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ZYCUS SUPPLIER NETWORK (ZSN) -TERMS AND CONDITIONS


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These following "Terms of Use" describe the terms under which ZYCUS offers each individual or entity access to its services on the ZYCUS Supplier Network ("ZSN"). By accessing the Supplier network or any content on the Supplier network, You agree to comply with and to be bound by the Terms AND CONDITIONS set out below. If You do not understand/agree with these TERMS, please do not use the SITE.


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.

 
If you are accessing and/or using Zycus Supplier network on behalf of your employer or as a consultant or agent of a third party (collectively your company), you represent and warrant that you have the authority to act on behalf of and bind your company to the terms of use and everywhere in this Terms of use that refers to You or Your, shall also include Your Company.

You must 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 ACT (COPPA)
OF 1998.

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.


MODIFICATION OF TERMS OF USE


Zycus Supplier network reserves the right to modify any provision hereof from time to time, and such modification shall be effective immediately upon its posting on Zycus Supplier network. You agree to be bound to any changes to this "terms of use" if you continue to use this Zycus Supplier network after any such modification is posted. Users of Zycus Supplier network have an affirmative duty, to keep themselves informed of changes.


ZYCUS SUPPLIER NETWORK PRIVACY POLICY


For information about Zycus data protection practices, please read Zycus privacy policy . This policy explains how Zycus Supplier network treats your personal/confidential information, and protects your privacy when you visit and/or use Zycus Supplier network. You agree to the use of your data in accordance with these Terms of use and Zycus’ privacy policy.

 

 

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.


SUPPLIER REGISTRATION


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.


Supplier obligations

The Users and Suppliers on Zycus Supplier Network are not required to pay any fees to Zycus for use of Zycus Supplier network.

Information and data provided by Supplier through Zycus Supplier network will only be used by Buyers and Zycus as reasonably required for operating ZSN and providing the Supplier Network services and in accordance with Zycus’ Privacy Policy. Suppliers  acknowledge and agree that if Suppliers  receive and/or send or otherwise provide information to others using the Supplier Network, the recipients of such information may copy or redistribute such information, for instance by using standard interfaces to transfer data into external systems, by exporting data electronically into files or reports, by printing or other means.

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.

 

Data Protection

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.


Indemnity


Suppliers hereby represent  that the Supplier Content hereunder does not violate or infringe the intellectual property, privacy or publicity rights of any third party, Supplier shall defend, indemnify and hold Zycus  harmless from and against all claims, damages, liabilities, fines, costs and expenses including reasonable legal fees incurred by Zycus  or which are agreed by Zycus  to be paid by way of settlement or compromise, arising out of any third-party claim due to a breach of the foregoing representations and warranties or any violation of applicable law by Supplier.
User agrees to hold harmless and indemnify Zycus Supplier network , and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, without limitation, from and against any claims arising from or in any way related to the use of ZSN by the Users, including but not limited to uploading User information, violation of any third Party rights pertaining to any intellectual property rights or confidential information, violation of these Terms of Use or any other actions connected with use of Zycus Supplier network  Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Zycus Supplier network will provide Users with written notice of such claim, suit or action. The Users waives all rights to claim damages that may have been caused to them by visiting and/or using this Zycus Supplier network.

 

DISCLAIMER


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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ZYCUS SUPPLIER NETWORK OR THROUGH OR FROM ZYCUS SUPPLIER NETWORK SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

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.

 

GENERAL INFORMATION

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.

Entire Agreement- the Terms of Use and the Privacy Policy referenced herein constitute the entire agreement between Users and Zycus Supplier network and govern Users visit and/or use of Zycus Supplier network and the services, superseding any prior agreements or any other agreements, terms and conditions between User and Zycus Supplier network. Users also may be subject to additional terms and conditions that may apply when Users use Zycus Supplier network, third-party content or third-party software.

Choice of Law and Forum- the Terms of Use and the relationship between Users and Zycus Supplier network shall be governed by the laws of New Jersey without regard to its conflict of law and provisions. Any cause of action or claim you may have with respect to ZSN must be commenced within one (1) year after the claim or cause of action arise or else such claim or cause of action shall be deemed to be barred. Users of Zycus Supplier network agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to Zycus Supplier network, its terms of use and privacy policy. Arbitration shall be conducted pursuant to the rules and regulations of ICC. Arbitration shall take place in English language and the seat of arbitration shall be at New Jersey. The Users of Zycus Supplier networks hereby agree and submit themselves to the Arbitration and to the jurisdiction of the courts of New Jersey for enforcing the arbitration award. Pursuant to the acceptance of arbitration, in no case shall the User, Suppliers, viewer, visitor, member, subscriber or customer have the right to go to the court and such rights will thereby stand waived by the Users.

Waiver and Severability of Terms: If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Any rights not expressly granted herein are reserved.

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:

DETAILS FOR CONTACTING ZYCUS

Phone: +91 22 66407676


Email:  ist@zycus.com


Copyright © 2017, This is Confidential Information belonging to Zycus Infotech Private Limited and its Affiliates, subsidiaries etc. All rights reserved.