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Terms and Condition

Introduction:

These Terms of Use and Service (referred to as "Terms") govern your use of the website located at www.PromoXcrm.com (referred to as the "Site"), including its mobile optimized version and any mobile apps provided by PromoXcrm CRM (referred to as "PromoXcrm"). By continuing to browse and use this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms, which, together with our Privacy Policy (referred to as the "Policy"), govern the relationship between you and PromoXcrm in relation to the Site and any products and services offered (collectively referred to as the "Services"). These Terms constitute the entire agreement between you and us. If you do not agree to these Terms, please exit the Site or cease using our services.
Throughout these Terms, the terms "us," "ours," or "we" refer to PromoXcrm and/or its parent, subsidiaries, assignees, successors, affiliates, and/or brands. The terms "you," "your," and/or "yourself" refer to you, as a user/visitor/browser of our Site. Your use of this Site is subject to the following Terms:/p>

Service Scope

PromoXcrm is a cloud-based, SaaS (Software as a Service) provider offering customer relationship management (CRM) software and a platform designed for the apparel, decoration, stickers, embroidery, signage, screen printing, and other promotional industries. Our software allows multi-channel retailers like you to manage their business by consolidating quotes, orders, inventory, customer data, accounting, and reporting into a single, reliable CRM system provided through the Site. Our Services aim to streamline your internal processes, optimize productivity, increase customer satisfaction, and generate a substantial return on investment.
To use part or all of our Services, you may need to create a profile and register on our Site. Whether you create a personalized profile or not, we may collect certain personal data and other information from you. We encourage you to review our Policy to understand your rights and obligations regarding the use of such data.
Prohibited Activities You agree not to use or facilitate the use or access of the Site and/or the Service to:

  • Infringes or violates the intellectual property rights of any third party, including trademarks, copyrights, trade secrets, moral rights, ancillary rights, or other rights;
  • Causes or results in the violation of any applicable law or regulation;
  • Exploits the Site in any way other than as specifically sanctioned by us;
  • Encourages conduct that could promote or cause discrimination, racism, hatred, harm, or violence against any individual or group of persons;
  • Threatens minors in any manner;
  • Promotes or encourages illegal, fraudulent, or inappropriate activities (e.g., tobacco, alcohol, firearms, cannabis, gambling, binary options, Forex, adult content);
  • Promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate, or otherwise objectionable.

Remove or modify any watermark, copyright, trademark, or other proprietary rights notice that appears on any image, banner, frame, content, or portion of the Site. Copy, modify, create derivative works of, reverse engineer, decompile, or attempt to extract the source code of the Site or any part thereof. Collect, receive, transfer, or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder.

Account

To use the Site's functionalities, you must register for a user account. Opening an account is free of charge. You are solely responsible for the activity that occurs on your account and for keeping your password secure. We reserve the right to deactivate, freeze, suspend, or terminate your account if you breach these Terms. You must promptly notify Hoops of any changes in your eligibility to use the Site, any security breaches, or unauthorized use of your account.

Fees and Billing

To maintain a valid account on the Site, you may be required to pay monthly fees to PromoXcrm. We may offer a seven (7) day free trial for the Services, after which you will be charged at the prevailing fees. Payment transactions will be processed through PayPal and other authorized payment processors, financial institutions, and/or credit card issuers. PromoXcrm will provide you with the amount of fees due, payment terms, and dates. Once paid, fees are non-refundable. It is your responsibility to choose appropriate subscription lengths and rates and to cancel your automatically renewing subscription in a timely manner.

Payment Processing Systems

We utilize third-party payment processors, such as credit card and/or PayPal, for any purchases made through the Site. These third-party tools will bill you through a payment account linked to your Site account. Payment processing for sellers and buyers will be subject to the fees, terms, conditions, and privacy policies of these third parties. PromoXcrm is not responsible for any errors by the payment processors.

Cancellation

In accordance with the Competition and Consumer Act of 2010, you have the right to cancel your account and/or subscription with PromoXcrm at any time without incurring any cost. To cancel, please provide us with a clear statement indicating your desire to cancel your account and/or subscription on a specific date, including your name, signature, and address. Please notify us before the day of your account/subscription renewal.

Updates

PromoXcrm reserves the right to update, modify, discontinue, suspend, or terminate the Site, the Service, the Terms, and/or the Policy at our sole discretion. Any changes to these Terms will be displayed on the Site, and we may notify you through the Site, email, or SMS. Please refer to the date specified above to determine the effective date of the last changes. By continuing to use the Site after the last effective date of amendment, you indicate your acceptance of any modifications.

Minors

PromoXcrm is committed to protecting the rights of minors and underage persons. We encourage parents, legal guardians, and responsible adults to actively supervise the safe internet usage of minors. By accessing our Site, you represent and warrant that you are at least eighteen (18) years old or older. If you are under the age of eighteen, you must use the Site under the direct supervision of a parent, legal guardian, or responsible adult. Parental control mechanisms are available online to assist in limiting minors' access to potentially harmful material.

License

By using our Site and Services, you grant PromoXcrm an unlimited, non-exclusive, assignable, royalty-free, perpetual, irrevocable, worldwide, and sub-licensable right and license to use, reproduce, adapt, create derivative works from, distribute, and display any content you upload or transfer to the Site. You represent and warrant that you have all the necessary rights, licenses, authorizations, and authority to grant this license, including any required releases from third parties or that your use of the content constitutes fair use.
PromoXcrm grants you a personal, limited, revocable, worldwide, royalty-free, non-assignable, non-commercial, non-sublicensable, and non-exclusive authorization to use the services and/or software provided through the Site. This authorization is solely for the purpose of enabling you to use and receive the services of the Site in accordance with these Terms.

Ownership

All trademarks displayed on our Site are the property of PromoXcrm or are used under license or authorization from the respective owners who may or may not be affiliated with us. Reproduction of the content on the Site without our written authorization is strictly prohibited. You retain ownership of your content, and we retain ownership of our content. We own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with the Site, which are protected by applicable laws.

User Generated Content

PromoXcrm does not pre-screen or regularly review all user-contributed content, but we have the right (though not the obligation) to remove any content posted by users on the Site. We may monitor and edit or remove any activity or content to moderate comments and control user behavior within our Site. By posting, uploading, inputting, or submitting content, you represent and warrant that it does not violate any intellectual property rights, trade secrets, rights of privacy, rights of publicity, moral rights, or other rights of any person or entity.

Spam

We have a zero-tolerance policy for spam activities. You are prohibited from using any information obtained from the Site to engage in unsolicited bulk communication, advertising, email, promotions, spam, or chain letters to our users or any third party. Under the CAN-SPAM Act and the Spam Act of 2003, you may not access the Site to harvest or collect information about our users for any purpose. Any commercial communication you receive from us or our partners will include instructions on how to unsubscribe and stop receiving such communications.

Third-Party Content and Links

Our Site and Services may include hyperlinks to other websites and may display embedded content from third-party providers. We have no responsibility for the content of linked websites, which are governed by their respective privacy policies, terms and conditions, and legal disclaimers.

Advertising, Opt-out

We may support the Site and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content of the Site, and the nature and extent of such advertising may change without prior notice. For information on opting out of certain advertisements, please refer to our Policy.
The Site may offer a newsletter service, which may be provided by us or an authorized third party. By subscribing to our newsletter, you can receive information based on your user preferences. As a user, you will receive a clear communication regarding your subscription and have the option to select the frequency and type of emails you receive. If you wish to unsubscribe, you will find 'unsubscribe' links or similar options in our electronic communications and your account preferences.

No endorsement

The images, texts, posts, photographs, and other media displayed on or through the Site may not always be available, and we cannot control the ultimate results derived from them. Some or all of the images shown on the Site are licensed and/or purchased stock photos used for illustrative purposes. Additionally, some or all of the content displayed on the Site is provided by external third parties and does not reflect Hoops' opinions. PromoXcrm does not guarantee their accuracy or endorse them. Therefore, neither Hoops nor its affiliates, subsidiaries, officers, employees, and agents make any endorsements regarding such content.

Disclaimer of Damages

Your use of our Site is at your own risk. By using the Site and Services, you acknowledge and agree that they are provided "as is," "with all faults," and "as available," including all content, software, materials, services, functions, and information made available.
We shall not be held liable for any damages resulting from your use of any information and/or materials on this Site. It is your responsibility to ensure that any products, services, or information obtained through this Site meet your specific requirements.

PromoXcrm HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO ANY CLAIMS OR INFORMATION REGARDING THE PRODUCTS DISPLAYED ON OUR SITE. THIS INCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER PromoXcrm NOR ITS EMPLOYEES, AFFILIATES, CONTRACTORS, AND/OR AGENTS WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR PRODUCE ANY SPECIFIC RESULTS. WE ALSO MAKE NO WARRANTY THAT ANY INFORMATION, CUSTOMER RELATION MANAGEMENT, ACTIVITY, LIST, INVENTORY, ORDER, QUOTE, CHART, OR REACTION WILL BE CURRENT, VALID, RELIABLE, OR ACCURATE. NO ADVICE OR INFORMATION PROVIDED BY PromoXcrm OR ITS EMPLOYEES, AFFILIATES, CONTRACTORS, AND/OR AGENTS SHALL CREATE A GUARANTEE.

Limitation of Liability

In no event shall PromoXcrm be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, whether based on warranty, contract, tort, or any other legal theory. This includes damages for loss of profits, loss of data, business interruption, virus, worm, computer or software failure, inaccessibility, or any other personal damages or losses, regardless of whether you have been advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law in any applicable jurisdiction. PromoXcrm' maximum cumulative liability to you for any losses or damages arising out of or in connection with your access to the Site and Services shall be limited to: (i) the amount paid, if any, by you to us in connection with the Site and Services during the twelve (12) months prior to the action giving rise to such liability; or (ii) USD$100 (One Hundred United States Dollars), whichever amount is lower.

Indemnity

By using the Site and/or Services, you acknowledge, understand, and agree to indemnify, defend, and hold PromoXcrm, its affiliates, subsidiaries, officers, employees, and agents (including payment of reasonable costs, attorneys' fees, and expert fees) harmless from any claim or demand made by any third party arising from your use of the Site and/or Services, your violation of these Terms, or any infringement of intellectual property or other rights of a third party related to any products or services purchased by you through the Site and/or Services.
Certain jurisdictions may have laws that do not allow limitations on implied warranties or the exclusion or limitation of certain types of damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations of liability mentioned above may not apply to you, and you may have additional rights.

General

Assignment: You may not assign or transfer these Terms without our prior written consent. However, we may assign any rights or obligations under these Terms. Any rights not expressly granted herein are reserved. These terms will benefit any successors of the parties.

Applicable Law, Forum: Your use of the Site and any claims, disputes, and causes of action that may arise between you and us shall be subject to the laws of Jaipur, Rajasthan, India, without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue of the competent courts in the Jaipur, Rajasthan, India, for all disputes related to the use of the Site. The parties hereby waive the application of the United Nations Convention on Contracts for the International Sale of Goods.

Consumer Notice: The Site is provided by PromoXcrm CRM. For inquiries or complaints regarding the Service or Site, please contact our customer service team via email at PromoXcrm or by post at 1-H-165, INDIRA GANDHI NAGAR, JAGATPUTA, Jaipur,Rajasthan, 302017

Exchange Rates: Currency exchange rates displayed on the Site are based on various sources and should be used as reference only. Actual exchange rates may vary depending on the location, bank, credit card, and payment processing systems used by you.

Force Majeure: PromoXcrm will not be liable for any failure to perform its obligations under these Terms due to causes beyond its reasonable control, including mechanical, electronic, or communications failure or degradation.

Headings: The section and paragraph headings in these Terms of Use are for convenience only and will not affect their interpretation.

Injunctive Relief: You acknowledge and agree that any violation or breach of the Terms may cause irreparable harm and damages to PromoXcrm. Therefore, in its sole discretion, PromoXcrm reserves the right to immediately seek preliminary and/or permanent injunctive relief (including temporary restraining orders) for any actual or alleged violation or breach of these Terms, as well as any other remedies available in law or equity. Additionally, PromoXcrm may seek specific performance of any term in these Terms.

No Waiver: Failure by us to enforce any of our rights under these Terms shall not be interpreted as a waiver of any rights, including the right to enforce the same or other rights with respect to the matter.

Notices: Any non-legal notices or communications regarding modifications to these Terms shall be in writing and delivered by written means to the address provided by you. Notices sent by email will be deemed received on the date of transmission.

Relationship: You and PromoXcrm are independent contractors, and these Terms do not create any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship between the parties.

Severability: If any provision of this Agreement is held to be unenforceable, it will be modified to reflect the parties' intention, and all remaining provisions will remain in full force and effect. The failure to exercise any right provided for herein will not be deemed a waiver of any further rights.

Contact: If you have any questions or comments regarding this Policy, please email us at PromoXcrm