Effective Date: Jan 1, 2023
Last Updated on: Jan 1, 2023
- ACCOUNT TERMS
- You acknowledge that for the provision of certain Services, Consark’s employees may also have to be added as users to your Account. You provide your express consent towards the addition of Consark’s employees to your Account when the need demands.
- You acknowledge that Consark will use Your email address as the primary method of communication with You. You must monitor the email address You provide to Consark and the email address must be capable of both sending and receiving messages. Your email communications with Consark can only be authenticated if they come from Your registered email address, therefore, should there be any change in the use of Your email address, You should update such change with Consark and provide Your new email address accordingly.
- Consark stores Your password in an encrypted format. You are responsible for keeping Your password secure. Consark cannot and will not be liable for any loss or damage from Your failure to maintain the security of Your Account and password.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Consark website, UCP software application, and Service, use of the Consark website, UCP software application, and Services, or access to the Consark website, UCP software application, and Services, without the express written permission of Consark. You also agree not to cache our displayed data in any form. You agree not to access the Consark website, UCP software application, and Services or monitor any material or information from the Consark website, UCP software application, and Services using any robot, spider, scraper, or other automated means. You may also not tamper with or circumvent any security technology included with the Consark website, UCP software application, and Services. Violation of this Clause will result in immediate Account termination.
- RULES GOVERNING USAGE OF SERVICES
- You shall be solely responsible for Your use of the UCP software application and shall use the UCP software application lawfully and responsibly.
- Consark does not pre-screen the materials uploaded/stored by You in our server or the materials obtained by You from Your clients/customers/contacts through the Information workflow feature of the UCP software application that you then store in our server. Therefore, You agree to defend, indemnify and hold harmless Consark and its affiliates, directors and employees, against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, expenses, etc., arising out of Your use, uploading, and/or storage of Your materials and/or Your clients’/customers’/contacts’ materials in the UCP software application and its associated servers, including any infringement or breach of trust or contract caused by such action of Yours.
- You acknowledge that when using the Information workflow feature of the UCP software application seeking for information/files/documents from a requestee, the requestee is sent an email on the email address provided by You to Consark and the said email comprises of the link to access the UCP software application wherein the requested information/files/documents can be uploaded. You further acknowledge that the said link to access the UCP software application by the requestee is not password protected and therefore You agree to take entire responsibility to keep the link safe. You represent and warrant that You shall be responsible for providing the accurate email address of the requestee to Consark and that should there be any untoward disclosure of information and/or breach in security of the information, You shall defend, indemnify and hold harmless Consark and its affiliates, directors and employees against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, expenses, etc., arising out of the same.
- You acknowledge that the UCP software application provides You the option of either using its servers for storage of Your/Your clients’/customers’/contacts’ information or the option of linking Your personal cloud storage platform to the UCP software application whereby the information collected can be stored directly in your personal cloud storage drive. You agree that in the latter case, Consark does not have any liability as regards loss or misuse of data, or regards the security of the data stored.
- You acknowledge and agree that the nature of information and/or document/file collected by You using the Information workflow feature of the UCP software application and subsequently stored by You, either on Consark’s servers or Your personal cloud storage platform, is solely at Your discretion without Consark having any knowledge, influence or involvement whatsoever in the matter, and therefore, You undertake to be responsible, lawful and collect and store only relevant and legal information/data as may be expedient and necessary. You agree to defend, indemnify and hold harmless Consark, its affiliates, directors and employees against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, expenses, etc., arising from Your breach of the aforesaid.
- Consark reserves the right to provide our Services to Your competitors and makes no promise of exclusivity. You further acknowledge and agree that Consark’s employees and contractors may also be Consark Users and that they may compete with You, although they may not use Your Confidential Information (as defined in Clause 5) in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a government issued photo ID or confirmation of Your status as an employee of the entity.
- You may neither use the Consark website, UCP software application, and Services for any illegal or unauthorised purpose nor may You, in the use of the aforementioned, violate any laws in Your jurisdiction.
- You acknowledge that Consark may monitor Your activities on the Consark website and/or UCP software application through plugins at Consark’s discretion, in accordance with applicable laws, and You consent to such monitoring. In addition, upon notice from Consark, You shall provide Consark with such information, access, and assistance as we may reasonably require.
- PAYMENT TERMS
- Payment terms are governed by the agreement entered into between Consark and you.
- Consark may require a valid payment method on file with us in future, to pay for all incurred and recurring fees. You agree to allow Consark to charge applicable fees to any valid payment method that You authorise until the Term of the UCP software application and/or Services is terminated and any and all outstanding fees have been paid in full.
- Consark reserves our right to not provide any refunds.
- “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Consark’s Confidential Information includes all information that You receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
- Your use of the Consark website, UCP software application and its associated Services is at Your sole risk. The Consark website, UCP software application and its associated Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
- Consark does not warrant that the Consark website, UCP software application and its associated Services will be uninterrupted, timely, secure, or error-free.
- Consark does not warrant that the results that may be obtained from the use of the Consark website, UCP software application and its associated Services will be accurate or reliable.
- Consark does not warrant that the Consark website, UCP software application and its associated Services will meet Your expectations, or that any errors in the Services will be corrected.
- INTELLECTUAL PROPERTY AND OWNERSHIP
- Consark acknowledges that You are the owner of the materials You upload onto the Services. We do not claim any ownership in the materials You upload, however, we do require a license to those materials. You accordingly grant Consark a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, run, copy, store, reproduce, make available, display, and translate, the materials provided by You in connection with the Services. You represent, warrant, and agree that You have all necessary rights in the materials to grant this license.
- You agree that Consark can, at any time, review and delete any or all of the materials submitted by You to the UCP software application and its associated Services, although Consark is not obligated to do so.
- TERM AND TERMINATION
- Upon termination of the Services by either party for any reason:
- Consark will cease providing You access to the UCP software application and also cease providing You with the Services and You will no longer be able to access Your Account;
- any outstanding balance owed to Consark for Your use of the UCP software application and its associated Services through the effective date of such termination will immediately become due and payable in full; and
- Your account will be permanently deleted including all the information and data You have provided, from the UCP software application.