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ZYCUS SUPPLIER NETWORK (ZSN) -TERMS AND CONDITIONS
PARTIES TO THIS AGREEMENT
Visitors, Viewers, Suppliers and Other vendors, collectively referred to herein as "Users," are parties to this agreement.
Suppliers- Zycus’ customer’s Suppliers (supplier contacts and Supplier Company)
Other Vendors - Entities who are not Zycus’ customers’ suppliers.
Buyers- Zycus’ Customers, who have executed valid customer contracts with Zycus.
be 18 years old to visit and/or use Zycus Supplier network as this site is not
intended for minors and is not subject to CHILDREN ONLINE PRIVACY PROTECTION
Zycus together with its subsidiaries are the creator of this Zycus Supplier network and accordingly its owners and/or operators are parties to this agreement, herein referred to as "Zycus Supplier network." Zycus Supplier Network is and will remain the sole and exclusive property of Zycus and its licensors, if any, whether Zycus Supplier network is separate or integrated with any other products, services or deliverables or whether any rebranding is done on Zycus Supplier network.
NOTIFICATIONS FOR EVENTS
Buyers through other Zycus product platforms shall trigger notifications to the suppliers registered on ZSN for confirming Supplier’s participation in various events (for eg. conducting contracting activities, authoring, drafting and negotiation of contracts, invoicing, procurement of goods and services collectively "Events") conducted by Buyers on other Zycus’ product platforms. Zycus Supplier network can be used by Suppliers for responding to such notifications sent by Buyers from other Zycus product platforms. Buyer has final responsibility for all decisions regarding the operation of the events. Supplier agrees to provide true and accurate information asked for by the Buyer in relation to any events being conducted on Zycus other product platforms. Zycus expressly disclaims any and all liability whatsoever in relation to the conducting of these events, because these events are initiated by the Buyers on Zycus’ other product platforms. Zycus does not initiate the transmission nor Select the receiver of the transmission. Zycus does not select or modify the information in the transmission.
Suppliers can do a self-registration or the Buyers can send invitation to supplier to join Zycus Supplier network. Zycus Supplier network requires Suppliers to register in order to receive information and or interact with the Buyers on Zycus other product Platforms. If registration is requested, Suppliers agree to provide accurate and complete registration information. Suppliers by providing information agree to be allowing this information to be visible to all Zycus’ Customers who are or will be doing business with the supplier. The Buyers reserves the right to refuse to initiate business with the supplier. Supplier’s profile Information would be part of ZSN even if the buyer refuses/stops to do business. Once supplier provides relevant information, data on this website for creating its profile, the same cannot be unsubscribed as there is no opt out option for supplier. This ZSN uses forms to generate e-mails, which are then used to submit registration information, inquiries and other business processes. Zycus explicitly states that these forms do not constitute any agreement between Zycus and the person and/or Supplier submitting the form. Zycus expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms. The invitation to join ZSN will be sent by the Buyers and then Suppliers upon providing requisite information and or acceptance to the invitation, the Buyers reserves the right to initiate business with Suppliers on the Supplier network. Upon registration the Suppliers become valid members of the Zycus Supplier network. Suppliers are responsible for maintaining the confidentiality of its account login credentials and/or password, as well as all uses of its account.
Relationship of Parties
Supplier understands that Supplier is not the client of Zycus. The Buyer is the customer of Zycus. Supplier further agrees that in the event of participation in any events and or using the Supplier network, the Supplier does not become the customer of Zycus. The Supplier while interacting with the Buyer for any events understands that this does not create any relationship with Zycus. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by this Agreement. For all actual or potential transactions between Supplier and the Buyer of on ZSN, Zycus shall not be liable in any manner whatsoever.
The Users and Suppliers on Zycus Supplier Network are not required to pay any fees to Zycus for use of Zycus Supplier network.
Supplier assumes all risk in dealing with other members of the Supplier Network and shall be responsible for all communication with each other. Supplier agrees that it is solely responsible for its actions on ZSN. Any dispute regarding any product or service, or failure to provide agreed products and services must be resolved directly between Supplier and such third party (ies). Zycus is not responsible for any breach by either party of the terms of any transaction or associated transaction-related activities.
Supplier agrees (i) to abide by all applicable local, state, national, and international laws and regulations; (ii) not to use the Supplier Network for illegal purposes; (iii) not to impersonate any person or entity or engage in any fraudulent business practice, including generating invalid impressions, clicks, or other actions; (iv) not to display or transmit any unlawful, harmful, hateful, racially, ethnically or objectionable material of any kind; (v) not to distribute in any way files that contain viruses, corrupted files, or any other similar programs; and (vi) not to interfere or disrupt the network's functionality.
On ZSN, each registered Supplier is assigned one login IDs and password that will enable such Suppliers to access the Supplier Network. Suppliers shall take reasonable precautions to protect against theft, loss or fraudulent use of such IDs and passwords, and Suppliers are solely responsible for any losses arising from another party's use of such IDs and passwords, either with or without Supplier’s knowledge.
INTELLECTUAL PROPERTY RIGHTS
Zycus retain all copyright, trademarks, trade secret, patent and other proprietary and intellectual property rights to Zycus Supplier Network. Users may access and use the Supplier Network solely for conducting the allowed operations on ZSN. The users agree that any buyer specific rebranding of any particular web page on ZSN does not create any resale rights of ZSN. Nothing in these Terms will directly or indirectly be construed to assign or grant users any right of ownership, title or interest in any intellectual property rights relating to ZSN
Zycus acknowledges that users retain all copyright, trademarks, trade secret, patent and other proprietary and intellectual property rights to the information users provide to ZSN. Nothing in these Terms will directly or indirectly be construed to assign or grant Zycus any right of ownership, title or interest in the information owned by users, or any intellectual property rights relating thereto, except as to display such information within ZSN
USAGE : Zycus shall use Seller’s Information for the following limited purposes, to: perform internal tracking and carry out functional improvements to ZSN and for creating benchmark reports or content aggregation. Data shall not identify Supplier as the source of any specific piece of data, and shall not include any personally identifiable information or data specific to any individual identified in the Supplier Content.
Zycus Supplier network has appropriate technical and organizational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected. Zycus Supplier network has adequate and effective safeguards utilizing security technologies and techniques in accordance with the best industry practices relating to the prevention and detection of inappropriate use or access of software, hardware, systems. Zycus Supplier network implements and/or uses network management and maintenance applications and tools and appropriate intrusion detection, identity management, and encryption technologies. Zycus uses industry standards (such as Standards for Attest Engagements No. 16 (SSAE 16 - which include principles of Availability, Confidentiality, Processing Integrity, and Security) and related Service Organization Control ("SOC") standards
Dealings with Third Parties
During the use of Zycus Supplier network, Users may enter into correspondence with, any other third party selling its goods and services. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between Users and the applicable third-party. Zycus Supplier network and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between Users and any such third-party.
ZSN SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ALL OF WHICH ZYCUS EXPRESSLY DISCLAIMS. ZYCUS MAKES NO WARRANTY (i) THAT ZSN WILL MEET USERS REQUIREMENTS, (ii) THAT ZSN SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) ZYCUS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE ZSN SERVICES OR ANY OTHER SOLUTIONS THAT MAY BE LINKED TO VIA ZSN SERVICES. FURTHER ZYCUS MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, AS TO ITS ACCURACY, ADEQUACY, SUFFICIENCY, OR FREEDOM FROM DEFECT OF ANY KIND. USERS ASSUME ALL THE RISK OF VIEWING, READING, USING, OR RELYING UPON THIS INFORMATION. UNLESS USERS HAVE OTHERWISE FORMED AN EXPRESS CONTRACT TO THE CONTRARY WITH ZYCUS, USERS HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. ZYCUS SUPPLIER NETWORK MAKES NO SUCH WARRANTY. USER MAY DOWNLOAD INFORMATION AND/OR USE INFORMATION FROM ZSN AT THEIR OWN RISK. ZYCUS SUPPLIER NETWORK MAKES NO WARRANTY THAT DOWNLOADS IS FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS. ANY MATERIAL UPLOADED OR OTHERWISE DEMONSTRATED THROUGH ZYCUS SUPPLIER NETWORK IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USERS WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS ARISING OUT OF UPLOADING ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
USERS UNDERSTAND AND AGREE THAT ZYCUS SUPPLIER NETWORK SHALL NOT BE LIABLE TO USERS 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 ZYCUS SUPPLIER NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:THE USE OR THE INABILITY TO USE ZYCUS SUPPLIER NETWORK , AND/OR ITS SERVICE; PROCUREMENT OF GOODS AND SERVICES, INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ZSN AND/OR ITS SERVICE; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO ZSN AND/OR SERVICE.
Termination or Suspension for Breach- If any User of the Supplier network commits any breach of obligation under this agreement and the User does not cure such breach within thirty (30) days after receipt of notice of such breach, Zycus may terminate this Agreement or suspend User’s Use of ZSN. Zycus may terminate the Agreement immediately if the User uses the Zycus Supplier network for illegal, fraudulent or abusive purpose, such use may be referred to law enforcement authorities without notice to User and further Zycus reserves the right to suspend User’s use of Zycus Supplier network.
Choice of Law and Forum-
- For USA and non-European based Users:
- For European based Users:
To the best of Zycus’ knowledge, all material published by Zycus on ZSN is done with the full agreement of the copyright owners (be that Zycus or another party). If you come across a situation where you suspect that this may not be the case, in accordance with the Digital Millennium Copyright Act (DMCA), we ask that you contact:
Phone: +91 22 66407676
Copyright © 2017, This is Confidential Information belonging to Zycus Infotech Private Limited and its Affiliates, subsidiaries etc. All rights reserved.