Terms & Conditions

IMS - AGREEMENT

Edze Soft IMS is owned, maintained and operated by EDZE Soft Pvt Ltd. This Agreement is a legally binding contract between “You” or “Customer” and EDZE Soft Pvt Ltd (which will be referred as “Edze Soft” for the rest of agreement). Edze Soft provides the Service(s) (as defined below) to you subject to and conditioned upon your acceptance of this Agreement.

By accessing and using the service in any way, you agree to be bound by all the terms of this agreement. you can accept the terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the services.

Edze Soft may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.

Definitions Agreement

This contract is between Edze Soft and its Customers

Customer

An individual or legal entity that pays to use the Edze Soft Application

Customer Data

All Contact Information and other permitted information submitted by Customer to, or collected by Customer via, the Service. Customer Data does not include Sensitive Information.

Edze Soft Application

The site of applications is available at http://edze.in or any of its sub-domain Edze Soft Website

Invoice

An order confirmation form that captures key terms & conditions of the Services that Customer purchases from Edze Soft

Service(s)

Means the products, modules, tools and services, whether chargeable or not, that are ordered by You and/or made available, from time to time, by Edze Soft online via the Website and/or other web pages designated by Edze Soft, including, without limitation, Third Party Services

Term or Contract Term

Total duration of contract for which Edze Soft needs to provide Services to the Customer as per Invoice

Users

Individual people or accounts that are designated and Authorized by Customer to access Edze Soft IMS Application

You or Your

Means the company or other legal entity for which you are accepting this Agreement and Affiliates of that company or entity

Edze Soft Services

Edze Soft provides Institute Management Application. You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

You acknowledge and agree that the form and nature of the Services, which Edze Soft provides, may change from time to time with a prior notice of one month.

You acknowledge and agree that while Edze Soft may not currently have set a fixed upper limit on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Edze Soft at any time, at Edze Soft’s discretion. By entering into this Agreement, you confirm that your purchase decision is not dependent on any oral or written public comments made by Edze Soft regarding future functionality or features.

Bulk SMS Service is a paid service, charged as per agreed discussion, which the customer can opt in or out of.

Email Service is free up to a limit of 5000 emails, during the IMS subscription period. Beyond the set limit, the service will be charge-able.

Services Availability and Usage

Edze Soft will use commercially reasonable effort to make Services available 24×7 except in case of planned Downtime (defined below) and Force Majeure (defined later in the agreement).

Edze Soft may shut down the Services to perform planned maintenance of the platform or to upgrade the platform. To the extent possible and reasonable, we will schedule such downtime in non-business hours for the majority of our Customers over the weekend. We will provide at least 8 hours of notice for such downtime.

Customer Rights & Responsibilities

Edze Soft grants a non-transferable, non-exclusive, worldwide right to permit Users authorized by Customer to access and use the Services subject to the terms of the Agreement.
Customer agrees that
Customer will comply with this agreement in Service usage.
Customer will prevent unauthorized access to the Service and Customer Data.
Customer shall consume the Services only for its own internal business operations, and not for the operation of a service bureau or time-sharing service, or otherwise for the benefit of a third party.
Customers will follow applicable laws of its own Country governing usage of the Services.

Restrictions on Use

In addition to all other terms and conditions of this Agreement:
Edze Soft will use Customer Data in context of either provisioning the Services, providing the Services or Support to Customer.
Edze Soft doesn’t access or mis-use the data of the training partner’s customer base.
The access to Customer Data will be governed by this Agreement, Invoice and our “Privacy Policy” located at http://edze.in/privacy- policy Edze Soft reserves the right to monitor Customers’ usage of the Services and use and share this Analysis as long as it does not identify Customer Data or Customer.
Edze Soft has access to Application users for sharing useful updates related to industry, job opportunities, and skilling trends.
If a partner wants to opt out of this service for their students, they can opt out of the same.
Edze Soft may use Customer’s Name, website address and Logo in its marketing material including website, email campaigns, brochures etc. during and after active engagement. If a Customer does not want Edze Soft to include its name in marketing then it should make an explicit request to sales contact at Edze Soft. Edze Soft shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data.
Customer agrees that Edze Soft has the right to process the Customer Data in any location of Edze Soft, its affiliates, partners and service providers. We will retain your information while providing Services to you. In the event of cancelling your account with us, we guarantee to retain your data for your backup purposes only for one month from the cancellation date after which we may delete and destroy it.
However, we will retain any data for as long as required to comply with laws or enforce our rights.
Customers shouldn’t hack or try to illegally access data on the platform, such activities will be liable for legal action.

Anti-Spam Policy What is SPAM?

Spam is any email or SMS you send to someone who hasn’t given you their direct permission to contact them on the topic of the email.
When you send an email or SMS to someone you don't know, that's an "unsolicited" email or SMS. Sending one unsolicited message to someone is obviously not spam. But when you send an unsolicited email or SMS to an entire list of people you don't know, that's spam.

Anti-Spam Policy for Bulk SMS

You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS service that sends/receives messages to/from mobile phones is maintained by EDZE Soft. The utilization of the SMS service is subject to the following Terms of Service.

Any Spam or illegal use of the SMS service is strictly prohibited.

Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. EDZE Soft does not assume any liability for the content of messages sent.

EDZE Soft will be exempt from any claim that may arise from third parties as a result of message content.

You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (e.g., right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin).

You acknowledge that Edze Soft delivers SMS messages via major telecom operators and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed. SMS messages submitted via Internet will be transferred to mobile network providers, provided that the recipient's phone is switched on and doesn't have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.

You are responsible for the privacy and storage of the user-name and password. You agree that all activities made through your account are legally bonded to you.

Edze Soft neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While EDZE Soft makes every effort to deliver messages promptly.

Edze Soft doesn't refund the credits for undeliverable SMS messages to you because we cannot guarantee delivery of the SMS messages to recipients due to possible errors. Edze Soft debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by EDZE Soft has produced evidence of a technical problem or error.

EDZE Soft reserves the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy.

The SMS account balance is non-refundable and does not bear interest. All the SMS must be used in the validity period from the date of the purchase and no carry forward of the credits will be made unless otherwise defined in a separate contract.

You undertake the whole responsibilities regarding the messages sent through EDZE Soft services from your account, which are transmitted as per your request.

You shall indemnify and reimburse EDZE Soft all liabilities, costs, losses and damages, in case of any claim brought against EDZE Soft from any third party due to breach of contract.

By registering to EDZE Soft I agree to receive promotional SMS, email, voice calls sent from EDZE Soft.

Anti-Spam Policy for Emails

What kind of email addresses are OK to send to with EDZE Soft?
To send email to anyone, you need to have their permission. This could be done through:
An email newsletter subscribe form on your web site.
An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that they would be contacted by email AND they ticked a box indicating they would like to be contacted.
Customers who have purchased from you within the last 2 years.
What kind of email address ARE NOT OK to send to EDZE Soft?
You can't import or send to any email address which:
You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
You haven’t contacted them via email in the last 2 years. Permission doesn’t age well and these people have either changed their email address or won’t remember giving their permission in the first place.
You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.
What content MUST include in your email?
Every email you send using EDZE Soft must include a single-click “unsubscribe” link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them again.

Account Suspension

We reserve the right to suspend your account immediately and start investigating your activity if your campaigns have a high percentage of spam complaints, bounces, unsubscribes or very small open rate. If you breach this anti-spam policy (or attempts to do so) will immediately be suspended without notice. If it turns out that you were sending emails without permission - we will terminate your account. We can ask you to prove that you have permission from your recipients and we can close your account if you do not have such proof. Otherwise, we will activate your account and you will be able to use the service again.

Fees and Payment

EDZE Soft Services are currently paid, and the services offered are listed below:

-IMS Web Application
-Mobile Application for Students
-Mobile Application for Institute Owners

Fees for these applications are charged separately.

You may purchase certain services from EDZE Soft and you agree to pay all charges provided on the applicable order screen.

EDZE Soft reserves the right to change its prices and at any time. The paid Fee will be non-refundable and payment obligations are non-cancellable unless exceptions are provided in this Agreement or Invoice. The Fee is for purchases of Services (or subscription) and not for usage.

For example, if a Customer purchases the Service for one year but uses only for 1 month, then the Fee paid is non-refundable.

EDZE Soft has pay per subscription system and fees should be payable in advance. Edze Soft reserves the right to change the fees. Any hike in Fee by EDZE Soft will be applicable to existing Customers only after expiry of current subscription. All quoted Fees and Prices on Edze Soft website are exclusive of any applicable taxes.

Customers agree to pay any applicable taxes on the Services whether it has been mentioned in Invoice or not. Edze Soft supports credit card, debit card and net banking modes of payments. Please sign up for more details. Customers agree to provide accurate Credit Card, Debit card or Bank information as may be needed to process the payments. Customers also agree to update Edze Soft about changes in any payment information that may impact processing of payment in the current or subsequent billing system. Any failure of payment processing due to inaccurate information may lead to suspension or termination of Customer Account.

Suspension and Termination

We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.

Objections to suspension or disabling of user accounts should be made to support@edze.in within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if EDZE Soft breaches its obligations under these Terms and in such event.

Termination of the user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

Proprietary Rights

You acknowledge and agree that EDZE Soft owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Edze Soft and that You shall not disclose such information without Edze Soft’s prior written consent.

Unless You have agreed otherwise in writing with EDZE Soft, nothing in this Agreement gives You a right to use any of Edze Soft’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless You have been expressly authorized to do so in writing by Edze Soft, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Indemnification

You agree to defend, indemnify and hold harmless Edze Soft, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
Your use of and access to the Website and/or the Services;
Your violation of any term of this Agreement;
Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that one of Your content/data caused damage to a third party. This defence and indemnification obligation will survive the termination of the Services and of this Agreement.

Disclaimer of Warranties; Limitation of Liability

You expressly agree that your use of, or inability to use, the services is at your sole risk. Services and any products ordered, or used, by you through the services are provided as is and as available for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.

Please keep in mind that some of the content that we make available to you through the services comes from partners or any other third-party web services. All such content is provided to you as is, as-available basis and Edze Soft, the partners and other third-party licensors, do not make and hereby disclaims and warranty, express or implied, with respect to the content, including, but not limited to, the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the content or of the media on which the content is provided. The content and your use of it are subject to change and/or removal at any time.

In no case shall EDZE Soft, its affiliates, partners, and their respective directors, officers, employees, agents or contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, EDZE Soft liability shall be limited to the extent permitted by applicable local law.

Any data lost due to the customer's internal usage will be their responsibility.

Information or Complaints

If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy EDZE Soft in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by EDZE Soft to the complainant.

If you have a question or complaint regarding EDZE Soft website, contact us via email at support@edze.in You may also contact us by writing to us at: