Zorg Industries Hosted Web & Mobile Applications.

Terms and Conditions.

 

By logging into this web & mobile application portal, the user hereby agrees to the following terms and conditions under which this web/mobile application service is provided.

Zorg Industries  will host certain web and mobile software applications for Subscriber’s business or personal use of environmental parameter monitoring for Residential, fleet or asset tracking/monitoring and /or Industrial, Logistics, Cold chain Logistics, Telecom and Energy monitoring activities (“Service”).

The terms and conditions detailed below specifically pertain to Nimble’s web and mobile applications as listed below:

“IRIS” family of Web & Mobile applications used for location tracking and monitoring of environmental parameters such as temperature, pressure and other parameters as supported from time to time for use in applications including but not limited to Commercial /personal Shipments /Packages /Vehicles /Recreational vehicles /Motor homes /Vacation homes.

“Solaris” Web & Mobile applications for use in applications including but not limited to Energy Monitoring of commercial, Industrial and telecom sites/factories and plants.

“IRIS-Sensors” family of Web & Mobile applications for use in applications including but not limited to Environmental parameter monitoring such Temperature, pressure and other parameters as supported from time to time.

ZORG INDUSTRIES will provide remote access of these web and mobile applications to the Subscriber through secure username and password

When you use a location-enabled GPS application such as the IRIS Web & Mobile applications, we collect and process information about the actual physical location of the asset to which the tracking device associated with this application is connected or attached to, using GPS and/or cellular signals received by the tracking device and sent over the internet to the application server hosting the IRIS application. ZORG INDUSTRIES devices may also use various other technologies to determine location, such as sensor data from the device that may, for example, provide information on accessories/devices connected to the tracking device or a nearby Wi-Fi access points and cell towers. The location data information of your asset, to which the tracking device is attached, is stored in our servers and is being used only for the sole purposes of providing the tracking application for your use and/or performance optimization of our applications. Such location and other sensor data from the device is protected against un-authorized use and will not be disclosed to third parties except as required by law enforcement authorities.

Warranty and Replacement

All ZORG INDUSTRIES devices come with a 1-year limited warranty. Any physical damages to the device or accessory will violate the warranty.

The warranty is calculated from the date of delivery of the device

Customers are responsible for return shipments

Warranty replacement will be authorized only after troubleshooting by the support team

Replacement devices – Can be a new or pre-owned device

Replacement devices will be sent only after the current device is found to be faulty

ZORG INDUSTRIES Devices come with a 7-day refund policy.

From the date of delivery – ZORG INDUSTRIES Devices can be sent back for a full refund for up to 7 days beyond which no refunds will be accepted.

Customers will be responsible for the return shipping.

Any data and subscription charge consumed during the 7 day period will be pro-rated and reduced from the refund amount.

ZORG INDUSTRIES will refund the money only on RMA authorization by the support team

Refunds will be initiated only after the device is found to be damage free by the ZORG INDUSTRIES support team

Any physical damage to the device will forfeit the refund

Subject to the terms and conditions of this Agreement, ZORG INDUSTRIES shall use commercially reasonable efforts to provide services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. Subscriber agrees that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction; (ii) periodic maintenance procedures or repairs that ZORG INDUSTRIES may undertake from time to time; or (iii) causes beyond the control of ZORG INDUSTRIES or that are not reasonably foreseeable by ZORG INDUSTRIES, including without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Subscriber further agrees that the availability of the Service or hosted application may be interrupted during periods of time during which ZORG INDUSTRIES has scheduled upgrades to the Services and or web server. ZORG INDUSTRIES will make every effort to inform in writing or by electronic mail to Subscriber of such interruption in service prior to such interruption. However, it is expressly clarified that ZORG INDUSTRIES shall not be responsible for any interruption in the Service due to the reasons mentioned herein above.

ZORG INDUSTRIES may modify the terms of Service upon notice to Subscriber at any time. Subscriber will be provided notice of any such modification by electronic mail. Subscriber may terminate use of the Services if the terms are modified in a manner that substantially affects Subscriber’s rights in connection with use of the Services. Subscriber’s continued use of the Service after notice of any change to the Terms will be deemed to be Subscriber’s agreement to the amended terms of Service and the Subscriber shall be required to pay for such continued Service.

Subscriber is responsible for maintaining confidentiality of subscriber’s username, password and other sensitive information. Subscriber is responsible for all activities that occur in Subscriber’s user account and Subscriber agrees to inform ZORG INDUSTRIES immediately of any unauthorized use of Subscriber’s user account by email or by calling ZORG. ZORG INDUSTRIES is not responsible for any loss or damage to Subscriber’s or any third party incurred as a result of any unauthorized access and/or use of Subscriber’s user account, or otherwise.

5.1 Cookies

Cookies are pieces of data that are often created when a user visits a website/mobile application, and which are stored in a cookie folder on the user’s computer/smart device. One or more cookies maybe created when accessing the ZORG INDUSTRIES IRIS website or mobile application. The cookie provides functionality by storing subscriber preferences while the user navigates around the site. This cookie is automatically deleted shortly after the user logs out of the site or the session is timed out. The cookie does not contain any personal information about the subscriber, and it cannot be used to identify an individual user. The user may choose to set the browser to not accept cookies but this may limit some features of the IRIS web or mobile application.

IRIS also automatically collects information including but not limited to IP address, about Subscriber’s visit to its site. This information is used to make subscriber’s visit to IRIS site more efficient, and to help remember browsing preferences on IRIS site so as to make regular improvements.

5.2 Changes to this Privacy Policy

Any changes to Privacy and/or Data Retention Policy that affect how subscribe data is handled, will be communicated by ZORG INDUSTRIES by email to the subscriber and updated in the terms and conditions.

Financial terms and conditions under which this web/mobile application portal service is provided is as per the terms of the web services agreement entered into between the Subscriber and ZORG INDUSTRIES or as provided during the time of the ordering of the service over phone or online store.

Subscriber represents and warrants that:

It shall use the web Service solely in accordance with these terms and conditions.

It will not, directly or indirectly, disassembles, de-compile, reverse engineer, translate, or otherwise copy the Service or its components for any purpose.

It will use the services provided by us, for lawful purposes only and comply with all applicable laws and regulations while using the Service.

It will provide authentic and true information in all instances where such information is requested of it. ZORG INDUSTRIES reserves the right to confirm and validate the information and other details provided by the Subscriber at any point of time. If upon confirmation the Subscriber’s details are found not to be true (wholly or partly), ZORG INDUSTRIES has the right in its sole discretion to reject the registration and debar the Subscriber from using the Services and / or other affiliated websites without prior intimation whatsoever.

It is accessing the Services at its sole risk and is using its best and prudent judgment.

It may not use the mobile application or website or Service for any of the following purposes:

  1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorized access to other computer systems.

  1. Interfering with any other person’s use or enjoyment of the Site.
  2. Breaching any applicable laws;
  3. Interfering or disrupting networks or web sites connected to the Site.

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Subscriber retains any copyrights on any content created by the Subscriber, such as logos on banners or images. Subscriber warrants to ZORG INDUSTRIES that any Subscriber content is original and subscriber is the sole author or the Subscriber has the full power and/or license to make this arrangement and publish this content on the Internet. Subscriber indemnifies ZORG INDUSTRIES against any losses and other expenses, including reasonable attorney’s fees, after final judgment of any claim or action against any of all of these warranties.

All ZORG INDUSTRIES libraries, source code, distributable files, and other files remain NIMBLE’s exclusive property. Regardless of any modifications that Subscriber or ZORG INDUSTRIES makes, Subscriber may not distribute, amend, modify, decompile, reverse engineer or otherwise change any files (particularly ZORG’s source code and other non-executable files) except those that ZORG INDUSTRIES has expressly designated as distributable files.

Any additional features or capabilities, cosmetic changes to any User Interface, or additions to the codebase, database, or any files associated with any of NIMBLE’s applications remain the exclusive property of ZORG INDUSTRIES regardless of origin of the concept of the additional features or capabilities.

Subscriber shall not assign this Agreement or any right or interest under this Agreement, or delegate any obligation to be performed under this Agreement without ZORG INDUSTRIES’s prior written consent. Any attempted assignment in contravention of this Section shall be voidable at ZORG INDUSTRIES’s discretion.

Subscriber represents and warrants that it shall not 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 that which infringes or may infringe intellectual property or other rights of another. Subscriber agrees not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. ZORG INDUSTRIES reserves the right to terminate access to the Services if there are reasonable grounds to believe that Subscriber has used the Services for any illegal or unauthorized activity. Subscriber is further prohibited from violating or attempting to violate the security of the website/server, including, without limitation, (a) accessing data not intended for the Subscriber or logging onto a server or an account which the Subscriber is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the website/server, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ZORG INDUSTRIES may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Subscriber agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Services / website or any activity being conducted on this website. The Subscriber agrees, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) any part of the Service or the website.