USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OR SERVICE:
In these Terms, “HAPVAS ”, “us”, “we” and “our” means HAPVAS Technologies Pvt Ltd and our related bodies corporate. The “Service(s)” means the ECPlus Design website or applications, and any written or electronic use or feature guides made available by us.
Description of Service:
We provide Civil/Structural Engineering Design services for online collaboration using smart cloud technology (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Whilst we take strict precautions to check and ensure the quality of every calculation, and the Service is expressly designed to allow easy checking, we cannot guarantee that every calculation is error free, or will cover every design scenario, or combination of design requirements. You acknowledge that anything produced using the Service should be checked and verified with an appropriate level of care. As such, You warrant that:
- The persons using or supervising the use of the Service are adequately qualified and;
- Any and all results, calculations, documentation, and outputs produced or generated in the use of the Service are verified, checked, and validated using independent means by a person appropriately qualified to check such materials; for example, an appropriately qualified and experienced structural engineer should check and verify structural computations.
By using this Service, You agree to take full responsibility for the final values, outputs, and statements generated by the Service, as well as fulfill the above warranties regarding use of the Service. In no event will HAPVAS and its affiliates, officers, employees, agents, suppliers or licensees be held liable for any unfavorable conditions arising from use of the Service.
The forces, materials and results are all based on theoretical input and solutions. With any structure or design, a wide variety of other factors can directly impact the actual results and behaviour of said structures. Some examples include other loads (e.g. wind), actual material properties, self-weight, age of structure etc. As a user you understand that such variables can strongly alter the results of ECPLUS products from reality and should be considered in your design and calculations.
User Sign up Obligations:
You need to sign up for a user account by providing all the required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to a) provide true, accurate, current and complete information about yourself as prompted by the signup process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete or if HAPVAS/ECPlus Design has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, HAPVAS/ECPlus Design may terminate your user account and refuse current or future use of any or all of the Services.
Modification of Terms of Service:
We expressly reserve the right to update and change these Terms from time to time without notice to you. Any new feature or change that augment or enhance the current Service shall be subject to the Terms of Service. You accept and agree that this is your responsibility to reviewing these changes from time to time and to familiarize yourself with any modification. Your continued use of the Service after such modifications will constitute acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms. If we make any changes in the Terms, we will change the last updated date. You can review the most current version of the Terms at any time at https://www.ecplusdesign.com/TermsandConditions
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website https://www.ecplusdesign.com/TermsandConditions. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
We reserve the sole right to either modify or discontinue the Service or may delete or add any feature at any time with or without notice to you. We will not be liable to you or any third party should we exercise such an option.
We do not guarantee that the Service will be operable at all the times or during down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance or force majeure conditions.
Registration Data and Privacy:
In order to access to Service and or to complete our online registration you may have to provide certain data and information. It is your responsibility and obligation that the information and the data provided is true, complete and up to date.
Security and Password:
You are solely responsible for maintaining the confidentiality of the password and your account including for all activities, acts or omission that occur through the use of your password and account.
You agree to notify Us immediately if you become aware of any unauthorized use of your password and account at email@example.com
You will ensure and agree that you will not assign or transfer or share your password and account with anyone and if found so We reserve the right to immediately terminate your account without any notice to you.
You agree to let us use your Organization’s name and logo in the customer list and at other places on the website, including but not limited to www.ecplusdesign.com
Payments and Subscriptions:
The Service is available under subscription plans of various durations. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Account and will cover the use of that service for a monthly or annual subscription period as indicated. Your subscription will automatically be renewed at the end of each subscription period unless you inform us you wish to cancel your subscription. At the time of automatic renewal, the subscription fee will be charged to the payment method last specified by you. We provide the option of changing these payment details if needed. All payments of Fees due hereunder shall be made in U.S. Dollars. No refunds will be given for use of the Software and/or Services for partial periods to the extent that any of the Software and/or Services are purchased by you on a monthly and/or annual basis.
All Service upgrades or addition of new features are effective immediately while downgrades are effective as of next renewable date. We may change the prices of the plans or the plans and/or provide an upgrade Service or feature at any time in which case new prices of the plans or the new plans will be in effect as of next billing cycle.
Payments made shall be non-refundable and you will not be entitled for any refund for partially used period of the Service.
The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or expired card or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date.
We offer a grace period of 3 days from the date of monthly subscription renewal, and 15 days from the date of annual recurring plans. This is offered to protect users who may have forgotten to cancel their subscription of service, or who have stopped using the service.
Accountability of users:
You or COMPANY in the event of purchase for bulk users which acknowledge that the Fee is set in accordance with the maximum number of unique user accounts provisioned to access the Service for your account during the subscription period.
We will monitor the number of users to whom you have granted access to the Service. Should you exceed the maximum number of Users that you’ve paid for, we reserve the right from time to time to issue an invoice for these additional users at the same terms as the existing users and/or cap the number of users that may access your account.
All taxes what so ever applicable at the time of billing would be charged extra in addition to the price of the plan.
You may discontinue the use of your account at any time but by giving a notice of discontinuation atleast 7 days in advance before the start of next billing cycle. You are solely responsible for properly canceling your account. All of your information will be immediately deleted from the Service upon your cancellation.
You acknowledge and agree that We may, in our sole discretion, at any time terminate or suspend your access to all or part of the Service with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account.
Upon termination or suspension of your account, regardless of the reason therefore, your right to use the Service immediately ceases and you acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. We will not be liable to you or any third party for any claims of damages arising out of any cancellation, termination or suspension.
Sample Files and Applications:
HAPVAS/ECPlus Design may provide sample files with default values 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. HAPVAS/ECPlus Design makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Communications from HAPVAS:
The Service may include certain communications from HAPVAS/ECPlus Design, 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.
Disclaimer of Warranties or Representations:
You understand and agree that Service is provided on 'as is' and 'as available' basis without warranty of any kind. Your access to and use of the Service is at your own risk. We expressly disclaim all warranties of any kind, express or implied, included but not limited to the implied warranties of merchantability or fitness for a particular purpose or the warranty of non-infringement. Without limiting the foregoing, we make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, security or reliability, technical or other mistakes, inaccuracies of the Service. Neither We make any warranty that the Service will be error free, free of viruses or other harmful components or that access thereto will be continuous or uninterrupted.
We will not be responsible or liable for any harm to your computer system, loss of data or any other harm that results from your access to or use of the Service. No advice or information, whether oral or written, contained in the Service or obtained from Us or Our employees or Our representatives, shall create any warranty not expressly stated in the Terms. You understand and agree that you will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use the Service remains with you.
We may make changes to the Service, including but not limiting to the prices, the plans and description of features listed herein, at any time without notice.
Limitations of Liability:
You agree that We or Our affiliates shall, in no event, be liable to you or any third party for any consequential, incidental, indirect, punitive, special or other loss or damage of any kind whatsoever or loss of business or business information, profits, any type of interruptions, computer failure or any other type or kind of loss arising out of or in connection with the use of the Service even if We have been advised of the possibility of such damage.
You acknowledge and agree that your sole and exclusive remedy of any dispute with Us related to any of the Service shall be to discontinue of the Service. In no event Our entire liability to you in respect of any Service, whether direct or indirect shall exceed the fees paid by you towards the last billing cycle of the such Service.
You must not license, sub-license, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way. Modification or make derivative works based upon the Service is not allowed. Creation of Internet “links” to the Service or “frame” or “mirror” on any other server or wireless or Internet-based device is not allowed.
To the maximum extent permitted by law, in no event shall be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date, even if HAPVAS has been advised of the possibility of such damages.
Additionally, we expressly disclaim any express or implied warranty of fitness, or liabilities arising from the use of the Service for nuclear, space, aviation, or other high risk activities that require fail-safe performance.
To the maximum extent permitted by applicable law, the aggregate liability of HAPVAS and its affiliates, officers, employees, agents, suppliers or licensees, relating to the services will be limited to the amount equal to your subscription term fee. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Some jurisdictions do not allow the limitation of incidental, consequential or other damages. In such an event this limitation will not apply to you to the extent prohibited by law.
You agree to indemnify, hold harmless and defend HAPVAS Technologies Pvt. Ltd., its directors, shareholders, investors, contractors, subsidiaries, licensees, owners, proprietor, officers, employees, advertisers, suppliers and agents from and against any third party claim arising from or in any way related to your use or misuse of Service, violation of the Terms or any other actions connected with the use of Service, including any liability or expense arising from all claims, losses, damages ( actual and consequential ),judgments, suits, fine and expenses including attorney’s fees and cost.
The Service, which includes but is not limited to all intellectual property rights in the Service, will always be the property of HAPVAS Technologies Pvt. Ltd. You will use the Service subject to the Terms. Unauthorized use of the Service or resale of the Service without our prior written consent is prohibited. You will not, nor will you, allow any third party to do reverse engineering or modify or create derivatives of the Service using any method possible in any way.
Except for the licenses granted by us to you to use the Service, you have no right, title or interest in or to the Service. You acknowledge and agree that we own all rights, title and interest in and to the Service.
Inactive User Accounts Policy:
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 30 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 backup of your data by email. 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.
Suspension and Termination:
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 firstname.lastname@example.org 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. 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. Termination of user account will include denial of access to all Services, deletion of information in your user accounts such as your e-mail address and password and deletion of all data in your user account.
Governing Law and Jurisdiction:
This Agreement is governed by the laws of the Republic of India, without regard to principles of conflicts of laws. You agree that any dispute between the parties arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall be submitted exclusively to the competent courts located in Chennai, Tamil Nadu, India to the exclusion of any other court that may have jurisdiction in the matter and you consent to exclusive jurisdiction and venue in such courts.
© HAPVAS Technologies Private Limited / ECPlus Design. All rights are reserved.
Any act of copying or reproducing wholly or in part, for any purpose without the permission of HAPVAS Technologies Pvt. Ltd./ECPlus Design is strictly prohibited and shall be deemed to be copyright infringement.
Revised November 16, 2020