At e-Sense we respect your need for online privacy and protect any information that you may share with us, in an appropriate manner. Our practice as regards use of your information is as set forth below. As a condition to use of our services, you consent to the terms of the e-Sense Privacy Policy as it may be updated from time to time.
We collect the e-mail addresses and certain personally identifiable information of those who communicate with us via e-mail or register with us to open an “Account”. We also collect certain aggregate information regarding which pages users access or visit, and information volunteered by the users (such as any surveys e-Sense might conduct and/or site registrations). When you register on the GearApp Site we ask for the basic information such as your name, email address, direct phone, company name and company size. Users using our paid services may be required to enter their name, billing address and/or credit card. e-Sense may also collect and analyze from visitors and users certain information regarding the use of the GearApp Site and services available therein. Information collected may include but is not limited to web site traffic volume, frequency of visits, type and time of transactions, type of browser and operating system, etc.
The information that we collect is used for for the purpose for which you originally sent us the data (e.g., to provide information to you or sign you up for a free trial); and for purposes of contacting you to further discuss your interest in our company, the services we provide and ways we can improve them to provide information on services, promotions and events. You can opt out of receiving marketing emails as explained below. Further, the infomration may be used for administering, protecting and improving our site and our systems, to better understand the preferences of our site visitors, to identify server problems, to compile aggregated statistics about site usage, and to help personalize your experience on our site.
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive. Local shared objects, sometimes referred to as "Flash cookies," are data files that can be created on your computer by the sites you visit. Cookies and/or Local Shared Objects may be required to use the GearApp Site. We use cookies and/or local shared objects to assist in delivering the Service and to provide a positive and personalized user experience. If you have your browser set to reject cookies or local shared objects, your usage of the Service and GearApp Site is likely to be interrupted.
We are not in the business of selling or renting your information to telemarketers and we do not share your personally identifiable information with others, except as follows: We freely share your information within the e-Sense group of companies. We also may share information with trusted business partners, such as system integrators, distributors, and referral partners and any other party specifically identified on the page on which you submit your information. We engage agents and service providers who process data only on our behalf and for our purposes under confidentiality agreements. We may share your information as required by law or in the interest of protecting or exercising our or others' legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Also, we reserve the right to fully use and disclose any information that is not in personally identifiable form (such as statistics and survey results that do not identify you individually by name).
In connection with promotions or other projects, we may ask you specifically whether you have objections against a certain kind of data use or sharing. If you opt-out under such circumstances, we will respect your decision. To opt out of receiving commercial communications from e-Sense, please click on the "opt-out" link in the communication or, please contact us at support@gearapp.com. Please note that our affiliates and other data recipients have their own data privacy policies, which may differ from ours and you would have to contact them separately with respect to opt-out requests.
e-Sense has implemented processes intended to protect user information and maintain security of data. Each Account holder is assigned a unique user name and password, which is required to access their Account. It is each user's responsibility to protect the security of his or her login information. We have attempted to protect the e-Sense's servers by locating them areas with security procedures, using of firewalls and implementing other generally available security technologies. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but NO GUARANTY CAN BE MADE THAT YOUR INFORMATION AND DATA WILL BE SECURE FROM INTRUSIONS AND UNAUTHORIZED RELEASE TO THIRD PARTIES.
If you choose to cancel your Account and leave the GearApp Service or your Account is terminated because of your breach of the Terms of Service, please be aware that e-Sense may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as reasonably practical.
When you use the GearApp Site, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. You may update your Account information by logging into your Account. When requests come to e-Sense with regard to personal information, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
e-Sense does not collect Personal Information from users who are under 13 years of age. Since it is necessary to provide Personal Information for creating a GearApp Account, we do not provide our services to persons below 13 years of age.
Some pages of our websites contain external links. You are advised to verify the privacy practices of such other websites. We are not responsible for the manner of use or misuse of information made available by you at such other websites. We encourage you not to provide Personal Information, without assuring yourselves of the privacy policy of other websites.
e-Sense may periodically update this policy. We reserve the right to change, modify, add or remove portions of this statement from time to time and in our sole discretion, but will alert you that changes have been made by indicating on the statement the date it was last updated. When you visit the site, you are accepting the current version of this statement as posted on the site at that time. We recommend that users revisit this statement on occasion to learn of any changes.
Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this statement. You may send us an e-mail at support@gearapp.com or write to us e-Sense Limited, 310 C Enterprise Place, No. 5 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong or phone us (852) 36950177.
PLEASE READ THE FOLLOWING TERMS OF SERVICE (the “TERMS”) CAREFULLY BEFORE USING ANY GearApp SERVICE. THE USE OF ANY GearApp SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
In order to open an “Account” on the GearApp Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by e-Sense during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. e-Sense cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if e-Sense has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, e-Sense may terminate your Account and refuse current or future use of any or all of the Services. You are also responsible for all content that you may post on the GearApp Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to e-Sense's Privacy Policy (Link to Privacy Policy).
We provide an list of services to strealine day-to-day business collaboration and management including customer relationship management, order management, human resourcement management, file sharing and more pack services produced by either e-Sense or our certified partners (the "Service" and "Services"). You may connect to the Services using any Internet browser. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services. You may create, edit, publish and share the contents of your GearApp accounts.
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Services as commercial service. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that e-Sense will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
e-Sense hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the GearApp Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the GearApp Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the GearApp Site. All rights not expressly granted to you are reserved by e-Sense and its licensors. You shall not (i) modify or make derivative works based upon the GearApp Site; (ii) reverse engineer or access the GearApp Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the GearApp Site, or (c) copy any features, functions or graphics of the GearApp Site. You further acknowledge and agree that, as between the parties, e-Sense owns all right, title, and interest in and to the GearApp Site, including all intellectual property rights therein.
You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the GearApp Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify e-Sense immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to e-Sense immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamative, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the Admin link in GeapApp or writing e-Sense a letter to the following address: 310C, Enterprise Plance, No. 5 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong Either way will notify e-Sense to process your cancellation request withinn three business days. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The deactivation or deletion of your Account means the deactivation or deletion of all information in your Account, including Users, Workflow and any Admin information, and your data. This information cannot be recovered from e-Sense once your account is cancelled. Please be aware that e-Sense may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
e-Sense reserves the right to terminate unpaid accounts that are inactive for a continuous period of 120 days. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Infinity Box reserves the right to terminate any free Accounts that or is not logged into for 90 days, or any paid Accounts that subscription fee is not settled for more than 90 days. e-Sense, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case e-Sense may refuse to provide you any current or future use of the GearApp Site, or any other e-Sense Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from e-Sense once your account is terminated; however e-Sense may for a time retain residual information in our backup and/or archival copies of our database. e-Sense reserves the right to refuse service to anyone for any reason at any time.
Upon request by you made within 30 days after the effective date of cancellation or termination of paid accounts, e-Sense will make available to you for download files of your Data in comma separated value (.csv) format along with attachments in their native format. After such 30-day period, e-Sense shall have no obligation to maintain or provide any of your data and shall thereafter, unless legally prohibited, delete all of your data in e-Sense's systems or otherwise in e-Sense's possession or under e-Sense's control. Payment upon Cancellation or Termination Cancellation or Termination will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period. User Generated Content You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in the such manner. Further, by making any content available in the manner aforementioned, you expressly agree that e-Sense will have the right to block access to or remove such content made available by you, if e-Sense receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by e-Sense for this purpose.
e-Sense reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. e-Sense may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that e-Sense has no obligation to pre-screen or monitor your access to or use of the GearApp Site or any information, materials or other content provided or made available through the GearApp Site, but has the right to do so. You hereby agree that e-Sense may, in the exercise of e-Sense's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
e-Sense reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the GearApp Site and Service (or any part thereof) with or without notice. Prices of all GearApp Sites, including but not limited to monthly subscription plan fees to the GearApp Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the GearApp Site. e-Sense shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the GearApp Site. e-Sense reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current GearApp Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the GearApp Site after any such changes shall constitute your consent to such changes.
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE GearApp SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. e-Sense AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. e-Sense AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. INIFI e-Sense S NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE GearApp SITE WILL BE CORRECTED. e-Sense AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. e-Sense AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE e-Sense's SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE GearApp SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE GearApp SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT. Technical support is only provided to paying account holders and is only available via GearApp or email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL e-Sense OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR GearApp SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF e-Sense OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR GearApp SITE, FROM INABILITY TO USE THE SERVICES OR GearApp SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR GearApp SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR GearApp SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE e-Sense's SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, under no circumstances shall e-Sense or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Customers may access their GearApp Site Account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the GearApp Site, is bound by these Terms of Service plus the following specific terms: You expressly understand and agree that e-Sense shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if e-Sense has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. Abuse or excessively frequent requests to e-Sense via the API may result in the temporary or permanent suspension of your account's access to the API. e-Sense, in its sole discretion, will determine abuse or excessive usage of the API. e-Sense will make a reasonable attempt via email to warn the account owner prior to suspension. e-Sense reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice