you breach these terms and conditions in any way, or if we
reasonably suspect that you have breached these terms and conditions in any
way, we may:
send you one or more formal warnings;
temporarily suspend your access to our Cloud Service;
permanently prohibit you from accessing our Cloud Service;
block computers using your IP address from accessing our Cloud
Service;
contact any or all of your internet service providers and
request that they block your access to our Cloud Service;
commence legal action against you, whether for breach of
contract or otherwise; and/or
suspend or delete your account on our Cloud Service.
Where we suspend or prohibit or block your access to our Cloud
Service or a part of our Cloud Service, you must not take any action to
circumvent such suspension or prohibition or blocking (including without
limitation creating and/or using a different account).
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our
Cloud Service from the date of publication of the revised terms and conditions
on the Cloud Service, and you hereby waive any right you may otherwise have to
be notified of, or to consent to, revisions of these terms and conditions. OR
We will give you written notice of any revision of these terms and conditions,
and the revised terms and conditions will apply to the use of our Cloud Service
from the date that we give you such notice; if you do not agree to the revised
terms and conditions, you must stop using our Cloud Service.
If you have given your express agreement to these terms and
conditions, we will ask for your express agreement to any revision of these
terms and conditions; and if you do not give your express agreement to the
revised terms and conditions within such period as we may specify, we will
disable or delete your account on the Cloud Service, and you must stop using
the Cloud Service.
You hereby agree that we may assign, transfer, sub-contract or
otherwise deal with our rights and/or obligations under these terms and
conditions.
You may not without our prior written consent assign, transfer,
sub-contract or otherwise deal with any of your rights and/or obligations under
these terms and conditions.
If a provision of these terms and conditions is determined by
any court or other competent authority to be unlawful and/or unenforceable, the
other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms
and conditions would be lawful or enforceable if part of it were deleted, that
part will be deemed to be deleted, and the rest of the provision will continue
in effect.
A contract under these terms and conditions is for our benefit
and your benefit, and is not intended to benefit or be enforceable by any third
party.
The exercise of the parties' rights under a contract under these
terms and conditions is not subject to the consent of any third party.
Subject to Section 12.1, these terms and conditions, together
with our privacy policy, shall constitute the entire agreement between you and
us in relation to your use of our Cloud Service and shall supersede all
previous agreements between you and us in relation to your use of our Cloud
Service.
These terms and conditions shall be governed by and construed in
accordance with Indian Law.
Any disputes relating to these terms and conditions shall be
subject to the exclusive jurisdiction of the courts of India.
Pricing
and Payment
Prices throughout the Cloud Service are quoted in Indian Rupees
(INR), and payment can only be accepted in Indian Rupees. Tax will be charges
according to Goods Service Tax (GST).
In case of international credit cards, the transaction amount
will be converted to INR before the payment is accepted. Currency conversion
charges may apply based on your credit card policy.
Your payment card will be debited for your order on the day we
send you the formal order confirmation.
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