TERMS OF USE
BY CLICKING THE “I ACCEPT” BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
Clicentrix Technology Solutions Private Limited (“Clicentrix” or “we”) operates www.cxonego.clicentrix.com and/or www.clicentrix.com which is mobile / web application for custom relationship management platform. The services offered by Clicentrix include any Clicentrix-branded URL (the “www.cxonego.clicentrix.com"), moblie based application named CX-ONE-GO, Clicentrix messaging services (including, without limitation, instant messaging, private messaging, and email services), and any other features, content, or applications offered from time to time by Clicentrix in connection with Clicentrix’s business (collectively, the "Services").
This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the Services. By accessing and/or using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Services without being registered) or you are a "Member" (which means that you have registered with Clicentrix). The term "User" refers to a Visitor or a Member. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Services, you must indicate your acceptance of this Agreement during the registration process as mentioned above.
Clicentrix reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Clicentrix website. All material modifications will apply prospectively only. Your continued use of the Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately. You may receive a copy of this Agreement by contacting us at our site.
Use of the Services and registration to be a Member for the Services (“Membership”) is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are a minor, it is mandatory that the present terms and conditions are required to be accepted by the parent / guardian of the minor; and (d) your use of the Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are a minor,
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services or are a Member.
21. Right to Terminate:
Clicentrix reserve the right to suspend or terminate your access to the Application, or any part of it, at any time, for any reason, including, but not limited to, your violation of these Terms of Use, misuse of the Application, or as required by law. Termination may occur with or without notice and may result in the forfeiture and destruction of all information associated with your account. In addition, Clicentrix reserves the right, in its sole discretion, to reassign or rename your profile URL. Clicentrix expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Services if Clicentrix determines, in its sole discretion, that you have pose a threat to Clicentrix, its employees, business partners, Users and/or the public.
2.2 Termination by You:
You may terminate your Membership at any time, for any reason by sending email to cxonego@clicentrix.com providing reasons for termination. Upon sending an email to Clicentrix your account will be deleted in reasonable time and you will cease all access to and use of the Application.
2.3 Effect of Termination:
Upon termination, whether by us or by you:
2.4 Survival of Terms:
All provisions of these Terms of Use that by their nature should survive termination, including but not limited to, intellectual property rights, warranty disclaimers, indemnity, and limitations of liability, shall continue to apply after the termination of your access to the Application.
3. Fees:
The Fees for the Services shall be as set out on the Website / Application or as informed to you vide an email at the time you placed an order for them.
You acknowledge that Clicentrix reserves the right to charge for any portion of the Services and to change its fees (if any) from time to time in its discretion. If Clicentrix terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Refund Policy:
At Clicentrix, we strive to ensure that you have a seamless experience with our mobile / web based application. However, we understand that sometimes issues may arise, and you may request a refund under certain circumstances. This Refund Policy outlines the conditions under which refunds will be granted by Clicentrix.
4.1. Eligibility for Refunds
Refunds may be issued by Clicentrix only under the following circumstances:
|
Severity Level |
Impact |
Examples |
Issue persistence |
|
Severity 1 (Critical) |
Complete system outage; critical business operations are down |
Server down, application not accessible |
Ten (10) business days |
Subscription Cancellations: For subscription services, you may be eligible for a refund if you cancel your subscription within seven (7) calendar days of purchase.
4.2. Refund Request Process:
To request a refund, please follow these steps:
4.4. Refund Approval:
If your refund request is approved, the refund will be processed using the original payment method within twent-one (21) business days. Please note that it may take additional time for the refund to reflect in your account, depending on your financial institution.
4.5. Changes to the Refund Policy:
We reserve the right to modify or update this Refund Policy at any time. Any changes will be reflected in this policy, and continued use of the app will signify your acceptance of these changes.
If you have any questions about this Refund Policy, please contact us at cxonego@clicentrix.com.
Our mobile /web application may offer services or products that require payment. Payments for these services may be processed through third-party payment gateways. By using the application, you agree to comply with the terms and conditions, privacy policies, and other applicable rules of these third-party payment providers.
Clicentrix does not control, manage, or govern the performance, availability, or security of third-party payment gateways. Any disputes or issues related to payment transactions must be resolved directly with the payment provider. [Company Name] is not responsible for any loss, damages, or unauthorized access that may arise from your use of third-party payment gateways.
Third-party payment gateways may impose their own fees or charges (such as processing fees or currency conversion charges) for the use of their services. Clicentrix is not responsible for any additional costs that may be incurred through the use of third-party payment services. It is your responsibility to review the applicable fees and charges imposed by the payment provider.
By using a third-party payment gateway to process payments, you authorize the third-party provider to store, process, and collect your payment information in accordance with their respective terms and policies. Clicentrix does not store or have access to your full payment details, as this information is handled directly by the payment provider.
All transactions completed through third-party payment gateways are subject to the refund and dispute resolution policies of the respective payment providers. If you wish to request a refund or resolve any payment-related issues, you must contact the third-party payment gateway directly, as Clicentrix does not have the ability to process refunds or address disputes on behalf of these payment providers.
6. Password:
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Clicentrix immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
7. Use by Members:
The Services are for the personal use of Members and may only be used for direct personal purposes if they are specifically endorsed or authorized by Clicentrix. Illegal and/or unauthorized use of the Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Clicentrix reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
8. Proprietary Rights in Content:
8.1. Clicentrix shall own all the rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that is displayed, publish (“post”) by Clicentrix. (Clicentrix’s Content).
8.2. Clicentrix’s Content is protected by copyright, trademark, patent, trade secret and other laws, and Clicentrix owns and retains all rights in the Clicentrix Content and the Services. Clicentrix hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Clicentrix Content (excluding any software code) solely for your personal use in connection with viewing the Clicentrix Website / Application and using the Services.
8.3. Except as provided within this Agreement, you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through its Services.
8.4. Clicentrix performs technical functions necessary to offer the Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Services. In addition, you agree and acknowledge that Clicentrix may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Services.
9. Activity Prohibited:
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Clicentrix. Clicentrix reserves the right to investigate and take appropriate legal action against anyone who, in Clicentrix's sole discretion, violates this provision, including, without limitation, removing the offending Content from the Clicentrix Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Clicentrix:
9.1. is offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.2. harasses or advocates harassment of another person;
9.3. exploits people in a sexual or violent manner;
9.4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
9.5. solicits or is designed to solicit personal information from anyone under 18;
9.6. publicly posts information that poses or creates a privacy or security risk to any person;
9.7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9.8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9.9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
9.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
9.12. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
9.13. involves commercial activities and/or sales without prior written consent from Clicentrix such as contests, sweepstakes, barter, advertising, or pyramid schemes;
9.14. includes a photograph or video of another person that you have posted without that person's consent;
9.15. for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
9.16. violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
9.17. The following are examples of the kind of activity that is illegal or prohibited on the Clicentrix’s Website and through your use of the Clicentrix Services. Clicentrix reserves the right to investigate and take appropriate legal action against anyone who, in Clicentrix's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
i. criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
ii. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Clicentrix Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Clicentrix reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Clicentrix deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the Clicentrix Services, you acknowledge that you will have caused substantial harm to Clicentrix, but that the amount of such harm would be extremely difficult to ascertain.
9.18. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Clicentrix Services;
9.19. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
9.20. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Clicentrix Services other than your Content which you legally post on, through or in connection with the Clicentrix Services;
9.21. providing or using “tracking” or monitoring functionality in connection with the Clicentrix Services, including, without limitation, to identify other Users’ views, actions or other activities on the Clicentrix Services;
9.22. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Homework page;
9.23. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
9.24. interfering with, disrupting, or creating an undue burden on the Clicentrix Services or the networks or services connected to the Clicentrix Services;
9.25. impersonating or attempting to impersonate Clicentrix or a Clicentrix employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
9.26. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
9.27. selling or otherwise transferring your account, profile, (including any page or group you administer) your email address or URL;
9.28. using or distributing any information obtained from the Clicentrix Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
9.29. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Clicentrix Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Clicentrix, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;
9.30. relaying email from a third party's mail servers without the permission of that third party;
9.31. using invalid or forged headers to disguise the origin of any Content transmitted to or through Clicentrix’s and or Homework’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
9.32. using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Clicentrix Website for the purposes of sending unsolicited or unauthorized material;
9.33. engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
9.34. using the Clicentrix Services in a manner inconsistent with any and all Applicable Law.
9.35. Sell, sponsor, or otherwise monetize or any other service or functionality of Clicentrix services without the express written permission of ours.
We reserve the right to modify, update, or discontinue the mobile application, including its features, content, or functionality, at any time without prior notice. These changes may include updates, bug fixes, enhancements, or the removal of certain features. Your continued use of the application after such changes have been made constitutes your acceptance of these modifications.
Users are strictly prohibited from modifying, altering, decompiling, circumvent, reverse engineering, or attempting to access or manipulate the source code of the mobile application in any way or disable any security or technological measures implemented by the application to protect its integrity. Any unauthorized modification or tampering with the application, its features, or its functionalities is a violation of these Terms of Use and may result in the immediate termination of your access to the Application, in addition to any legal action we deem necessary.
Our application / website may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of any third-party websites. Your use of such websites is at your own risk.
14. Privacy:
Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
15. Disclaimers:
Clicentrix is not responsible for any damage, injury or loss caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the Services may contain links to other websites or services. Clicentrix is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Clicentrix. Inclusion of any linked website or service on the Services does not imply approval or endorsement of the linked website or service by Clicentrix. When you access these third party sites and services, you do so at your own risk. Clicentrix takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Clicentrix is not responsible for the conduct, whether online or offline, of any User of the Services or Linked Services. Clicentrix assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Clicentrix is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services or Linked Services. Under no circumstances shall Clicentrix be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Services or Linked Services, attendance at a Clicentrix event, from any User Content posted on or through the Services or Linked Services, or from the conduct of any Users of the Services, whether online or offline. The Services and Linked Services are provided "AS-IS" and as available and Clicentrix expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Clicentrix cannot guarantee and does not promise any specific results from use of the Services or Linked Services.
16. Limitation of Liability:
IN NO EVENT SHALL CLICENTRIX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR LINKED SERVICES, EVEN IF CLICENTRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLICENTRIX'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CLICENTRIX FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
17. Jurisdiction:
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of India and the exclusive jurisdiction shall be at Pune, India.
18. Indemnity:
You agree to indemnify and hold Clicentrix, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Services.
Clicentrix shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, pandemics, epidemics, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
Clicentrix shall be entitled to assign these terms and conditions to any other company without prior notice to you.
21. Other Terms:
This Agreement is accepted upon your use of the Clicentrix Website / Application or any of the Services and is further affirmed by you becoming a Member. Your agreement with Clicentrix will always include this Agreement at a minimum. Your access and use of certain Services will require you to accept additional terms and conditions applicable to such certain Services, in addition to this Agreement, and may require you to download Software or Content. The failure of Clicentrix to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Clicentrix is a trademark of Clicentrix E-Learning LLP. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please use the Contact Clicentrix at to cxonego@clicentrix.com.
Page | 1