These terms and conditions shall
govern your use of our Cloud service.
By using our cloud service, you
accept these terms and conditions in full; accordingly, if
you disagree with these terms and conditions or any part of
these terms and conditions, you must not use our (ZKTeco)
cloud service.
If you register with our cloud
service, submit any material to our Cloud Service or use any
of our cloud services, we will ask you to expressly agree to
these terms and conditions.
You must be at least 18 years of age
to use our Cloud Service; by using our Cloud Service or
agreeing to these terms and conditions, you warrant and
represent to us (ZKTeco) that you are at least 18 years of
age.
Credit
This document was created using a
template from SEQ Legal.
Copyright notice
Copyright (c) 2024 ZKTeco Global.
Subject to the express provisions of
these terms and conditions:
we, together with our
licensors, own and control all the copyright and
other intellectual property rights in our Cloud
Service and the material on our Cloud Service; and
all the copyright and other
intellectual property rights in our Cloud Service
and the material on our Cloud Service are reserved.
Permission to use Cloud Service
You may:
view pages from our Cloud
Service in a web browser;
download pages from our
Cloud Service for caching in a web browser;
print pages from our Cloud
Service for your own personal and non-commercial
use, providing that such printing is not systematic
or excessive;
stream audio and video files
from our Cloud Service using the media player on our
Cloud Service; and
use our Cloud Service
services by means of a web browser, subject to the
other provisions of these terms and conditions.
Except as expressly permitted by
Section 4.1 or the other provisions of these terms and
conditions, you must not download any material from our
Cloud Service or save any such material to your computer.
You may only use our Cloud Service
for your own personal and business purposes; you must not
use our Cloud Service for any other purposes.
Except as expressly permitted by
these terms and conditions, you must not edit or otherwise
modify any material on our Cloud Service.
Unless you own or control the
relevant rights in the material, you must not:
republish material from our
Cloud Service (including republication on another
Cloud Service);
sell, rent or sub-license
material from our Cloud Service;
show any material from our
Cloud Service in public;
exploit material from our
Cloud Service for a commercial purpose; or
redistribute material from
our Cloud Service.
Notwithstanding Section 4.5, you may
redistribute our newsletter in print and electronic form to
any person.
We reserve the right to suspend or
restrict access to our Cloud Service, to areas of our Cloud
Service and/or to functionality upon our Cloud Service. We
may, for example, suspend access to the Cloud Service during
server maintenance or when we update the Cloud Service. You
must not circumvent or bypass, or attempt to circumvent or
bypass, any access restriction measures on the Cloud
Service.
Misuse of Cloud Service
You must not:
use our Cloud Service in any
way or take any action that causes, or may cause,
damage to the Cloud Service or impairment of the
performance, availability, accessibility, integrity
or security of the Cloud Service;
use our Cloud Service in any
way that is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful,
illegal, fraudulent or harmful purpose or activity;
hack or otherwise tamper
with our Cloud Service;
probe, scan or test the
vulnerability of our Cloud Service without our
permission;
circumvent any
authentication or security systems or processes on
or relating to our Cloud Service;
use our Cloud Service to
copy, store, host, transmit, send, use, publish or
distribute any material which consists of or is
linked to any spyware, computer virus, Trojan horse,
worm, keystroke logger, rootkit or other malicious
computer software;
impose an unreasonably large
load on our Cloud Service resources including
bandwidth, storage capacity and processing capacity;
decrypt or decipher any
communications sent by or to our Cloud Service
without our permission;
conduct any systematic or
automated data collection activities (including
without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to
our Cloud Service without our express written
consent;
access or otherwise interact
with our Cloud Service using any robot, spider or
other automated means, except for the purpose of
search engine indexing;
use our Cloud Service except
by means of our public interfaces;
use data collected from our
Cloud Service for any direct marketing activity
including without limitation email marketing, SMS
marketing, telemarketing and direct mailing; or
do anything that interferes
with the normal use of our Cloud Service.
You must not use data collected from
our Cloud Service to contact individuals, companies or other
persons or entities.
You must ensure that all the
information you supply to us through our Cloud Service, or
in relation to our Cloud Service, is true, accurate,
current, complete and non-misleading.
Registration and accounts
To be eligible for an account on our
Cloud Service under this Section 6, you must be a client,
customer, or end customer with ZKTeco.
You may register for an account with
our Cloud Service by completing and submitting the account
registration form on our Cloud Service.
You must not allow any other person
to use your account to access the Cloud Service.
You must notify us in writing
immediately if you become aware of any unauthorised use of
your account.
You must not use any other person's
account to access the Cloud Service, unless you have that
person's express permission to do so.
User login details
If you register for an account with
our cloud service, we will make your Email as your user ID
and password as entered by your choice.
Your user ID must not be liable to
mislead and must comply with the content rules set out in
Section 10; you must not use your account or user ID for or
in connection with the impersonation of any person.
You must keep your password
confidential.
You must notify us in writing
immediately if you become aware of any disclosure of your
password.
You are responsible for any activity
on our Cloud Service arising out of any failure to keep your
password confidential, and may be held liable for any losses
arising out of such a failure.
Modification of account
We may:
edit your account details,
at any time in our sole discretion with or without
notice to you.
Our rights to use your content
In these terms and conditions, "your
content" means all works and materials (including without
limitation text, graphics, images, audio material, video
material, audio-visual material, scripts, software and
files) that you submit to us or our Cloud Service for
storage or publication on, processing by, or transmission
via, our Cloud Service.
You grant to us a worldwide,
irrevocable, non-exclusive, royalty-free licence to use,
reproduce, store, adapt, publish, translate and distribute
your content in any existing or future media OR reproduce,
store and publish your content on and in relation to this
Cloud Service and any successor Cloud Service OR reproduce,
store and, with your specific consent, publish your content
on and in relation to this Cloud Service.
You grant to us the right to
sub-license the rights licensed under Section 9.2.
You grant to us the right to bring
an action for infringement of the rights licensed under
Section 9.2.
You hereby waive all your moral
rights in your content to the maximum extent permitted by
applicable law; and you warrant and represent that all other
moral rights in your content have been waived to the maximum
extent permitted by applicable law.
You may edit your content to the
extent permitted using the editing functionality made
available on our Cloud Service.
Without prejudice to our other
rights under these terms and conditions, if you breach any
provision of these terms and conditions in any way, or if we
reasonably suspect that you have breached these terms and
conditions in any way, we may delete, unpublish or edit any
or all of your content.
Rules about your content
You warrant and represent that your
content will comply with these terms and conditions.
Your content must not be illegal or
unlawful, must not infringe any person's legal rights, and
must not be capable of giving rise to legal action against
any person (in each case in any jurisdiction and under any
applicable law).
Your content, and the use of your
content by us in accordance with these terms and conditions,
must not:
be libellous or maliciously
false;
be obscene or indecent;
infringe any copyright,
moral right, database right, trade mark right,
design right, right in passing off or other
intellectual property right;
infringe any right of
confidence, right of privacy or right under data
protection legislation;
constitute negligent advice
or contain any negligent statement;
constitute an incitement to
commit a crime, instructions for the commission of a
crime or the promotion of criminal activity;
be in contempt of any court
or in breach of any court order;
be in breach of racial or
religious hatred or discrimination legislation;
be blasphemous;
be in breach of official
secrets legislation;
be in breach of any
contractual obligation owed to any person;
depict violence in an
explicit, graphic or gratuitous manner;
be pornographic, lewd,
suggestive or sexually explicit;
be untrue, false, inaccurate
or misleading;
consist of or contain any
instructions, advice or other information which may
be acted upon and could, if acted upon, cause
illness, injury or death, or any other loss or
damage;
constitute spam;
be offensive, deceptive,
fraudulent, threatening, abusive, harassing,
anti-social, menacing, hateful, discriminatory or
inflammatory; or
cause annoyance,
inconvenience or needless anxiety to any person.
Limited warranties
We do not warrant or represent:
the completeness or accuracy
of the information published on our Cloud Service;
that the material on the
Cloud Service is up to date;
that the Cloud Service will
operate without fault; or
that the Cloud Service or
any service on the Cloud Service will remain
available.
We reserve the right to discontinue
or alter any or all of our Cloud Service services, and to
stop publishing our Cloud Service, at any time in our sole
discretion without notice or explanation; and save to the
extent expressly provided otherwise in these terms and
conditions, you will not be entitled to any compensation or
other payment upon the discontinuance or alteration of any
Cloud Service services, or if we stop publishing the Cloud
Service.
To the maximum extent permitted by
applicable law and subject to Section 12.1, we exclude all
representations and warranties relating to the subject
matter of these terms and conditions, our Cloud Service and
the use of our Cloud Service.
Limitations and exclusions of liability
Nothing in these terms and
conditions will:
limit or exclude any
liability for death or personal injury resulting
from negligence;
limit or exclude any
liability for fraud or fraudulent misrepresentation;
limit any liabilities in any
way that is not permitted under applicable law; or
exclude any liabilities that
may not be excluded under applicable law.
The limitations and exclusions of
liability set out in this Section 12 and elsewhere in these
terms and conditions:
are subject to Section 12.1;
and
govern all liabilities
arising under these terms and conditions or relating
to the subject matter of these terms and conditions,
including liabilities arising in contract, in tort
(including negligence) and for breach of statutory
duty, except to the extent expressly provided
otherwise in these terms and conditions.
To the extent that our Cloud Service
and the information and services on our Cloud Service are
provided free of charge, we will not be liable for any loss
or damage of any nature.
We will not be liable to you in
respect of any losses arising out of any event or events
beyond our reasonable control.
We will not be liable to you in
respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue,
use, production, anticipated savings, business, contracts,
commercial opportunities or goodwill.
We will not be liable to you in
respect of any loss or corruption of any data, database or
software.
We will not be liable to you in
respect of any special, indirect or consequential loss or
damage.
You accept that we have an interest
in limiting the personal liability of our officers and
employees and, having regard to that interest, you
acknowledge that we are a limited liability entity; you
agree that you will not bring any claim personally against
our officers or employees in respect of any losses you
suffer in connection with the Cloud Service or these terms
and conditions (this will not, of course, limit or exclude
the liability of the limited liability entity itself for the
acts and omissions of our officers and employees).
Breaches of these terms and conditions
Without prejudice to our other
rights under these terms and conditions, if you breach these
terms and conditions in any way, or if we reasonably suspect
that you have breached these terms and conditions in any
way, we may:
send you one or more formal
warnings;
temporarily suspend your
access to our Cloud Service;
permanently prohibit you
from accessing our Cloud Service;
block computers using your
IP address from accessing our Cloud Service;
contact any or all of your
internet service providers and request that they
block your access to our Cloud Service;
commence legal action
against you, whether for breach of contract or
otherwise; and/or
suspend or delete your
account on our Cloud Service.
Where we suspend or prohibit or
block your access to our Cloud Service or a part of our
Cloud Service, you must not take any action to circumvent
such suspension or prohibition or blocking (including
without limitation creating and/or using a different
account).
Variation
We may revise these terms and
conditions from time to time.
The revised terms and conditions
shall apply to the use of our Cloud Service from the date of
publication of the revised terms and conditions on the Cloud
Service, and you hereby waive any right you may otherwise
have to be notified of, or to consent to, revisions of these
terms and conditions. OR We will give you written notice of
any revision of these terms and conditions, and the revised
terms and conditions will apply to the use of our Cloud
Service from the date that we give you such notice; if you
do not agree to the revised terms and conditions, you must
stop using our Cloud Service.
If you have given your express
agreement to these terms and conditions, we will ask for
your express agreement to any revision of these terms and
conditions; and if you do not give your express agreement to
the revised terms and conditions within such period as we
may specify, we will disable or delete your account on the
Cloud Service, and you must stop using the Cloud Service.
Assignment
You hereby agree that we may assign,
transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions.
You may not without our prior
written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these
terms and conditions.
Severability
If a provision of these terms and
conditions is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other
provisions will continue in effect.
If any unlawful and/or unenforceable
provision of these terms and conditions would be lawful or
enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will
continue in effect.
Third party rights
A contract under these terms and
conditions is for our benefit and your benefit, and is not
intended to benefit or be enforceable by any third party.
The exercise of the parties' rights
under a contract under these terms and conditions is not
subject to the consent of any third party.
Entire agreement
Subject to Section 12.1, these terms
and conditions, together with our privacy policy, shall
constitute the entire agreement between you and us in
relation to your use of our Cloud Service and shall
supersede all previous agreements between you and us in
relation to your use of our Cloud Service.
Law and jurisdiction
These terms and conditions shall be
governed by and construed in accordance with Indian Law.
Any disputes relating to these terms
and conditions shall be subject to the exclusive
jurisdiction of the courts of India.
Pricing and Payment
Prices throughout the Cloud Service
are quoted in Indian Rupees (INR), and payment can only be
accepted in Indian Rupees. Tax will be charges according to
Goods Service Tax (GST).
In case of international credit
cards, the transaction amount will be converted to INR
before the payment is accepted. Currency conversion charges
may apply based on your credit card policy.
Your payment card will be debited
for your order on the day we send you the formal order
confirmation.
Privacy Policy
Introduction
We (ZKTeco Global) are committed to
safeguarding the privacy of our cloud visitors and service
users.
This policy applies where we are
acting as a data controller with respect to the personal
data of our cloud service visitors and service users;
in other words, where we determine the purposes and means of
the processing of that personal data.
We use cookies on our cloud service.
Insofar as those cookies are not strictly necessary for the
provision of our services,
we will ask you to consent to our use of cookies when you
first visit our cloud service.
Our cloud service incorporates
privacy controls which affect how we will process your
personal data.
In this policy, "we", "us" and "our"
refer to Intelligent Time. For more information about us,
see Section 13.
Credit
We (ZKTeco Global) are committed to
safeguarding the privacy of our cloud visitors and service
users.
How we use your personal data?
In this Section 3 we have set out:
the general categories of
personal data that we may process;
in the case of personal data
that we did not obtain directly from you, the source
and specific categories of that data;
the purposes for which we
may process personal data; and
the legal bases of the
processing.
We may process data about your use
of our cloud services "usage data". The usage
data may include your IP address,
geographical location, browser type and version, operating
system, referral source, length of visit, page views and
cloud service navigation paths,
as well as information about the timing, frequency and
pattern of your service use. The source of the usage data is
our analytics tracking system.
This usage data may be processed for the purposes of
analyzing the use of the services. The legal basis for this
processing is consent.
We may process your cloud service
user account data ("account data"). The account
data may include your name and email address.
The source of the account data is you or your employer. The
account data may be processed for the purposes of operating
our cloud service,
providing our services, ensuring the security of our cloud
service and services, maintaining back-ups of our databases
and communicating with you.
The legal basis for this processing is consent, namely the
proper administration of our cloud service and business.
We may process information that you
post for publication on our cloud service or through our
services ("publication data").
The publication data may be processed for the purposes of
enabling such publication and administering our cloud
service and services.
The legal basis for this processing is namely the proper
administration of our cloud service and business.
We may process information contained
in any enquiry you submit to us regarding services ("enquiry data").
The enquiry data may be processed for
the purposes of offering, marketing and selling relevant
services to you. The legal basis for this processing is the
proper administration of our cloud service and business.
We may process information relating
to transactions, including purchases of services, that you
enter with us and/or through our cloud service ("transaction data").
The transaction data may include your contact details, your
card details and the transaction details. The source of the
transaction data is you and/or our payment services
provider.
The transaction data may be processed for the purpose of
supplying the purchased services and keeping proper records
of those transactions. The legal basis for this processing
is the performance
of a contract between you and us and/or taking steps, at
your request, to enter into such a contract; providing that,
if you are not the person contracting with us,
the legal basis for this processing is our legitimate
interests, namely the proper administration of our cloud
service and business.
We may process information that you
provide to us for the purpose of subscribing to our email
notifications and/or newsletters ("notification data").
The notification data may be processed for the purposes of
sending you the relevant notifications and/or newsletters.
The legal basis for this processing is consent or
communications
with our cloud service visitors and service users.
We may process any of your personal
data [Personal details (e.g. name, contact details
including, address, date of birth, documents such as
identity card / passport details / Aadhaar details / PAN /
Voter ID / driving license, and/or education details)
provided by you to us] identified in this policy where
necessary for the establishment,
exercise or defense of legal claims, whether in court
proceedings or in an administrative or out-of-court
procedure. The legal basis for this processing is our
legitimate interests,
namely the protection and assertion of our legal rights,
your legal rights and the legal rights of others.
We may process any of your personal
data identified in this policy where necessary for the
purposes of obtaining or maintaining insurance coverage,
managing risks,
or obtaining professional advice. The legal basis for this
processing is our legitimate interests, namely the proper
protection of our business against risks.
In addition to the specific purposes
for which we may process your personal data set out in this
Section 3, we may also process any of your personal data
where such
processing is necessary for compliance with a legal
obligation to which we are subject, or in order to protect
your vital interests or the vital interests of another
natural person.
Please do not supply any other
person's personal data to us, unless we prompt you to do so.
Information obtained from your
mobile device by way of using our app, if any like device
location, communication information including contacts and
call logs,
device information (including storage, model, mobile
network), transactional and promotional SMS/app
notifications.
Providing your personal data to others
We may disclose your personal data
to our insurers and/or professional advisers insofar as
reasonably necessary for the purposes of obtaining or
maintaining insurance coverage, managing risks, obtaining
professional advice, or the establishment, exercise or
defense of legal claims, whether in court proceedings or in
an administrative or out-of-court procedure.
Your personal data held in our cloud
service database will be stored on the servers of our
hosting services providers identified at
easytimepro.in.
In addition to the specific
disclosures of personal data set out in this Section 4, we
may disclose your personal data where such disclosure is
necessary for compliance with a legal obligation to which we
are subject, or in order to protect your vital interests or
the vital interests of another natural person. We may also
disclose your personal data where such disclosure is
necessary for the establishment, exercise or defense of
legal claims, whether in court proceedings or in an
administrative or out-of-court procedure.
International transfers of your personal
data
In this Section 5, we provide
information about the circumstances in which your personal
data may be transferred to countries outside your location.
The hosting facilities for our cloud
service are situated in India. The Regulatory
Commission has made an "adequacy decision" with respect to
the data protection laws of each country. Transfers to
countries will be protected by appropriate safeguards,
namely the use of standard data protection clauses adopted
or approved by the Regulatory Commission.
You acknowledge that personal data
that you submit for publication through our cloud service or
services may be available, via the internet, around the
world. We cannot prevent the use (or misuse) of such
personal data by others.
Retaining and deleting personal data
This Section 6 sets out our data
retention policies and procedure, which are designed to help
ensure that we comply with our legal obligations in relation
to the retention and deletion of personal data.
Personal data that we process for
any purpose or purposes shall not be kept for longer than is
necessary for that purpose or those purposes.
We will retain your personal data as
follows:
As long as the purpose for
its usage exists, after which the same is disposed
off by us except for any record retention required
as per applicable law.
The provisions of various
laws require your transaction logs to be stored for
longer periods post the deletion of an account.
Further, in the event of the pendency of any
legal/regulatory proceeding or receipt of any legal
and/or regulatory direction to that effect, we may
be required by the law of the land to retain your
Personal Data for longer periods
Notwithstanding the other provisions
of this Section 6, we may retain your personal data where
such retention is necessary for compliance with a legal
obligation to which we are subject, or in order to protect
your vital interests or the vital interests of another
natural person.
Your rights
In this Section 7, we have listed
the rights that you have under data protection law.
Your principal rights under data
protection law are:
the right to access - you
can ask for copies of your personal data;
the right to rectification -
you can ask us to rectify inaccurate personal data
and to complete incomplete personal data;
the right to erasure - you
can ask us to erase your personal data;
the right to restrict
processing - you can ask use to restrict the
processing of your personal data;
the right to object to
processing - you can object to the processing of
your personal data;
the right to data
portability - you can ask that we transfer your
personal data to another organization or to you;
the right to complain to a
supervisory authority - you can complain about our
processing of your personal data; and
the right to withdraw
consent - to the extent that the legal basis of our
processing of your personal data is consent, you can
withdraw that consent.
You may exercise any of your rights
in relation to your personal data by written notice to us.
About cookies
A cookie is a file containing an
identifier (a string of letters and numbers) that is sent by
a web server to a web browser and is stored by the browser.
The identifier is then sent back to the server each time the
browser requests a page from the server.
Cookies may be either "persistent"
cookies or "session" cookies: a persistent cookie will be
stored by a web browser and will remain valid until its set
expiry date, unless deleted by the user before the expiry
date; a session cookie, on the other hand, will expire at
the end of the user session, when the web browser is closed.
Cookies do not typically contain any
information that personally identifies a user, but personal
data that we store about you may be linked to the
information stored in and obtained from cookies.
Cookies that we use
We use cookies for the following
purposes:
authentication and status -
we use cookies to identify you when you visit our
cloud service and as you navigate our cloud service,
and to determine if you are logged into the cloud
service;
personalization - we use
cookies to store information about your preferences
and to personalize the cloud service for you;
security - we use cookies as
an element of the security measures used to protect
user accounts, including preventing fraudulent use
of login credentials, and to protect our cloud
service and services generally;
advertising - we use cookies
to help us to display advertisements that will be
relevant to you;
analysis - we use cookies to
help us to analyze the use and performance of our
services; and
cookie consent - we use
cookies to store your preferences in relation to the
use of cookies more generally.
Cookies used by our service providers
Our service providers use cookies
and those cookies may be stored on your computer when you
visit our cloud service.
Managing cookies
Most browsers allow you to refuse to
accept cookies and to delete cookies. The methods for doing
so vary from browser to browser, and from version to
version. You can however obtain up-to-date information about
blocking and deleting cookies via these links:
