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Terms of Use

Last updated – 21st June 2023

Introduction

Welcome to EkRewards !!

These Terms of Use ("Terms") govern your access to and use of EkRewards' website, applications, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

Important: These Terms contain important information about your rights and obligations. Please review them carefully. If you have any questions, contact us at legal@ekrewards.com.

Definitions

For the purposes of these Terms:

"Services"

Refers to EkRewards' rewards and recognition platform, including our website, mobile applications, and all related services, features, content, and functionality.

"User" or "You"

Means any individual or entity that accesses or uses our Services, including Customer Companies and Employee Users.

"Customer Company"

Refers to organizations that have entered into an agreement with EkRewards to use our Services for their employee rewards and recognition programs.

"Employee User"

Means individuals who access and use our Services through their employer's Customer Company account.

"Content"

Includes all information, data, text, graphics, photos, profiles, audio, video, and other materials that are posted, stored, or transmitted through our Services.

Eligibility and Registration

Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age.

Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Enterprise Accounts

For Customer Companies, the organization is responsible for all activities conducted through its account and for ensuring that all Employee Users comply with these Terms.

Acceptable Use

Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services

Prohibited Activities

You agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services

Intellectual Property Rights

Our Content

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by EkRewards, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks

The EkRewards name, the EkRewards logo, and all related names, logos, product and service names, designs, and slogans are trademarks of EkRewards or its affiliates or licensors. You must not use such marks without the prior written permission of EkRewards.

Your Content

By posting, storing, or transmitting any content on or through the Services, you grant EkRewards a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display such content in connection with providing the Services.

Copyright Complaints

We respect the intellectual property rights of others. If you believe that any material on our Services infringes your copyright, please contact us at copyright@ekrewards.com.

User Content

Responsibility for Content

You are solely responsible for all content that you post, upload, or otherwise make available through the Services. You represent and warrant that you own or have the necessary rights to all content you submit and that such content does not violate these Terms.

Content Standards

All user content must comply with content standards and must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, or inflammatory
  • Promote sexually explicit or pornographic material, violence, or discrimination
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
  • Promote any illegal activity or advocate, promote, or assist any unlawful act

Monitoring and Enforcement

We have the right to monitor user content and to remove or refuse to post any content for any or no reason in our sole discretion. We may also take appropriate legal action for any illegal or unauthorized use of the Services.

Payment Terms

Fees

Certain features of our Services may require payment of fees. You agree to pay all applicable fees as described on our website or in your service agreement. All fees are non-refundable except as required by law or as otherwise specified.

Billing

For paid services, we will bill you through the payment method you provide. You authorize us to charge all sums for the services you select to that payment method.

Price Changes

We reserve the right to change our pricing at any time. We will provide you with notice of any price changes at least 30 days in advance.

Taxes

You are responsible for paying all taxes, levies, or similar governmental assessments associated with your use of our Services, excluding taxes based on our net income.

Termination

Termination by You

You may stop using our Services at any time. For paid services, termination may be subject to the terms of your service agreement.

Termination by Us

We may suspend or terminate your access to the Services at any time for any reason, including if we believe you have violated these Terms. We will provide notice of termination when appropriate.

Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EKREWARDS NOR ANY PERSON ASSOCIATED WITH EKREWARDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EKREWARDS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts located in Mumbai, India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Contact Information

If you have any questions about these Terms, please contact us:

EkRewards Legal Department
Email: legal@ekrewards.com
Address: [Your Company Address]
Website: https://ekrewards.com

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