(Last revised on January 10, 2023)
Welcome, and thanks for using empxtrack.com and/or other Empxtrack services! When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read the Terms of Service below.
Empxtrack reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new services and resources, shall be subject to the Terms of Service. Continued use of the Service, after any such changes, shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time on our website.
By using the Empxtrack website and/or our services, you are agreeing to be bound by the following Terms of Service.
1. Introduction
We are a website for businesses and professionals that offers HR Software and HR best practices. Please note Empxtrack is a product of Saigun Technologies Pvt. Ltd, registered at New Delhi, India and Empxtrack, Inc. is registered at New York, US and is a wholly owned subsidiary of Saigun Technologies Pvt. Ltd.
Saigun, Saigun Technologies Pvt. Ltd., Empxtrack, Empxtrack, Inc. are used interchangeably and any reference to these unless otherwise noted shall henceforth be called “Empxtrack”.
Empxtrack provides websites, content, applications/products on the cloud, training material, consultancy, best practices, white papers, paid services, online knowledge base and developer platforms in various modes and all of these collectively or individually will constitute “Services” or “Empxtrack Services”
Any individual, company, organization, business unit and their employees using Empxtrack Services will be called “Users”
1.1 Purpose
The mission of Empxtrack is to help provide an outstanding HR platform to make the organizational HR chores to be more seamless and integrated. We thrive to make your HR department, employees and thus your organization to be more productive and successful. To achieve our mission, we make services available through our websites and platforms.
1.2 Scope and Intent
When you use Empxtrack Services, you are entering into a legal agreement and you agree to all of these terms.
You also agree to Empxtrack Privacy Policy, which covers how we collect, use, share, and store “User” personal information.
You agree that by registering on Empxtrack, and/or by using Empxtrack Services, you are entering into a legally binding agreement with Empxtrack, Inc. Hauppauge Center, 150 Motor Parkway Suite 401, Hauppauge, New York 11788, United States if you do not reside in India, and with Saigun Technologies Pvt. Ltd. , A-27/E, Sector 16, Noida -201301, India, if you reside in India.
If you are using Empxtrack Services on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. By clicking “Purchase/Register/Enroll”, or similar, you acknowledge that you have read and understood the Terms of Service of this Agreement and that you agree to be bound by all of its provisions. Please note that the Empxtrack User Agreement and Privacy Policy are also collectively referred to as Empxtrack “Terms of Service.” Finally, by using any Free Trial or Paid application to enable your use of the Empxtrack Services, you are explicitly confirming your acceptance of the terms of this document or as may be updated from time to time.
2. Your Obligations
2.1 Some promises you make to us in this Agreement:
You will follow the law and Empxtrack rules.
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections and related webpages:
Terms of Service
Privacy Policy
Dos and Dont’s
2.2 Service Eligibility
You are eligible to enter into this contract and you are at least our “Minimum Age.”
The information you provide is truthful.
To be eligible to use the Empxtrack Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Empxtrack Services, or not otherwise prohibited from having an Empxtrack account, (3) are not a competitor of Empxtrack or are not using the Empxtrack Services for reasons that are in competition with Empxtrack; (4) will use your real name and only provide accurate information to Empxtrack; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Empxtrack or third party, including intellectual property rights such as copyright or trademark rights
“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 18 years old for India, (e) 18 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for Empxtrack to lawfully provide the Empxtrack Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 18 years.
2.3 Your Clientship
You will keep your password a secret.
You will not share an account with anyone else.
You will not copy or transfer any part of the Empxtrack Services.
The ‘Free Trial’ or ’Application’ you create on Empxtrack will be updated in our database and Empxtrack will never disclose any of your personal information to any third party. Your account is owned and managed by you and Empxtrack will be able to monitor your login activities to give you proper guidance in choosing the right HR modules combination for your specific needs. Your account belongs to you. You agree to:
keep your password secure and confidential;
not permit others to use your account;
not use other’s accounts;
not sell, trade, or transfer your Empxtrack account to another party;
not charge anyone for access to any portion of Empxtrack, or any information therein;
you are authorized to close down your account any time;
Empxtrack reserves the right to deactivate your ‘Free Trial’ account after 14 days, though Empxtrack can grant you a grace period of another 14 days if found suitable.
2.4 Account Terms
You must be 18 years or older to use this Service or as the law requires in your location.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted
You must provide your legal full name, a valid corporate email address, and any other information requested in order to complete the signup process
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like
You are responsible for maintaining the security of your account and password. Empxtrack cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account)
You may not use the Empxtrack Services for any illegal or unauthorized purpose. You must not, in the use of the Empxtrack Services, violate any laws in your jurisdiction (including but not limited to copyright laws)
2.5 Notify us of acts contrary to the Agreement
If you think you have to breach this Agreement, you will let us know beforehand.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons, in writing, at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.6 Notifications and Service Messages
You are okay with us providing you with important notices on our websites, or email. The contact information you provide must be accurate and current or you may not receive important notices.
For purposes of service messages and notices about the Services, Empxtrack may or may not place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Empxtrack to an email address associated with your account, even if we have other contact information. You also agree that Empxtrack may communicate with you through your Empxtrack account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Empxtrack account or services associated with Empxtrack. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
2.7 Payment
You will honor your payment obligations and you are okay with our payment verifiers ‘Stripe’, ‘RazorPay’ or ‘PayPal’ authenticating your payment information. Empxtrack never stores any of your credit cards and bank accounts which are used for making payments to Empxtrack. Empxtrack does not charge any taxes on its own; however, there may be some state or country-specific mandatory, Federal fees and taxes that are added to our prices on a case-to-case basis. For all sales in India, we charge GST and for sales to New York companies we charge applicable Sales Tax. We reserve the rights to charge back-taxes if the local regulations so require.
A valid credit card is required for paying accounts. You may also like to use bank transfer, ACH, Wire, check payments or other services for making your payments. We do not accept payments in cash.
Payments once made are non-refundable.
The paid Empxtrack Services are billed in advance on a monthly/quarterly/biannual/annual basis (depending on your type of contract) and are non-refundable. There will be “no” refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
For any upgrade or downgrade in service/plan level, your payment dues will be modified accordingly. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Empxtrack does not accept any liability for such loss.
If you purchase any Empxtrack Services that we offer for a fee, either on a one-time or subscription basis, you agree to Empxtrack storing your private information such as name, email address and phone number, but your payment related information will not be stored. You also agree to pay the applicable fees for the Implementation and Setup (including, without limitation, periodic fees for releases and upgrades) as they become due, plus all related taxes. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Empxtrack does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide to us at the time of purchase. You may cancel or suspend your subscription anytime. Please note that Empxtrack will continue to bill you till the time you remain our customer, irrespective of whether you or your employees have used the paid Empxtrack Services or not. We do not offer refunds for lack of usage or dissatisfaction. You also acknowledge that Empxtrack Services are subject to this Agreement and any additional terms related to the provision of the Services. Additionally, if you require a printed invoice for your transaction with us, you may access it through your Empxtrack account settings details under “Account Settings” or request one by contacting our Customer Support.
Your contract with us for the paid Empxtrack Services contains a minimum number of employees who would be using the Empxtrack Services. The periodic billing would be based on the higher of this contracted number of employees and the actual number of active (non-exited) employees in the Empxtrack database and would not be based on the number of employees who accessed the service in the period. It is your responsibility to update the employee status prior to the billing such that the correct number of non-exited employees are reflected during the bill generation. In case you need a higher number of employee licenses in a given period, you can pay the pro-rata difference and increase the license count.
Certain paid Empxtrack Services such as Employee Appraisal may be used only once or twice during the entire year. While your payment terms may be periodic (monthly, quarterly or half-yearly), you are obligated to pay for the full year term when you purchase such a service to keep your agreement in good standing.
2.8 Links to Third Party Websites
The Services may provide, or third parties may provide, links to other World Wide Web sites, our Client websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services made available on or through any such site or resource.
3. Privacy
You are okay with us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.
You should carefully read our full Privacy Policy before using Empxtrack Services as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Empxtrack Services, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Empxtrack may process such information, within the terms of the Privacy Policy.
3.1 Privacy Policy
Empxtrack recognizes the need for appropriate protections and management of your personal information that you provide to us. We are committed to the highest standards in protecting and safeguarding your right to privacy while using and interacting with Empxtrack Services. Empxtrack has, therefore, established this Privacy Policy to assist you to understand how Empxtrack Services collect and use personally identifiable information about “Users”. By using Empxtrack Services or providing any personal information using our Services, you are agreeing to the collection and use of information in the manner described in this Privacy Policy.
While you can access most areas of our Web site without submitting any personal data, there are certain areas that request specific personal information including name, title, phone number, and e-mail address. Our intent is to allow you as much control as possible over your personal information.
Empxtrack has a published GDPR compliance standard and you can read more about it here.
3.2 User Data Collected by us
Our server software gathers log files, general demographic information from all “Users”. For each “User”, our Web servers automatically recognizes the domain name, browser type, operating system, referring domains, entry page, exit page, and average time on individual web pages. This information is used for internal purposes only in helping us improve our Services and understand “User” needs.
We currently contract with several online partners to help manage and optimize our Internet business and communications. We use the services of marketing companies to help us collect and/or log Internet Protocol addresses, Internet domain names, the web browser and operating system used to access Empxtrack Services, the files visited, the time spent in each file, and the time and date of each visit.
If you choose to receive company or product information or take our Free Trials, you will need to complete our online request forms. The online forms provide site visitors with an opportunity to request product downloads and demonstration, view Empxtrack white papers and take Free Trials. These forms require your name, company name, title, e-mail address, phone number as well as other information to help us determine and respond to your needs related to the products and/or services requested. All information provided by the “Users” is voluntary. “Empxtrack uses this information to send updates about our company and our products and to contact you if requested or necessary. We also use the demographic information you provide on these forms in connection with studies and reports regarding our Services, such as Web site usage patterns, in order to better understand the needs of “Users” of our Services. We will not, however, associate any personally identifiable information which you provide with the information in these studies and reports.
3.3 E-mail Addresses
We do not collect e-mail addresses without the site visitors voluntarily providing us with this information (typically via our online information request form and other Web site forms on our web-site). We will periodically use your e-mail information for service, sales, support, and marketing purposes. From time to time, we may share your e-mail address with our partner organizations and companies for service, sales, support, and marketing purposes only when this is related to Empxtrack Services. If you do not wish to receive marketing e-mail from us or our partners in the future, you may opt out by clicking on the Unsubscribe link or send us a reply email with Unsubscribe on the subject line or body of the email.
3.4 Safe Harbor
Other than as expressly described in this Privacy Policy, we will not share, sell, or rent personally identifiable information with anyone outside Empxtrack, without your prior permission or unless we believe, in good faith, that such release is reasonably necessary to (i) comply with applicable law, (ii) enforce the terms of any of our user agreements, or (iii) protect the rights, property or safety of Empxtrack, our “Users”, or others. Upon request, Empxtrack will provide site visitors with access to their personal information that we have on record.
The Empxtrack Services may provide links to third-party Web sites for your convenience and information. If you access those links, you will leave the Empxtrack Services sites. Empxtrack does not control these third-party sites or their privacy practices, which may differ from Empxtrack policy. The personal data you choose to give to unrelated third parties is not covered by the Empxtrack Privacy Policy.
3.5 Notification on changes to the Privacy Policy
Empxtrack may amend this Privacy Policy from time to time. If Empxtrack decides to make material changes in the way we use your personal information, we will post the changes on this page so that you always will know what information we collect, how it is used, and when and how it will be disclosed. Your use of the Empxtrack Services following notice of such change will be deemed acceptance of the revised Privacy Policy, which may include application of the new policy to information provided prior to the date of such change.
3.6 Contacting Us
If you have any questions about this Privacy Policy or this Web site, please contact us directly using our contact form on the Contact Us page. Our contact details are available at the end of this page.
4. Contributions to Empxtrack
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.
By submitting suggestions or other feedback regarding Empxtrack Services (“Contributions”) in any way to Empxtrack, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Empxtrack is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Empxtrack shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Empxtrack may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Empxtrack rights to use your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Empxtrack under any circumstances.
5. Your Rights
If you follow this agreement, we grant you a limited right to use Empxtrack Services.
You will only access and use Empxtrack Services in the way this agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed below, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or Empxtrack authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Empxtrack, to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof in accordance with this Agreement. Any other use of Empxtrack Services contrary to our mission or to use information gathered from Empxtrack Services commercially, unless expressly authorized by Empxtrack, is strictly prohibited and constitutes a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Empxtrack and all related items, including any and all copies made of the Empxtrack Services.
6. Our Rights & Obligations
6.1 Services Availability
Please note this is relating to the condition when you purchase our services and become our client, in that case we provide a link to your website on our Empxtrack website under our ‘customer’ section. Hence we provide your company logo, link to your company website, your testimonials and reviews (if submitted), opinions/feedback etc. if provided to Empxtrack at our complete discretion.
We may not keep showing the content or information you provide to us. We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your Website information, your testimonials, reviews, information and content on our website.
For as long as Empxtrack continues to offer the Services, Empxtrack shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Empxtrack Services as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Empxtrack Services, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Clients in our sole discretion. All of these changes shall be effective upon their posting on Empxtrack Services or by direct communication to you unless otherwise noted.
Empxtrack further reserves the right to withhold, remove or discard any content available on our websites, with or without notice, if deemed by Empxtrack to be contrary to this Agreement. For avoidance of doubt, Empxtrack has no obligation to store, maintain or provide you a copy of any content that you or other Clients provide when using the Services.
6.2 Disclosure of User Information
You agree that we can use, store, and share information about you as permitted in our Privacy Policy.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith or belief that such access preservation or disclosure is reasonably necessary in our opinion to:
comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
enforce this Agreement;
respond to claims of a violation of the rights of third parties, whether or not the third party is a Client, individual, or government agency;
respond to customer service inquiries; or
protect the rights, property, or personal safety of Empxtrack, our Clients or the public. We do not allow Disclosures of our client information to any third parties other than to our employees those required to provide customer support, technical support, administer this agreement, or comply with legal requirements as addressed in the Privacy Policy.
6.3 Intellectual Property Notices
We are providing you notice about our intellectual property rights.
The Services include the copyrights and Intellectual property rights of Empxtrack and except for the limited license granted to you as explained above, Empxtrack reserves all of its intellectual property rights in the Services. Empxtrack Services logos and other Empxtrack trademarks, service marks, graphics, and logos used in connection with Empxtrack Services are trademarks or registered trademarks of Empxtrack or Empxtrack Affiliates in the US, India and/or other countries. Other trademarks and logos used in connection with Empxtrack (such as Saigun) are the trademarks of our respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
6.4 Disclaimer
We disclaim any legal liability for the quality, safety, or reliability of Empxtrack.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON Empxtrack OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR EMPXTRACK AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMPXTRACK DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EMPXTRACK AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY EMPXTRACK OR ANYTHING RELATED TO EMPXTRACK, YOU MAY CLOSE YOUR EMPXTRACK ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH TERMINATION POLICY AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. EMPXTRACK IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS E-MAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH EMPXTRACK TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. EMPXTRACK DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, EMPXTRACK DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. EMPXTRACK DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. EMPXTRACK DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, EMPXTRACK DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE EMPXTRACK SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6.5 Limitation of Liability
We are trying to limit any legal liability we may have to you.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Empxtrack nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Empxtrack Affiliates”) shall be cumulatively liable for (a) any monetary damages or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Empxtrack. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether
your base your claim on contract, tort, statute or any other legal theory,
we knew or should have known about the possibility of such damages, or
the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that Empxtrack may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
6.6 Backup of your data
We regularly backup our applications, user data, server content and other data that can be backed up in an automated way, through various technology platforms and products. This is done to ensure that we can quickly restore services in case of outages, server crashes or any other events that may restrict your usage of Services.
While we put in all the efforts to ensure that these backups are the most current, there could still be loss of data when we restore from backups. Empxtrack can in no way be held responsible for any such losses in data due to unforeseen failure in operations of these third-party backup processes and technologies.
Since all data for all Empxtrack customers are backed-up together, it is not possible to share individual backups currently.
6.7 Force Majeure
Empxtrack shall in no circumstances whatsoever be liable for any delay or failure to fulfil its obligations under this Agreement where any such delay or failure is caused in whole or in part by any Act of Terrorism, Biological or Chemical Contamination or to the extent that any such delay or failure arises from any other cause beyond its control, including, without limitation, fire, floods, acts of Nature, acts or regulations of any governmental authority, war, riots etc.
7. Termination
7.1. Mutual rights of termination
We can each end this Agreement anytime we want if we find any suspicious usage or usage for any illegal activities.
You may terminate this Agreement, for any or no reason, at any time, with notice to Empxtrack. This notice will be effective upon Empxtrack processing your notice. Empxtrack may terminate this Agreement and your account only in suspect of any authorized or illegal activity ongoing with your account at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Empxtrack account includes disabling your access to Empxtrack and may also bar you from any future use of Empxtrack.
We may further restrict access, terminate your account or terminate this agreement in case you have not cleared your dues after 3 successive attempts to contact you electronically or otherwise over a period of 2 weeks on your registered contact details with us.
7.2. Misuse of the Services
Empxtrack may restrict, suspend or terminate the account of any customer who abuses or misuses the Services. Misuse of the Services includes sharing our product information with our competitors; creating multiple or false profiles; dissemination of our intellectual/technology related information commercially without Empxtrack authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed below, or any other behavior that Empxtrack, in its sole discretion, deems contrary to its purpose.
7.3 Return of your data
We understand that all the data and content created by you on Empxtrack applications belongs to you. You have full rights to download the data as reports, PDF files or spreadsheet dumps through access provided to you through our Reporting section.
In case you want data dumps in specific formats, we will be happy to work with you to identify the cost for the same provided you clear all your outstanding dues prior to requesting the data dump.
7.4 Storage and Maintenance of data – post termination
Empxtrack reserve the rights to clear your data any time post the end of the ‘Free Trial’ or when the agreement for the paid Services ends. It is your responsibility to download data prior to cancellation of your account or this agreement.
7.5 Law and Forum for Legal Disputes
In the unlikely event we end up in a legal dispute, it will take place in New Delhi courts, applying Indian law. This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of India regardless of your country of origin or where you access Empxtrack Services. “User” and Empxtrack agree that all claims arising out of or related to this Agreement must be resolved exclusively by New Delhi courts, except as otherwise agreed by the parties. You and Empxtrack agree to submit to the personal jurisdiction of the courts located within New Delhi for the purpose of litigating all such claims. Notwithstanding the above, you agree that Empxtrack shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8. General Terms
8.1 Language
Where Empxtrack has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional Terms of Service for Premium Services, will govern your relationship with Empxtrack.
8.2 Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Empxtrack regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional Terms of Service that may apply when you use or purchase certain other Empxtrack Services, third-party content or third party software.
The Users who are already availing services prior to the publication of this agreement (dated 15 May 2016) shall continue to be bound by the agreement entered into by them and Empxtrack. Supplemental conditions given in the present and subsequent versions of this agreement shall be deemed to be part of the earlier agreement qua the services which existing Users may opt now.
8.3 Amendments to This Agreement
We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.empxtrack.com or notifying you otherwise. For example, we may or may not present a banner on the Services when we have amended this Agreement or the Privacy Policy. If placed, you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time.
8.4 No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Empxtrack Affiliate shall be deemed legally binding on any Empxtrack Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Empxtrack.
8.5 No Injunctive Relief
You waive your rights to try to stop Empxtrack, but we don’t waive our rights to ask a court to stop your actions
.In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
8.6 Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States. Please read about Empxtrack GDPR compliance.
8.7 Further considerations
Empxtrack does not warrant that
the service will meet your 100% specific requirements,
the service will be uninterrupted, timely, secure, or error-free,
the results that may be obtained from the use of the service will be 100% accurate or reliable,
the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
any errors in the Service will be corrected 100%.
You expressly understand and agree that Empxtrack shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Empxtrack has been advised of the possibility of such damages), resulting from:
the use or the inability to use the service;
the cost of procurement of substitute services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the service;
or any other matter relating to the service.
The failure of Empxtrack to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and Empxtrack and govern your use of the Service, superseding any prior agreements between you and Empxtrack (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to marketing@empxtrack.com
9. Empxtrack “DOs” and “DON’Ts”
As a condition to access Empxtrack, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
9.1 Do undertake the following:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with our Privacy Policy;
Review and comply with notices sent by Empxtrack concerning the Services;
Use the Services in a professional manner; and
Use your real name and details while enrolling for a Free Trial.
9.2. Don’t undertake the following:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Empxtrack or any of our social media webpages such as Empxtrack Blogs, LinkedIn, Twitter or our Facebook profiles;
Publish inaccurate information in the designated fields on the ‘Free Trial’ form. Please also protect sensitive personal information that is sensitive in nature;
Create a Free Trial account for anyone other than a natural person;
Invite our competitors to join Empxtrack;
Upload a profile image that is not your likeness or that is not belonging to your employees or a head-shot photo;
Use or attempt to use another’s account or create a false identity on Empxtrack;
Upload, post, email, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your identity, current or previous positions, or misrepresents your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, or any personally identifiable information for which there is not a field provided by Empxtrack Services);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Empxtrack or any user of Empxtrack; Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Empxtrack (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Empxtrack;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from Empxtrack to provide any service that is competitive, in Empxtrack sole discretion, with Empxtrack;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by Empxtrack unless you have entered into a written agreement with Empxtrack (this includes, but is not limited to, representing yourself as an accredited Empxtrack developer if you have not been certified by Empxtrack as such);
Adapt, modify or create derivative works based on Empxtrack or technology underlying the Services, except as permitted under Empxtrack developer program;
Rent, lease, loan, trade, sell/re-sell access to Empxtrack or any information therein, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize a Empxtrack any other service or functionality of Empxtrack, without the express written permission of Empxtrack;
Deep-link to our sites for any purpose, (i.e. creating or posting a link to a Empxtrack web page other than Empxtrack’s home page) unless expressly authorized in writing by Empxtrack or for the purpose of promoting your own company on Empxtrack;
Remove any copyright, trademark or other proprietary rights notices contained in or on Empxtrack, including those of both Empxtrack and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on Empxtrack;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Empxtrack except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Infringe or use Empxtrack brand, logos or trademarks, including, without limitation, using the word Empxtrack in any business name, email, or URL or including Empxtrack’s trademarks and logos except permitted by Empxtrack;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
Use bots or other automated methods to access Empxtrack, add or download contacts, send or redirect messages, or perform other similar activities through Empxtrack, unless explicitly permitted by Empxtrack;
Access, via automated or manual means or processes, Empxtrack for purposes of monitoring Empxtrack availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Empxtrack website;
Attempt to or actually override any security component included in or underlying Empxtrack;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Empxtrack infrastructure, including, but not limited to, sending unsolicited communications to other Clients or Empxtrack personnel, attempting to gain unauthorized access to Empxtrack, or transmitting or activating computer viruses through or on Empxtrack; and/or
Interfere or disrupt or game Empxtrack or the Services, including, but not limited to, any servers or networks connected to Empxtrack, or Empxtrack search algorithms.
Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Empxtrack.
You agree that we may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Empxtrack customer, employee or partner will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited emails, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
10. Complaints Regarding Content Posted on the Empxtrack Website
If you think someone has stolen or misused your intellectual property or private information on Empxtrack, please check out our Copyright Policy.
We built Empxtrack to help you be a more successful business and professional, and to help businesses succeed. To achieve this purpose, we encourage our Clients and Free Trial enrollees to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Clients be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Empxtrack provides a process for submission of complaints concerning content posted by our Clients.
How to Contact Us
If you have questions or comments about this User Agreement, please contact us at:
For Clients not in India:
Empxtrack Inc.
Hauppauge Center,
150 Motor Parkway Suite 401, Hauppauge,
New York 11788, United States
Phone : +1-888-840-2682
Email : marketing@empxtrack.com
For clients in India:
Saigun Technologies Pvt. Ltd.
7th Floor Tower-1, Unit No-1701,
Express Trade Tower – 2 B-36, Sector – 132,
Gautam Buddha Nagar, Noida, UP 201301, India
Phone : +91 120 354 1352
Email : marketing@empxtrack.com
