Terms of Use new

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Terms of Use

1. GENERAL INTRODUCTION

1.1. Any use of the web-based software i.e. via website https://app.zepth.com and mobile application named “ZEPTH” (hereinafter jointly referred to as the “Portal”), owned and operated by Zepth Technologies Private Limited, a company incorporated and existing under the provisions of the Companies Act, 1956/ 2013 having its registered office at 201, Tower-D, Pioneer Urban Square, Sector-62, Golf Course Ext. Road, Gurugram, Haryana, India (hereinafter referred to as “Zepth” or “us,” or “we”) is subject to these Terms of Use.

1.2. For the purposes of these Terms of Use, the term ‘Users’ shall mean and include any person who registers to use or access the Portal via the signup process, thereby through creation of an account and subsequently agrees to the Terms of Use and Privacy Policy of Zepth.

1.3. For the purposes of these Terms of Use, the term ‘services’ shall mean SaaS-based (Software as a Service) services provided by Zepth through its Portal which shall include, but not be limited to pre-construction management, resource management, finance management, quality and safety management, document management, risk management and other similar or related services as included in the Portal.

1.4. These Terms of Use are provided in an electronic format as prescribed under the Information Technology Act, 2000, the Rules made thereunder and the amendments regarding documents preserved in electronic format. These Terms of Use will govern the use of Portal by the Users.

1.5. Downloading, installing, browsing or otherwise using/ accessing the Portal signifies acceptance of these Terms of Use as well as formal agreement to be legally bound by the same.

1.6. These Terms of Use constitute the comprehensive terms and conditions for the use of the Portal. Any non-compliance with these Terms of Use may lead to disqualification from using the Portal and discontinuation of services offered by Zepth through its Portal.

1.7. Zepth reserves all rights to alter these Terms of Use as it may deem fit in its sole and absolute discretion without any obligation of issuing prior notification. Any major change or revision in these Terms of Use will be posted on Zepth Portal along with the date when the modification was made.

1.8. This document is an electronic record generated by a computer system and does not require any physical or digital signatures.

1.9. Any changes made to these Terms of Use by Zepth will be effective immediately and any continued use of the Portal after such change constitutes acceptance of such changes.

1.10. In order to use the Portal, agreement to these Terms of Use is the first step. The Terms of Use can be accepted by simply clicking on the space provided adjacent to “I Agree to Terms & Conditions”.

1.11. The Portal must not be used in any manner in case there is non- acceptance of these Terms of Use or inability to be bound by them.

2. REGISTRATION PROCESS

2.1. The Users shall be entitled to use the Portal by registering on the Portal after furnishing all relevant information as sought by Zepth. The Users who choose to register on the Portal and provide the requisite details, shall be responsible for maintaining the confidentiality of its username and password.

2.2. On successful registration, the Users will be able to access their own accounts by using the username and password chosen during the registration process. The Users shall solely be responsible for all activities that occur through their respective usernames and passwords.

2.3. Further, the Users agree, inter alia, to:
i. Provide true, accurate, current and complete information as prompted by the Portal’s registration form while registering (such information being the “Registration Data”);
ii. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
iii. Immediately notifying the Portal of any unauthorized use of password or account or any other actual or suspected breach of security; and
iv. Ensure safe logging out from account at the end of each session.

2.4. For the purposes of these Terms of Use, the term ‘Personally Identifiable Information’ or ‘PII’ shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by Zepth which is sufficient to identify an individual.

2.5. In relation to any PII being saved or processed, Zepth shall meet the requirements of Information Technology Law and shall adopt the technical and organizational measures as industry standards which are necessary to secure the PII of the User.

2.6. As the first step of the Registration process, the Website or Portal may require the following
PII to be provided, including without limitation to:

  • Name (First and Last name);
  • Email address;
  • Mobile number;
    Upon collection, the above-mentioned information shall be subject to the Privacy Policy of the Portal.

2.7. The Users shall be individually responsible for the accuracy and correctness of all such details/information provided during registration on the Portal. If Zepth has reason to doubt the correctness of any details/information furnished or in case any information furnished is found to be incorrect, false or misleading in nature or otherwise not in accordance with these Terms of Use, then Zepth shall be entitled to cancel or indefinitely suspend or block access to the Portal and refuse to provide access permanently or for such period as Zepth deems fit.

2.8. Zepth shall not be liable for any loss or damage arising from failure of the Users to comply with these Terms of Use. Zepth shall
not be liable for any unauthorized hacking of the Portal leading to leakage and misuse of PII.

2.9. The Users shall not –
i. select a username, mobile number, email address or any other personally identifiable information of any other person with the intent to impersonate that person; or
ii. use a name or contact details subject to any rights of any other person without appropriate authorization.
In case a User does not adhere to the above conditions, Zepth reserves the right to refuse registration of or cancel registration of such User in its discretion.

2.10. Internet Carrier or Internet Service Provider charges levied for the use of the Portal shall be borne by the Users themselves.

2.11. Zepth services on the Portal are payable and the fee for the same is provided thereto. In order to avail such services the Users shall be required to make the payment and submitting the necessary details following the procedure provided for the respective service module and entering into the user subscription agreement.

3. ELIGIBILITY CRITERIA

3.1. Before making any use of the Portal, Users hereby represent and warrant to be at least eighteen (18) years of age or above and fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.

3.2. It is agreed that Zepth does not have the responsibility to ensure that Users conform to the aforesaid eligibility criteria. Zepth will not be responsible for any consequence that arises as a result of misuse of any kind of the Portal that may occur by virtue of any person including a minor
i.e. below the age of 18 years, registering for using the Portal.

3.3. Only those Users who comply with all laws and regulations in force shall be eligible to register with Zepth, and the Portal shall be used only in compliance with these Terms of Use in a manner that does not violate Zepth legal rights.

3.4. By viewing, navigating, downloading, registering or otherwise use of the Portal, the users, including but not limited to, Indian & International users, agree to comply with the provisions of these terms of use as well as the applicable laws of India

4. PRIVACY POLICY

4.1. Zepth shall be committed to ensuring that the information furnished, as a part of registration process mentioned above, is secure and no unauthorized access or disclosure takes place with respect to the same.

4.2. Purpose of collecting PII: The major purposes for the collection of PII are listed below:

i. For improving services offered and received using the Website;
ii. For keeping internal records;
iii. For market research purposes;
iv. For the purpose of enhancing User’s experience.

4.3. In case Users change their mind and wishes to discontinue sharing their PII, they may express such intention by mailing at support@zepth.com

4.4. Zepth reserves the right at all times to disclose any information as may be required by law. This may include disclosure of information for investigation of an alleged illegal activity or its response to a lawful court order. To know more about the Company’s policy on collection and use of data, please go through our Privacy Policy

5. REGISTRATION OF THE USERS

5.1. The Users will be required to register themselves on the Portal by providing information, including but not limited to:

(i) Name
(ii) Age
(iii) Date of Birth
(iv) State of Residence
(v) Residential Address
(vi) E-mail Address
(vii) Phone/Mobile No. etc.
(viii) Company details

5.2. The Users may also be required to furnish additional information on the basis of his preferences to avail certain features of the Portal. This information may include the following:
(i) Bank Account No.
(ii) Credit/Debit Card No.
(iii) Any other information that may be required in due time towards payment for services, if such services are chosen by the User.

5.3. The Users shall solely and exclusively be responsible for providing his correct, accurate and up-to-date information on the Portal.

5.4. The Users will be notified of their log-in credentials through e-mail on conclusion of his registration on the Portal.

5.5. The Users will be given an option to change the password for his account on the Portal in case of loss or compromise of password.

6. SERVICES ON THE PORTAL

6.1. The Users shall use the username and password created during the registration process for logging in to the Portal and using the same for services pertaining to construction project and management thereto.

6.2. The registered Users shall have the access to various service modules listed as under, by opting from the subscription plans offered on the Portal based on their specific business requirements and/ or the construction project intended to be undertaken by them:

A. Project Financials:
By opting for this service module, registered Users shall have the access to manage and control their expenses pertaining to the construction activities intended to be undertaken by budget monitoring (including change analysis to the root of each change order, impact assessment on project close-out in real-time, insight generation) cost control (whereby the Users may have a customized workflow management, management of payment milestones and schedules, one-click ready to share reports for better analysis in respect of the construction project intended to be undertaken), cashflow statements (whereby the Users can have a real time based analysis of projected and actual cashflows, tracking and maintaining ideal cash position for projects to mitigate any probable risks)

B. Document Management:
This service module provides a platform to a store of unlimited documents in varied formats and updated versions thereof as well as ready accessibility for the same by helping registered Users to be establish a consistent flow of information to avoid expensive delays and rework with a seamless and standardized submittals solution, providing a platform to raise, communicate and manage the coordination between the project stakeholders, efficiently validating the work on-site.

C. Quality Management:
This service module assists the registered Users to enhance project quality compliance by instilling accountability and transparency through streamlined paperless procedure, prompt time bound resolution including corrective actions for the problems detected, automated report generation process, digitalized inspections by collation of project data and monitoring progress reports, including provision of detailed non-conformance reports, ensure all aspects of the job have been completed to the highest quality with a detailed inventory of snags to ascertain accountability, improved collaboration and proper documentation.

D. Meet and Collaboration:
This service module helps to enhance productivity, efficiency and traceability for the construction project of the registered Users with advanced centralized collaboration tools to keep project timelines in check, including video callings with screen sharing, recordings, enhanced security features.; creation of task based minutes of meetings alongwith attachment of documents/ pictures; task management by organizing, prioritizing as well as assigning tasks.

E. Analytics Assessment:
This service module enables the registered Users to analyze the performance and progress of their construction project through dashboard which provides a real time overview of the status of the said construction project, manage delays and lapses that led to missed deadlines and unplanned expenditure as well as real-time reporting of project financials, quality, safety and resources.

F. Resource Management:
This service module assists the registered Users for efficient communication, faster approvals and enhanced productivity by collaborating with the other team members of the registered Users on a centralized platform whereby the project administrator can add or remove users, assign roles, reset password, and enable or disable module access in a project and securely sharing related documents alongside the contracts.

G. Safety Management:
This service module aids the registered Users to opt for good safety practices whereby customized safety checklists are provided to identify issues, initiate instant actions and recording and tracking past incidents to create strong safety protocols with the documented data and mitigation of similar risks for the future.

H. AI and 3D capture:
This service module assists the registered Users to opt for visualizing the progress of their construction project through video and photo updates documented on a visual timeline using capturing site data in real-time to generate highly accurate digital reconstruction of job site via deployment of drones and use of Zi- an AI-driven virtual assistant to fetch project reports, deliver key metrics and share critical issues

I. Field Reports:
This service module enables on-site teams of the registered Users to work with ease with streamlined daily progress reporting empowering the said on-site teams by recording consistent and detailed progress of a construction project while keeping track of the work done, maintaining comprehensive daily reports with logs of materials delivered and used onsite, field notes and progress and documentation of the equipment usage in a convenient and straightforward manner.

J. Risk Management
This service module enables teams of the registered users to identify risk associated to the construction project. The users can identify the impact of risk and create mitigation plan. The users can track the mitigation plan and generate report time to time for review.

6.3. The service modules for the chosen subscription plan shall be offered in the form of SaaS (Software as a Service).

6.4. The Users hereby acknowledge and agree that none of the services or outcomes generated therefrom constitute any advice or recommendation and that Users hereby assume the sole responsibility for reviewing and determining the accuracy, the suitability of the service and outcome generated therefrom for their purposes and the conformity to the requirements of all laws applicable to Users.

7. PAYMENT OBLIGATIONS

7.1. The Portal offers a varied range of subscription plans fixed at different prices for the registered Users to choose from. Each subscription plan incorporates service modules based on the requirement of the registered Users. Once the requisite subscription plan has been opted for by the registered Users, the Portal shall direct them to link for payment for the same.

7.2. The payment for the opted subscription plan may be made to Zepth by the registered Users through various modes like that of credit card, debit card, net banking through e-wallets such as PayTM, bank accounts, credit/ debit cards, or other legally accepted modes of transactions.

7.3. The information and/ or documents collected by Zepth from its registered Users shall be shared with these payment channels as applicable. Through these Terms of Use, the registered Users of Zepth gives its consent to share the said information and/ or document with the payment channels in order to complete the transaction as chosen by the registered Users.

7.4. The registered Users through these Terms of Use accepts that the payment made in furtherance of availing a subscription plan is a pre-paid, non-refundable payment made to Zepth charged on annual basis.

7.5. In case the registered Users wish to discontinue with the services offered by Zepth prior to the completion of their subscription plan, they shall do so formally in writing and after duly communicating the same to Zepth. In such circumstances, the registered user shall clear all of his remaining dues, if any, attributable to Zepth. Only after the clearance of the dues, Zepth shall officially terminate their services for the registered Users.

7.6. If the registered Users wish to upgrade the terms of their subscription plans, the same can be done after a communication regarding upgradation is made to Zepth and the registered Users makes the payment of the additional amount as per the upgraded subscription plan chosen by them.

7.7. Zepth reserve a right to change the payment terms including but not limited to enhancement of fees at any time as per the requirement of Zepth.

8. USE OF PORTAL

8.1. In consideration of the subscription fee payable as mentioned above, Zepth grants to a non-exclusive, revocable, non-transferable license (with no right to sub-license) in object code form only, for use of the Portal in accordance to the terms of this Agreement.

8.2. The registered Users agree that they shall be solely responsible for the content shared/ transmitted/ displayed/ uploaded by them in using the services offered through subscription plan opted offered on the Portal and opted by them.

8.3. The registered Users represent and warrant that they have the right to upload the share/ transmit/ display/ upload their content over the Portal and that such use does not violate or infringe on any rights of any third party.

8.4. Under no circumstances will Zepth be liable in any way for (a) any content that is shared/ transmitted/ displayed/ uploaded while using the Services, (b) errors or omissions in the content which is shared/ transmitted/ displayed/ uploaded, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to content.

8.5. Zepth reserves the right to delete any content which may be shared/ transmitted/ displayed/ uploaded on the Portal, at any time without notice to the registered Users, in case the same violates any provision of this Agreement, or any applicable law.

8.6. The registered Users give consent to Zepth to store recordings for any in respect of the content which has been shared/ transmitted/ displayed/ uploaded by the registered Users.

8.7. The registered Users acknowledge that Zepth are not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Portal and the responsibility pertaining to the same vests with the originator of such content

9. PROHIBITED USE

9.1. The Users shall use the Portal solely for personal purposes for the specific construction project which was registered during subscription & registration and shall not in any manner redistribute, resell, license or otherwise commercialize the services or the outcomes generated therefrom, including, without limitation, charging any fees for the same.

9.2. The Users shall not decompile, reverse engineer, or disassemble the contents of the Portal or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the use of the Portal.

9.3. The Users shall not use the Portal in any way that is unlawful or harms the goodwill or reputation of Zepth.

9.4. The Users shall not use the Portal in any way which:
i. Interferes with another person’s use of the Portal;
ii. Makes or transmits electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
iii. Transmits or makes available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Portal, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications;
iv. Uses the Portal in any manner that could damage, disable, overburden or impair any of the Zepth servers or the networks connected to any of the servers on which the Portal is hosted;

Use the Portal for purposes that are not permitted by these Terms of Use or any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.

10. ACCESS

10.1. The Users’ access to the Portal may be occasionally suspended or restricted for the purpose of repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.

10.2. There is no warranty, representation or guarantee that the Portal, or the use thereof will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that any information, software or other material accessible from the Portal is free from viruses or other harmful components.

10.3. Zepth does not warrant, guarantee or make any representation regarding the use of or the results arising from the use of the Portal either in terms of its compatibility with hardware or other software or equipment, and the Users must assume all responsibility and risk for use of the Portal its services, information.

11. BREACH

11.1. Without limiting other remedies, Zepth may, at its sole discretion may limit activity of the User, immediately for temporary/ indefinite period or may suspend or terminate or block membership and/or refuse to provide access to the Website or Portal in the event, including but not limited to:

a) Breach of the Terms of Use or any other rules and policies as displayed on the Website or Portal;
b) If Zepth is unable to verify or authenticate the information furnished by the Users;
c) In such circumstances wherein Zepth is of the opinion that there is a violation of any law(s) in force.

11.2. The Users willing to use the Portal also agree that any breach of these Terms of Use or any other rules or policy as displayed on the Portal will constitute an unlawful and unfair business practice, and will cause irreparable harm to Zepth, for which monetary damages would normally be inadequate. In case payment of monetary damages is deemed adequate remedy in Zepth opinion, the Users consent to pay the same to Zepth, which shall not forestall the obtaining of any injunctive or equitable relief that Zepth deems necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies Zepth may have in law or in equity.

11.3. If Zepth initiates any legal action as a result of any breach of these Terms of Use or any other rules or policy, Zepth shall also be entitled to recover all reasonable legal costs in respect of such action, in addition to any other relief available to Zepth under law.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. Intellectual Property of Zepth includes, but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of Zepth, content made literary and artistic works, schematics, patents, proposed trade secrets, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/ contracts entered by the Company, formulas, in-house software, VPN etc. Intellectual Property of Zepth also extends to the content made available by Zepth to the Users.

12.2. Users agree and acknowledge that all intellectual property rights associated with the service provided on the Portal or the outcomes resulting therefore are the intellectual property of Zepth, including but not limited to all such rights in any and all copies, modifications, enhancements, upgrades, translations, derivatives thereto.

Zepth reserves the right to take any legal recourse available for the protection of its Intellectual Property.

12.3. All intellectual property rights including trademarks & logos of Zepth and the Portal shall vest in Zepth and the Users shall not indulge in any act that construes such trademarks and logos of Zepth belong to the User.

12.4. Users shall not use, receive or copy any source code and look and feel of the Portal and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code of the Portal for any purpose whatsoever.

12.5. Access or use of the Portal does not confer and shall not be construed as conferring upon anyone the license to use Zepth Intellectual Property Rights.

13. THIRD PARTY INPUT

13.1. The Portal may contain links to third party websites or applications. By accessing such links, the Users shall be bound by the Terms of Use of such third-party website or applications. Zepth does not have any control over such third-party websites and does not warrant any use thereof. The Users agrees that the Zepth is not responsible or liable in any way with respect to the content of the third-party websites. It is further clarified that availability of third-party link/ content on the Website or Portal is not an endorsement of any sort by Zepth. The Users shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such third parties.

The Users are hereby informed that while accessing the Portal, Zepth and the Users might have to rely on information/ data / statistics provided by the third parties. The Users agree that Zepth relies on such input of data from third parties and that Zepth shall not be responsible or liable in any manner with respect to the accuracy, quality or any delay in accessing such data or the content/ data displayed by Zepth by relying on the information/ data / statistics provided by such third parties.

14. TERMINATION/DELETION OF ACCOUNT

14.1. The Users are solely responsible for properly deleting their account, by sending an email to support@zepth.com or Portal.

14.2. All of the Users’ content will immediately be inaccessible from the Website and Portal upon deletion. Within 15 working days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.

14.3. Zepth, in its sole discretion, has the right to suspend or terminate the User’s account in case of prolonged inactivity or misuse of the Portal which is a violation of any provision(s) of these Terms of Use or violation of any applicable law. Such termination will result in the deactivation or deletion of the Users’ account or access to the account, and the forfeiture and relinquishment of all content in the account. Zepth reserves the right to refuse service to anyone for any reason at any time.

15. INDEMNIFICATION

The Users agree to indemnify, defend and hold harmless Zepth and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from the use of the Portal and any violation of these Terms of Use or any applicable law.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event shall Zepth be liable for any damages resulting from any of the following:

i. errors, mistakes, or inaccuracies of content;

ii. personal injury or property damage, of any nature whatsoever, resulting from access to and use of the services including the Portal;

iii. any unauthorized access to or use of our servers and/or any and all PII stored therein;

iv. any interruption or cessation of transmission to or from our servers;

v. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party;

vi. any loss of data or content;

vii. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the Users utilizing of any content posted, transmitted, or otherwise made available via the Portal, whether based on warranty, contract, tort, or any other legal theory;

viii. the disclosure of information pursuant to these terms or our Privacy Policy;

ix. The User’s failure to keep the password or account details secure and confidential;

x. In no event shall Zepth or any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

xi. Zepth does not make any warranties whatsoever concerning the service or any outcome therefrom, including without limitation, any warranty of merchantability or fitness for a particular purpose or use.

17. FORCE MAJEURE

The term force majeure shall include, but not be limited to fires, floods, acts of God or the public enemy, embargoes, wars (declared or undeclared), riots, civil commotion, interference by civil or military authorities, terrorist acts, Government actions, order(s) or request (s), including (without limitation) certification, clearance or other document, or any other cause or contingency beyond the control of Zepth in any of the aforesaid events. Zepth shall not be liable for failure to perform or any delay in performance of any of its services when and to extent that such failure or delay is due to force majeure.

18. DISPUTE RESOLUTION

18.1. Where any dispute or disagreement arises between Zepth and the Users as to the interpretation or Portal of any of the terms, conditions, requirements or obligations under these Terms of Use or use of the Portal, such dispute or disagreement shall be amicably resolved vide mutual discussions.

18.2. In cases of failure to resolve the dispute/ disagreement resolved within 30 days of such discussions the dispute shall be referred to and finally resolved by the laws in force.

19. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by the laws of Republic of India and the Users willing to utilize the Portal hereby consents to the exclusive jurisdiction of courts in Haryana, India in all disputes arising out of or relating to the use of the Portal. Use of the Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including but without limitation to this paragraph.

20. SEVERABILITY

If any of the provisions of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

21. HEADINGS

Headings of the sections of these Terms of Use are inserted for convenience reasons only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the content of the respective sections

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