1.1 CHI® Express is a comprehensive Customer Experience
Management solution covering customer satisfaction, customer survey and experience
management software (and associated websites) provided by Logica Infotech Services
Private Limited ("us", "we") at chiexpress.net (together, "CHI® Express" and related
brands "eHaapi" and "Haapi").
1.2 These Terms apply to your use of CHI® Express
and any free trial of CHI® Express. By accessing and registering with CHI® Express,
the person or organization entering into these Terms as a user of CHI® Express, together
with all individual users accessing CHI® Express on that person’s behalf (together,
"you") accept and agree to be bound by these Terms. If you do not accept these Terms,
you should not use CHI® Express, eHaapi and Haapi associated services.
2.1 We can amend these Terms at any time. Amendments
will be effective immediately when posted on CHI® Express. You are responsible for
ensuring you are familiar with the latest Terms. By continuing to use CHI® Express,
you agree to be bound by the Terms as amended (whether or not you have received
any amendments).
3.1 You agree to only use CHI® Express in a way
that complies with all applicable laws and regulations, that does not infringe our
rights or other users’ rights, and that does not inhibit or restrict other users’
enjoyment of CHI® Express.
3.2 To use CHI® Express services, you will need
to provide or upload your customers’ email addresses, telephone numbers and you
may provide us with your customers’ names and any other relevant business identifiers
such as account numbers ("Customer Information"). You can provide Customer Information
to us directly or by connecting us with your customer email database(s) via an app
or API. You agree that we may automatically send survey request emails relating
to your business to the email addresses provided to us.
3.3 We will only use the Customer Information
that you have provided to us for the purpose of obtaining the customer satisfaction
scores, Net Promoter Score and other customer feedbacks about your products or services,
or to provide any other service that you have requested. For the avoidance of doubt,
we will not sell or trade Customer Information provided by you to third parties.
You are solely responsible for ensuring that your provision of Customer Information
to us complies with all applicable privacy or data protection laws and agreements
that you have entered into and that you are authorized to provide it to us.
3.4 You agree that we may use cookies to collect
information for future marketing purposes. Cookies are small pieces of information
that are stored in a browser-related file on your computer’s hard drive when you
use CHI® Express, eHaapi and Haapi.
3.5 You are responsible for all activity resulting
from your use of CHI® Express, eHaapi and Haapi. You indemnify us, and will keep
us indemnified, against all forms of liability, action, proceeding, demand, cost,
change and expense which we may incur or be subject to or suffer as a result of
your use of CHI® Express, eHaapi and Haapi.
4.1 The Service may include certain communications
from Logica Infotech Services, such as service announcements, administrative messages
and newsletters. You understand that these communications shall be considered part
of using the Services. As part of our policy to provide you total privacy, we also
provide you the option of opting out from receiving newsletters from us. However,
you will not be able to opt-out from receiving service announcements and administrative
messages.
5.1 If we receive a complaint from any person
against you with respect to your activities as part of use of the Services, we will
forward the complaint to the primary email address of your user account. You must
respond to the complainant directly within 10 days of receiving the complaint forwarded
by us and copy Logica Infotech Services email ID in the communication. If you do
not respond to the complainant within 10 days from the date of our email to you,
we may disclose your name and contact information to the complainant for enabling
the complainant to take legal action against you. You understand that your failure
to respond to the forwarded complaint within the 10 days’ time limit will be construed
as your consent to disclosure of your name and contact information by Logica Infotech
Services to the complainant.
6.1 The Services are available under many subscription
plans of various durations. Payments for subscription plans of duration of less
than a year can be made only by Credit Card or wire transfer. Your subscription
will be automatically renewed at the end of each subscription period unless you
inform us that you do not wish to renew the subscription. At the time of automatic
renewal, the subscription fee will be charged to the Credit Card last used by you.
We provide you the option of changing the details if you would like the payment
for the renewal to be made through a different Credit Card. If you do not wish to
renew the subscription, you must inform us at least ten business days prior to the
renewal date. If you have not informed us that you do not wish to renew the subscription,
you will be presumed to have authorized Logica Infotech Services to charge the subscription
fee to the Credit Card last used by you.
6.2 From time to time, we may change the price
of any Service or charge for use of Services that are currently available free of
charge. Any increase in charges will not apply until the expiry of your then current
billing cycle. You will not be charged for using any Service unless you have opted
for a paid subscription plan.
7.1 In addition to all other terms and conditions
of this Agreement, you shall not: (i) transfer the Services or otherwise make it
available to any third party; (ii) provide any service based on the Services without
prior written permission; (iii) use the third party links to sites without agreeing
to their website terms & conditions; (iv) post links to third party sites or use
their logo, company name, etc. without their prior written permission; (v) publish
any personal or confidential information belonging to any person or entity without
obtaining consent from such person or entity; (vi) use the Services in any manner
that could damage, disable, overburden, impair or harm any server, network, computer
system, resource of Logica Infotech Services; (vii) violate any applicable local,
state, national or international law; and (viii) create a false identity to mislead
any person as to the identity or origin of any communication. (ix) damage or harm
CHI® Express, and related products and services eHaapi, Haapi or any underlying or
connected network or system; (x) use a harvesting bot, robot, spider, scraper, or
other unauthorized automated means to access CHI® Express or content featured on
it for any purpose; introduce any viruses, content or code that is technologically
harmful; or do anything that could disable, overburden, or impair the proper working
of CHI® Express, such as a denial of service attack; (xi) use CHI® Express to do anything
unlawful, misleading, malicious, or discriminatory; (xii) modify or remove any CHI®
Express, eHaapi, Haapi logos, links or other branding items when using our services;
or (xiii) facilitate or encourage any violations of these Terms; or attempt to do
any of the above.
8.1 You agree to be solely responsible for the
contents of your transmissions through the Services. You agree not to use the Services
for illegal purposes or for the transmission of material that is unlawful, defamatory,
harassing, libelous, invasive of another's privacy, abusive, threatening, harmful,
vulgar, pornographic, obscene, or is otherwise objectionable, offends religious
sentiments, promotes racism, contains viruses or malicious code, or that which infringes
or may infringe intellectual property or other rights of another. You agree not
to use the Services for the transmission of "junk mail", "spam", "chain letters",
“phishing” or unsolicited mass distribution of email. We reserve the right to terminate
your access to the Services if there are reasonable grounds to believe that you
have used the Services for any illegal or unauthorized activity.
9.1 We reserve the right to terminate unpaid
user accounts that are inactive for a continuous period of 90 days. In the event
of such termination, all data associated with such user account will be deleted.
We will provide you prior notice of such termination and option to back-up your
data. The data deletion policy may be implemented with respect to any or all of
the Services. Each Service will be considered an independent and separate service
for the purpose of calculating the period of inactivity. In other words, activity
in one of the Services is not sufficient to keep your user account in another Service
active. In case of accounts with more than one user, if at least one of the users
is active, the account will not be considered inactive.
10.1 We respect your right to ownership of content
created or stored by you. You own the content created or stored by you. Unless specifically
permitted by you, your use of the Services does not grant Logica Infotech Services
the license to use, reproduce, adapt, modify, publish or distribute the content
created by you or stored in your user account for Logica Infotech Services’s commercial,
marketing or any similar purpose. But you grant Logica Infotech Services permission
to access, copy, distribute, store, transmit, reformat, publicly display and publicly
perform the content of your user account solely as required for the purpose of providing
the Services to you.
11.1 You may transmit or publish content created
by you using any of the Services or otherwise. However, you shall be solely responsible
for such content and the consequences of its transmission or publication. Any content
made public will be publicly accessible through the internet and may be crawled
and indexed by search engines. You are responsible for ensuring that you do not
accidentally make any private content publicly available. Any content that you may
receive from other users of the Services, is provided to you AS IS for your information
and personal use only and you agree not to use, copy, reproduce, distribute, transmit,
broadcast, display, sell, license or otherwise exploit such content for any purpose,
without the express written consent of the person who owns the rights to such content.
In the course of using any of the Services, if you come across any content with
copyright notice(s) or any copy protection feature(s), you agree not to remove such
copyright notice(s) or disable such copy protection feature(s) as the case may be.
By making any copyrighted/copyrightable content available on any of the Services
you affirm that you have the consent, authorization or permission, as the case may
be from every person who may claim any rights in such content to make such content
available in such manner. Further, by making any content available in the manner
aforementioned, you expressly agree that Logica Infotech Services will have the
right to block access to or remove such content made available by you if Logica
Infotech Services receives complaints concerning any illegality or infringement
of third party rights in such content. By using any of the Services and transmitting
or publishing any content using such Service, you expressly consent to determination
of questions of illegality or infringement of third party rights in such content
by the agent designated by Logica Infotech Services for this purpose.
11.2 If you wish to protest any blocking or removal
of content by Logica Infotech Services, you may do so in the manner provided here.
12.1 Logica Infotech Services may provide sample
files and applications for the purpose of demonstrating the possibility of using
the Services effectively for specific purposes. The information contained in any
such sample files and applications consists of random data. Logica Infotech Services
makes no warranty, either express or implied, as to the accuracy, usefulness, completeness
or reliability of the information or the sample files and applications.
13.1 Logica Infotech Services Pvt. Ltd., CHI®
& Haapi logo, the names of individual Services and their logos are trademarks of
LOGICA INFOTECH SERVICES PRIVATE LIMITED. You agree not to display or use, in any
manner, the Logica Infotech, CHI® and Haapi trademarks, without Logica Infotech Services
Pvt. Ltd.’s prior permission.
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT
THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE
BASIS. LOGICA INFOTECH SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOGICA INFOTECH SERVICES
MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES
SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT
RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE
OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LOGICA INFOTECH SERVICES,
ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS.
15.1 YOU AGREE THAT LOGICA INFOTECH SERVICES
SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING
OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF LOGICA
INFOTECH SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT
SHALL LOGICA INFOTECH SERVICES’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE,
WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
16.1 You agree to indemnify and hold harmless
Logica Infotech Services Pvt. Ltd., its officers, directors, employees, suppliers,
partners and affiliates, from and against any losses, damages, fines and expenses
(including attorney's fees and costs) arising out of or relating to any claims that
you have used the Services in violation of another party's rights, in violation
of any law, in violations of any provisions of the Terms, or any other claim related
to your use of the Services, except where such use is authorized by Logica Infotech
Services Pvt. Ltd.
17.1 Any controversy or claim arising out of
or relating to the Terms shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the Indian Council of Arbitration. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other party.
The decision of the arbitrator shall be final and unappealable. The arbitration
shall be conducted in Kolkata, India and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Notwithstanding anything to
the contrary, Logica Infotech Services may at any time seek injunctions or other
forms of equitable relief from any court of competent jurisdiction.
18.1 We may suspend your user account or temporarily
disable access to whole or part of any Service in the event of any suspected illegal
activity, extended periods of inactivity or requests by law enforcement or other
government agencies. Objections to suspension or disabling of user accounts should
be made to info@logicainfotech.com
within thirty days of being notified about the suspension. We may terminate a suspended
or disabled user account after thirty days. We will also terminate your user account
on your request.
18.2 In addition, we reserve the right to terminate
your user account and deny the Services upon reasonable belief that you have violated
the Terms and to terminate your access to any Beta Service in case of unexpected
technical issues or discontinuation of the Beta Service. You have the right to terminate
your user account if Logica Infotech Services breaches its obligations under these
Terms and in such event, you will be entitled to prorated refund of any prepaid
fees. Termination of user account will include denial of access to all Services,
deletion of information in your user account such as your email address and password
and deletion of all data in your user account.
