The Terms of Service ("Terms"), which can also be referred to as User Agreement, govern your access to and use of the services, including our sub-domains, various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms, as updated from time to time. By accessing or using the Services you agree to be strictly bound by the following Terms. We are not responsible for anything that you post on C2C-OMS site and we do not monitor the content of the site as content you post is owned by you; but if we do see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it without any prior notice.
You agree that by registering on C2C-OMS, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the C2C-OMS services (collectively "C2C-OMS" or the "Services"), you are entering into a legally binding agreement with Niyasys Technologies Private Limited. If you are using C2C-OMS on behalf of a company or other legal entity, you are individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become an C2C-OMS user, do not accept the Agreement and do not access, view, download or otherwise use any C2C-OMS webpage, information or services. By clicking "Sign Up", you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
We built C2C-OMS to help Organizations realize Empowerment and Accountability in their corporate culture. To achieve this purpose, we expect and encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. If anyone notices that a specific User has violated copyrights, you can bring it to the notice of our customer support, which would take it forward.
You should carefully read full our Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of all information you submit to us. Please note that certain information, statements, data, and content (such as photographs, videos) which you may submit to C2C-OMS might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
You own the information you provide C2C-OMS under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant C2C-OMS a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to C2C-OMS, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to C2C-OMS, without any further consent, notice and/or compensation to you or to any third parties.
By providing information to us, you represent and warrant that you are entitled to submit that information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. Also, it is your responsibility to keep your C2C-OMS profile information accurate and updated.
C2C-OMS gives you a personal and enterprise , worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by C2C-OMS as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by C2C-OMS, in the manner permitted by these Terms.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:
You agree to:
You are responsible for safeguarding the password that you use to access the Services. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. C2C-OMS cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact C2C-OMS customer support.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree to C2C-OMS storing your payment card information. You also agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services by contacting our customer support. You also acknowledge that our Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
For purposes of service messages and notices about the Services to you, C2C-OMS may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from C2C-OMS to an email address associated with your account, even if we have other contact information. You also agree that C2C-OMS may communicate with you through your C2C-OMS account or through other means including email, mobile number, telephone, or delivery services including the postal service about your C2C-OMS account or services associated with C2C-OMS. Please review your Settings in web site to control what kind of messages you receive from C2C-OMS. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. At C2C-OMS's discretion, we may send you emails in the form of newsletter, bulletin, message, brochure, marketing collateral containing information and marketing material belonging to C2C-OMS and its customers or affiliates. We will try limiting these emails not more than twelve annually.
We may offer the Services through various Apps built using C2C-OMS platform. C2C-OMS Applications are distinct from third party Platform Applications. If you use an C2C-OMS Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing C2C-OMS plugins that load in your browser may be communicated to us. Further, by importing any of your data through the C2C-OMS Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your C2C-OMS account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing C2C-OMS through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Our site offers various forums such as Groups, Answers, and Updates, where you can post your observations and comments. It also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, recommendations, and other content to their profile and other parts of the site. Users can create Groups, Circles and Company Pages for free, however, we may close or transfer them or remove content from them if the content violates this Agreement or others' intellectual property rights or as per other violations observed by us. Please note that ideas you post and information you share may be seen and used by other Users, and we cannot guarantee that other Users will not use the ideas and information that you share with us. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our site. C2C-OMS IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON OUR SITE.
By submitting ideas, suggestions, documents, and/or proposals (can be referred to as "Contributions") to C2C-OMS through its suggestion or feedback web pages, you acknowledge and agree that:
You must comply with all applicable laws of the country you reside or citizen of and UNO, this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections and C2C-OMS web site.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of C2C-OMS), view information and use the Services that we provide on our web pages and in accordance with this Agreement. Any other use of C2C-OMS contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from C2C-OMS commercially unless expressly authorized by C2C-OMS) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in C2C-OMS and all related items, including any and all copies made of the C2C-OMS website.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of C2C-OMS, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
You are solely responsible for your interactions with other Users. C2C-OMS may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. C2C-OMS reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if C2C-OMS determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
For as long as C2C-OMS continues to offer the Services, we shall provide and seek to update, improve and expand the Services. As a result, we allow you to access C2C-OMS as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue C2C-OMS, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. C2C-OMS further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by C2C-OMS to be contrary to this Agreement. For avoidance of doubt, C2C-OMS has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
You may terminate this Agreement, for any or no reason, at any time, with notice to C2C-OMS. This notice will be effective upon C2C-OMS processing your notice. C2C-OMS may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only C2C-OMS or the party paying for the services may terminate your access to any Premium Services. Termination of your C2C-OMS account includes disabling your access to C2C-OMS and may also bar you from any future use of C2C-OMS.
C2C-OMS may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the C2C-OMS messaging services; creating multiple or false profiles; using the Services commercially without C2C-OMS's authorization, infringing any intellectual property rights, violating any section of this Agreement, or any other behavior that C2C-OMS, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, C2C-OMS has adopted a policy of terminating accounts of Users who, in C2C-OMS's sole discretion, are deemed to be repeat infringers.
Upon the termination of your C2C-OMS account, you lose access to the Services.
You indemnify us (including our engineers, officers, directors, employees, agents, representatives and licensors) and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable lawyer or attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to the Services, and (c) any activity in which you engage on or through C2C-OMS.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON C2C-OMS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR C2C-OMS AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. C2C-OMS DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY C2C-OMS OR ANYTHING RELATED TO C2C-OMS, YOU MAY CLOSE YOUR C2C-OMS ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. C2C-OMS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH C2C-OMS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. C2C-OMS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, C2C-OMS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. C2C-OMS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. C2C-OMS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, C2C-OMS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE C2C-OMS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither C2C-OMS nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("C2C-OMS Affiliates") shall be cumulatively liable for (a) any damages in excess of the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is smaller, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from C2C-OMS. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different.
This limitation of liability shall:
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other C2C-OMS services, third-party content or third party software.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.orders2cash.com or notifying you otherwise. For example, C2C-OMS may present a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any C2C-OMS Affiliate shall be deemed legally binding on any C2C-OMS Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of C2C-OMS.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Niyasys for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law, of the country you reside, other than those enumerated here.