These Terms and Conditions contain important limitations of liability and disclaimers. By using KELZIX services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree, do not use our services.
In these Terms and Conditions:
KELZIX provides temperature monitoring tools, data logging, and compliance reporting services. KELZIX is a monitoring tool and not a guarantee of regulatory compliance, product safety, or quality assurance.The Services are designed to assist your organization in monitoring cold chain conditions; they do not replace your organization's responsibility for compliance with applicable regulations.
KELZIX does not guarantee that use of our Services will result in regulatory compliance with CDSCO, WHO, FDA, EU GDP, or any other regulatory standards. Compliance with applicable laws and regulations is solely the responsibility of the Client. KELZIX reports and data are tools to assist compliance efforts and should be used in conjunction with your organization's quality management systems and regulatory expertise.
KELZIX monitors environmental conditions but does not guarantee the safety, efficacy, or quality of any products stored in monitored areas. Decisions regarding product disposition, release, quarantine, or destruction are solely the responsibility of the Client and must be made by qualified personnel in accordance with applicable regulations.
All Hardware provided under the Services remains the property of KELZIX throughout the service period and thereafter. The Client is granted a license to use the Hardware solely for the purpose of receiving the Services. The Client shall not sell, lease, mortgage, or otherwise dispose of or encumber the Hardware.
The Client shall:
The Client is responsible for Hardware while at their premises. Damage or loss due to mishandling, negligence, improper storage conditions, power issues, water damage, fire, theft, vandalism, unauthorized modifications, or any other cause attributable to the Client or conditions at the Client's premises shall be charged to the Client at replacement cost plus applicable service charges.
KELZIX shall provide scheduled maintenance and calibration as per the service plan. The accuracy of sensors is maintained through calibration; however, accuracy may be affected by installation conditions, environmental factors, and other variables beyond KELZIX's control. Calibration certificates are provided for documentation purposes.
THE FOLLOWING LIMITATIONS ARE FUNDAMENTAL TO THIS AGREEMENT. PLEASE READ CAREFULLY.
UNDER NO CIRCUMSTANCES SHALL KELZIX BE LIABLE FOR:
KELZIX shall not be liable for any damages arising from:
KELZIX shall not be liable for any damages arising from:
IN NO EVENT SHALL KELZIX'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO KELZIX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.This limitation applies regardless of the legal theory under which liability is asserted.
The Client acknowledges that:
The Client shall indemnify, defend, and hold harmless KELZIX, its directors, officers, employees, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:
KELZIX aims to provide reliable Services but does not guarantee uninterrupted availability. Scheduled maintenance, emergency repairs, and factors beyond KELZIX's control may cause service interruptions. KELZIX shall not be liable for any losses resulting from service unavailability.
The Client may terminate Services by providing written notice as per the service agreement. Early termination may attract charges as specified in the agreement.
KELZIX may terminate or suspend Services immediately upon:
Upon termination, the Client shall return all Hardware in working condition within 15 days. Data export requests must be made before termination. KELZIX's liability limitations survive termination.
All intellectual property rights in the Platform, Software, reports, and documentation remain with KELZIX. The Client is granted a limited, non-exclusive license to use the Platform during the service period. Unauthorized copying, modification, or distribution is prohibited and may attract penalties under the Information Technology Act, 2000 and Copyright Act, 1957.
Both parties shall maintain confidentiality of proprietary information. KELZIX shall not disclose Client data except as required by law or as specified in the Privacy Policy.
These Terms shall be governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in India. The parties agree to attempt amicable resolution before initiating legal proceedings.
Any dispute arising out of these Terms shall first be attempted to be resolved through negotiation. If unresolved within 30 days, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English by a sole arbitrator mutually appointed by the parties.
KELZIX reserves the right to modify these Terms at any time. Changes will be notified via email or Platform notification. Continued use of Services after notification constitutes acceptance of modified Terms.
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in effect.
These Terms, together with the Privacy Policy and any service agreement, constitute the entire agreement between the parties regarding the Services.
For questions regarding these Terms and Conditions:
KELZIX Cold Chain Solutions
India
Email: [email protected]
Phone: +91-9747668446
Acknowledgment: By using KELZIX services, you confirm that you have read, understood, and agree to these Terms and Conditions. If you are entering into this agreement on behalf of an organization, you confirm that you have the authority to bind the organization to these Terms.