Terms & Conditions – Users

“Company” means Enerpize Inc a corporation duly registered and incorporated in accordance with the laws of the State of Delaware, United States of America.

“Services” means the services sold through the website with address https://www.enerpize.com, which services are providing a digital web-based platform, which provides systems for businesses to manage their employees, customer relationships, inventory, accounting, sales, point of sales and operations.

“These Terms” means the terms and conditions of use contained herein.

“User” “you” or “you” means the person, natural person or legal entity, who makes use of the Services.

“User Accounts” means the account that you will be required to open when registering for use of the Services, which account shall contain personal information, including, but not limited to your full legal name, contact details, payment information and so on of each user of the Service registered on such account.

“ Subscription Period” means any period offered by the Company for access to the Services, against payment thereof, including, but not limited to annual, half yearly, quarterly or monthly.

These Terms govern the access or use by you, an individual, sole proprietorship, partnership, commercial entity, non profit organization, company or incorporation, and their respective equivalents from within any country in the world, where the Service is made available by the Company.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and The Company. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. The Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

The Company may amend the Terms related to the Services from time to time. Amendments will be effective upon The Company’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in The Company’s Privacy Policy located at https://legal.enerpize.com/enerpize-privacy-policy. The Company may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict and such information or data is necessary to resolve the complaint, dispute or conflict.

In order to access the Services, you will be required to create a free User Account, and make payment in accordance with the Service, or any portion thereof you have been granted access to, and invoiced for by the Company if applicable, free of any set off, deduction, and, inclusive of any applicable taxes.

As at the date of these Terms payment may be made in the following methods credit or debit cards (VISA, Mastercard, Amex), Paypal and Stripe.

Third Party Access: dependent on your payment method, payments may be facilitated with third parties that the Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. The Company does not endorse such third party services and content and in no event shall it be responsible or liable for any products or services of such providers. These third parties are not parties to this contract and are not responsible for the provision or support of the Services in any manner, accordingly, and without any limitation to any other provision of these Terms, the Company shall be indemnified and held harmless against any loss or damage occasioned from the use of such services, to the full extent of any applicable law.

You further agree that by using the Services the third parties made reference to under Paragraph 3.3 may be granted access to all relevant information contained in your User Account, for the purposes of facilitating any payment. Should you not consent to making such information available as required herein, then you shall not be granted access to the Services.

Each additional User on any User Account shall be charged separately in accordance with the pricing related to additional users at the time the subscription is purchased.

The Subscription Period shall automatically renew for the same period in which it was initially purchased.

Should you wish to opt out of access to the Services with the Company at the end of the Subscription Period, then you may do so subject to the Company receiving written notice within 30 days prior to the expiration of the Subscription Period.

Subject to your compliance with these Terms, The Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Services on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by The Company and The Company’s licensors.

Restrictions: You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by The Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Ownership: The Services and all rights therein are and shall remain The Company’s property or the property of The Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner The Company’s company names, logos, product and service names, trademarks or services marks or those of The Company’s licensors.

User Accounts: In order to use most aspects of the Services, you must register for and maintain an active User Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain a User Account. User Account registration requires you to submit to The Company certain personal information, such as your name, address, mobile phone number and age, as well as at one valid payment method, where the Company charges for access to the Service as referred to under paragraph 3 above. You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or The Company’s termination of these Terms with you. You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times.

Conduct and Restrictions: The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your User Account, and you may not allow persons under the age of 18 to request the Services . You may not assign or otherwise transfer your User Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

Warranty of Authority: Where the User Account is for a legal entity then the party agreeing to these Terms warrant that they are possessed of the necessary rights, power and authority to legally bind the legal entity to these terms.

Personal information collected, uploaded and stored through the Service is governed by the Company’s Privacy Policy, the terms of which can be located here https://legal.enerpize.com/enerpize-privacy-policy

The Privacy Policy also encompasses your right to opt out of any communications from the Company related to marketing and newsletters, however, it excludes the right to opt out of administrative messages and service announcements

Your User Account may be restricted, or terminated, without any further notice, on the following bases:

The User shall be entitled to cancel the Service within 7 days from date of acceptance of these Terms in respect to a monthly Subscription Period.

Should these Terms be cancelled, for any reason whatsoever, including for the reasons as set out in this Paragraph 8, or the User failing to access or use the Services then the User shall not be entitled to any reimbursement or refund, in whole or in part for the Services.

The Company will not be held liable for any loss, damage or misuse of the personal information of the Users due to Force Majeure. A “Force Majeure Event” for the purposes of these Terms shall mean any event that is beyond reasonable control of The Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer viruses breach of security and encryption or any other cause beyond the control of The Company.

DISCLAIMER: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY: THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TRADESMAN, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.

INDEMNITY: You agree to indemnify and hold The Company and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party, including those made reference to under paragraph 3.3. above.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The State of Delaware. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Giza, Egypt, The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Claims of Copyright Infringement: Claims of copyright infringement should be sent to The Company’s designated address. Please visit The Company’s web page at https://legal.enerpize.com for the designated address and additional information.

Notice: The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to The Company by written communication to The Company’s address written at the contact us page.

General: