This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Dexxion platform, website and related services are made available to you by Gogacon GmbH (“Dexxion/ Gogacon/ “Company”/ “we”/ “us”, including its affiliates and group companies) with its registered address at Reinbeker Strasse 3C, 22145 Stapelfeld. These Terms of Use (“Terms”) may be updated from time to time. For the purpose of these Terms, wherever the context so requires "you", "your" or "User(s)" shall mean any natural or legal person who accesses the Platform or avails any of the DEXXION Services (as defined below) that are offered herein.
These Terms along with the Privacy Policy available at [] and any other conditions available in any section or elsewhere on the Platform (as defined below) and any other terms which may apply to specific services that we offer together with all other notices, disclaimers, guidelines appearing on the Platform from time to time, constitute the legal and binding agreement upon which you are allowed to access and use the Platform and avail the DEXXION Services.
Please read these Terms carefully before using or accessing any material, information or services through the Dexxion platform located at https://portal.dexxion.io and the website located at https://dexxion.com] a integrated platform as a Service (hereafter collectively referred to as “Platform”). BY COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING THE PLATFORM AND DEXXION SERVICES, YOU ACKNOWLEDGE AND AGREE THAT (I) YOU EXPRESSLY CONSENT TO OUR COLLECTION, PROCESSING, USING, STORING, DISCLOSING AND HANDLING OF YOUR INFORMATION AS SET FORTH IN THESE TERMS NOW AND AS AMENDED BY US; (II) YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS AGREEMENT, (III) YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER OR ACT ON BEHALF OF THE OWNER OF THE ACCOUNT, AND BIND TO THIS AGREEMENT; AND (IV) YOUR USE OF THE DEXXION SERVICES IS FOR NON-COMMERCIAL/NON-BUSINESS PURPOSES ONLY.
DEXXION’s Platform is a digital Platform (i.e. integration platform as a service) which is cloud-based services that facilitates the integration and data exchange between software application or platforms. The Platform allows different software applications, which could be running in various environments, to communicate and share data with each other. The platform provides tools and features to define how this integration happens, manage the integrations, and execute the data exchanges.In short, the IPaaS facilitates and simplifies the communication between multiple software systems by centralizing and managing data exchange rather than requiring each system to connect directly to each other. (hereinafter referred to as “DEXXION Services”).
If, you do not have the legal authority to enter this agreement, do not understand this Agreement, or do not agree to the Agreement, please do not register to, or use the DEXXION Services. Please read carefully the entire Terms before using the Platform and related DEXXION Services. If the User does not accept and agree to be bound by any of these Terms, the User shall not be authorized to access or otherwise use this Platform or any information and DEXXION Services contained on this Platform. Your access to and use of this Platform constitutes your acceptance of and agreement to abide by each of the terms and conditions set forth below.
The DEXXION Services cannot be provided and the agreement described in these Terms cannot be performed without DEXXION processing tour data, including tour location data. Processing of the data you share with DEXXION is essential to the DEXXION Services and a necessary part of DEXXION’s performance of the agreement as per the Terms described hereinunder.
If you access or use the DEXXION Service on behalf of a company or other entity, you hereby represents that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term ‘you’ or ‘your’ will refer to such entity and its affiliates.
Definitions. Capitalised terms will have the meanings set forth below or otherwise defined in these Terms:
“Authorised User” means an individual employee of the User who User allows to access the DEXXION Services.
“Confidential Information” means all non-public information disclosed by the disclosing party (“Disclosing Party'') to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, information about the Disclosing Party’s business, employees, providers, business plans, marketing plans, product roadmaps or any other personal information. DEXXION’s confidential information includes the Platform, software, application, know-how, technology, algorithms, source code, and related DEXXION Data and any communications made by and between the relevant parties, whether written or oral.
“DEXXION Data''means the DEXXION-owned or licensed data accessed by the Users via the Platform, or any other data provided or owned by DEXXION. DEXXION Data shall adhere to the privacy selections of DEXXION members and will be aggregated and de-identified based on DEXXION’s internal policies and procedures.
“User(s)”means any entity subscribing to the DEXXION services, more detailed in Clause [] below.
“User Data”means the data and information provided by you and/or inputted, uploaded and/or shared by you to DEXXION for the purpose of using the DEXXION Services or facilitating your use of the DEXXION Services, or data you collect and process through your use of the DEXXION Services, in each case, excluding aggregated and anonymized information collected, processed or disclosed by DEXXION pursuant to these Terms.
“Data Protection Laws” shall mean all applicable laws, rules, regulations, decrees, or other enactments, orders, mandates, or resolutions relating to privacy, data security, and/or data protection, and any implementing, derivative or related legislation, rule, and regulation as amended, extended, repealed and replaced, or re-enacted, as well as any applicable industry self-regulatory programs related to the collection, use, disclosure, and security of Personal Data.
“Licensee”means the entity or organisation that is accessing the DEXXION Services.
“Personal Data”means any information relating to an identified or identifiable natural person under the User’s Account, who can be identified, directly or indirectly as defined under applicable Data Protection Laws.
“Territory” means the geographic areas with respect to which DEXXION Services and related DEXXION Data will be made available via the Platform.
The User must register and create an account on the Platform to use DEXXION Services. While creating an account on the Platform and during the term of the Agreement (“Account”), the User must provide and update the Account information and ensure it is true, accurate, current, and complete information as requested to create and maintain the Account. During the login/registration process or any time after that, the User may be required to provide personal identification details, including but not limited to your name, address, phone number, email address.
The User shall be solely responsible for all compliances in accordance with the provisions of these Terms and for any and all activities that occur under the User’s Account.
With regard to the User Data provided by the User to DEXXION on the Platform or otherwise, whether by the User or the administrator operating on behalf of the User, the User represents and warrants that the User has full authority to provide us with such User Data.
The User understands and has become familiar with the technical requirements necessary to access and use the Platform and has no objections in respect thereof. The User is aware of risks and threats connected with electronic data transmission.
DEXXION reserves the right to update/upgrade their Platform including but not limited to, API, content, user interface, functionalities and Services to increase performance, efficiency or add new verticals of Services. The User acknowledges that DEXXION shall not be liable for any deficiency or non-availability of Service due to the User not downloading updated versions or due to any issues or defects arising from any third dependencies.
The User acknowledges that the User shall have no ownership rights in the content, DEXXION Services, DEXXION Data or the Platform and that these remain protected under copyright, trademark, and other intellectual property laws and other applicable laws. The User may use the content DEXXION Data, DEXXION Services, or Platform only for personal and non-commercial use.
Those who choose to access this Platform from outside India are solely responsible for compliance with laws applicable in the jurisdiction within which they fall and the Company shall take no responsibility towards ensuring compliance with such applicable laws. For the sake of clarity, any reference to the use of the Platform shall include any access into the Platform, and materials available therein, through the Platform.
Eligibility. Use of Platform is available only to such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of Platform and shall not transact on or use Platform. As a minor if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents on the Platform. Company reserves the right to terminate your membership and / or refuse to provide you with access to Platform and related Services, if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years. By accepting these Terms of Use, the User irrevocably declares and undertakes that he/she is of legal age, i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between Company and such User to the extent permissible under applicable laws.
Access to the Platform and Subscription Plans. DEXXION provides access to the Platform through different subscription plans. The access rights, pricing, and features vary according to the subscription period, as outlined below:
Auto-Renewal. Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below. [ALMT Comment: Kindly note and confirm the commercial understanding.]
Cancellation of Subscription. If the User has signed up for the DEXXION Services, User may cancel your subscription by visiting your “My Profile” page and selecting “Cancel Subscription”. The cancellation of a subscription will go into effect at the end of User’ current billing cycle. When the User’s subscription ends, User account will remain but the User will not able to avail any DEXXION Services. Upon expiration of the subscription, the User may renew the subscription of the Platform and related DEXXION Services at any time without opening a new account, subject to payment of the agreed subscription fees. Alternatively, the User may choose to delete its account at any time. [ALMT Comment: Kindly note and confirm the commercial understanding.]
User’s rights and obligations: [ALMT Comment: Please let us know if any additional rights and obligations are to be incorporated.]
The User shall be solely responsible for acting in compliance with all laws, rules, and regulations and shall not indulge in any banned, illegal, fraudulent and immoral acts while using the Platform or availing the DEXXION Services.
The User shall take all reasonable and feasible measures to ensure there is no breach of security. In the event any breach of security occurs, the User shall immediately inform DEXXION of such breach. The User shall be liable for any and all losses that may be caused to DEXXION due to any breach of security attributable to the User.
The User shall bear all the liability for payment of all taxes and fees applicable for use of Platform and/or related DEXXION Services.
The User acknowledges and agrees that DEXXION shall process and transmit any request made by them through the Platform which is authenticated by their Account using the login credentials.
DEXXION may use, process or share the User Data of the Users for the sole purposes of providing DEXXION Services in accordance with these Terms and Privacy Policy of DEXXION and the User hereby expressly consents to such usage and transfer.
The User shall not, directly or indirectly attempt to gain unauthorized access to the Platform, other Users’ account(s), computer systems and/or networks connected to Platform through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
The User shall be solely and strictly liable for User Data and any activity that occurs under the User’s Account.
The User shall exclusively own and reserve all rights, title, and interest to their respective User Data. For the purposes of availing DEXXION Services, the User hereby agrees to grant DEXXION a worldwide, non-exclusive and royalty-free right to use, process and transfer such User Data solely for the purpose of providing the DEXXION Services to you pursuant to these Terms.
DEXXION is not responsible for the way the User uses the DEXXION Services. The User shall be solely responsible for lawful usage of the DEXXION Services consistent with this Terms.
DEXXION reserves the right to use User Data as may be reasonably required under applicable law, in the event of fraudulent or illegal activity by the User without its prior consent.
In particular and without limitation, the User declares that it will not use the DEXXION Services to transmit or store any content or communication or engage in or encourage any activity that is illegal, harmful, deceptive, unsolicited, violating others’ rights or otherwise poses a threat to the public or infringes any copyright, patent, trademark, trade secret, or other intellectual property rights of others, or otherwise cause DEXXION to become unable or impaired in its ability to provide the DEXXION Services, including:
interference with the Platform or otherwise negatively impacting any aspect of the Platform or any third-party networks that are linked to the Platform or disrupts the integrity or performance of the Platform and its components or endanger, interfere, compromise or circumvent the privacy, use, and/or security of the Platform, including, without limitation, submitting data or content that may contain viruses or other harmful components;
creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications, or mask the origin of any data, content, or other information you submit. For example, by “spoofing,” “phishing,” manipulating headers or other identifiers, impersonating anyone else, or accessing the Platform via another User’s Account without their permission;
use the Platform in a way that violates the rights of other individuals or laws, this includes violating applicable laws requiring consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications. Use the Platform for benchmarking or for any other purpose harmful DEXXION’s business operations or reputation; and
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
creates liability for Company or causes Company to lose (in whole or in part) the services of Company’s ISPs or other service providers;
infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
violates any law for the time being in force;
Allow or encourage anyone else to commit any of the actions listed above.
DEXXION shall neither be responsible nor liable for notifying the User of any upgrades, fixes, or enhancements to any such software, or for any compromise of data, including User Data, transmitted across computer networks or telecommunications facilities (including, but not limited to, the internet) which are not owned, operated, or controlled by DEXXION).
The User undertakes to use the Platform exclusively for legitimate purposes, provided that your activities are lawful and does not violate these Terms of Use and do not directly oppose any commercial and legal rights of DEXXION. The User shall prevent unauthorized access by any third parties to the Platform and shall also oblige its agents to comply with these obligations.
Upon DEXXION’s approval of User’s access to the Platform and related DEXXION Services (based on the applicable subscription model), and subject to the terms and conditions of these Terms, DEXXION hereby grants the following rights to the Users:
User Rights. Users are hereby granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-resalable right during the subscription term to access and use the DEXXION Service in accordance with the Documentation in each case solely for User’s internal business purposes. The User agrees that its access / usage / subscription to the DEXXION Services is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by the Company regarding any future functionality or features. Users shall maintain the confidentiality and security of its login credentials to access the DEXXION Service. The User shall take commercially reasonable precautions to protect against theft, loss or fraudulent use of such credentials, and shall immediately inform DEXXION of such theft, loss or fraudulent use. The User understands and agrees that each set of login credentials to the DEXXION Service is unique and may not be shared with others, including other personnel of the User.
Further Acknowledgments. The User hereby acknowledges and agrees that: (a) User shall remain liable to DEXXION for any acts or omissions of User in violation of the terms and conditions of this these Terms; (b) it does not obtain any use or other rights or interest in or to the DEXXION Service or DEXXION Data except for the relevant limited rights expressly set forth in these Terms; (c) DEXXION will have the right to immediately and without liability to User or anyone else suspend and/or terminate User’s access to or license rights with respect to the DEXXION Service or DEXXION Data, if DEXXION reasonably and in good faith believes or suspects that User is engaged in any conduct that violates these Terms, the rights of third parties, in any way creates circumstances that are likely to diminish, tarnish, or otherwise lessen DEXXION’s brand, reputation, or goodwill, or otherwise constitutes unlawful activity; (d) subject to any limiting terms otherwise set forth in these Terms, DEXXION may exercise and enforce all of its rights and remedies under these Terms or under law or equity; and (e) DEXXION has no obligation to provide any updates to the DEXXION Data or DEXXION Service, or provide new data otherwise collected by DEXXION.
Other Use Restrictions. User shall not remove, alter, obscure or modify any copyright or other proprietary rights or confidentiality notices contained in, provided or affixed by DEXXION to the DEXXION Data, DEXXION’s Confidential Information, or DEXXION Service. User shall neither use nor access, nor permit any third party, including any User, to use or access the DEXXION Service or any DEXXION Data to: (i) send viruses, malware, or other deleterious programs that threaten the security or integrity of DEXXION Service or the systems used to provide the same; (ii) send or store spam or otherwise duplicative or unsolicited messages in violation of applicable laws, infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) knowingly interfere with or disrupt the integrity or performance of DEXXION Service or the data contained therein; (iv) attempt to gain unauthorized access to DEXXION Service or DEXXION Data or DEXXION’s related systems or networks used to provide DEXXION Service or the DEXXION Data; (v) endeavor to directly or indirectly identify a DEXXION member or subscriber and/or any other identifiable natural person(s); (vi) copy, modify, translate, decompile, disassemble, translate, reverse engineer the DEXXION Data or DEXXION Service, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public technology, data, and information; or (vii) use the DEXXION Data or DEXXION Service for competitive analysis, analyses about DEXXION’s business, or to build competitive products. DEXXION may suspend or terminate User’s access to DEXXION Service or DEXXION Data immediately if DEXXION in its reasonable opinion concludes that Users have materially breached any of the restrictions in (i) through (vii) and that such breach may cause imminent and material harm, liability, or damages to DEXXION, User, or third parties. DEXXION may, but is not obligated to, provide written notice of the suspension and may attempt to limit any suspension to the affected functionality, users, or time necessary to resolve the issue. DEXXION may restore access to DEXXION Service and the DEXXION Data if it determines that the issue giving rise to the suspension was unintentional and has been resolved. Additionally, the User agree not to access the DEXXION Services by any means other than through the interfaces that are provided by the Company.
All right, title and interest in and to the Platform, DEXXION Data, DEXXION Service, DEXXION’s name and/or logo used, and any other proprietary and Confidential Information disclosed by DEXXION, in any medium, is solely and exclusively owned by DEXXION and its licensors. The User does not acquire any proprietary or ownership interest in the DEXXION Data, DEXXION Service, or any other Confidential Information disclosed by DEXXION, including any intellectual property rights relating thereto. Except for the limited use rights provided in these Terms, no licence or right is granted by either party to the other by implication, estoppel or otherwise, to any proprietary information of a party, or under any patent, copyright, trademark or trade secret of a party.
Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to DEXXION a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send DEXXION any Feedback that you do not wish to license to us as set forth above.
These Terms are effective from the date the respective User applies to or access the Platform and related DEXXION Service. DEXXION may terminate these Terms immediately upon giving written notice of termination to User if User commits a breach of these Terms. User may terminate these Terms at any time by deleting User’s account and ceasing access to and use of the Platform and related DEXXION Service and the DEXXION Data. These Terms shall terminate automatically upon expiration of the subscription term.
Upon expiration or termination of these Terms: (a) User’s rights outlined in these Terms shall terminate in their entirety and DEXXION shall promptly disable further login access to your respective Account, (b) User shall promptly erase or destroy all copies of the DEXXION Data in its possession or control, provided that copies in User’s back-up systems that cannot be erased or destroyed shall remain subject to the confidentiality and other restrictions on use set forth herein, and (c) the Receiving Party shall promptly cease all use of the Disclosing Party’s Confidential Information, and shall either return or permanently destroy the same, and certify such return or destruction in writing at the Disclosing Party’s request. Subject to the terms of (b) and (c) above, User may continue to use any DEXXION Data which is displayed on or contained in User Reports prepared prior to the effective date of termination on a royalty-free, perpetual and irrevocable basis, subject to such Users’ continued compliance with the attribution, use limitations, and other obligations contained in the Agreement.
DEXXION reserves the right to cease access of the respective User, should a data breach occur on the part of the User. A notice will be given to the User stating what occurred or what was thought to occur to constitute a breach. Should there be a plausible remedy for the breach, access may be restored at DEXXION’s sole discretion. DEXXION will notify the User as to whether access is restored or not.
Upon termination or expiration, User may notify DEXXION of its intent to renew. If User does not renew, DEXXION maintains the right to contact the User to provide renewal options. If User does not wish to receive any communications after the termination or expiration of these terms, User will notify DEXXION of its request to opt-out of such notifications.
The Receiving Party agrees not to disclose any Confidential Information to any third party (other than its agents, representatives, contractors, or providers who are subject to legal or professional obligations of confidentiality consistent with these Terms) or use such Confidential Information for any purpose other than is necessary to perform its obligations or exercise its rights under these Terms. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to the extent required by applicable law or court order, provided that the Receiving Party provides the Disclosing Party with prior notice of such compelled disclosure (if allowable by law) and provides reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party seeks to contest or limit the scope of the disclosure. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was lawfully known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to User; or (c) is lawfully received by User from a third party without breach of any obligation owed to the Disclosing Party.
Any third party products and services made available on or linked to the DEXXION Services are made and offered directly by the applicable third party. When the User and/or its Authorised Users pursue or access or purchase any such product or service of such third party, the User and/or its Authorised Users acknowledge that they are contracting directly with such a third party and not with DEXXION. Accordingly, User or its Authorised Users’ interaction with, or participation in promotions of, third parties found on or through the DEXXION Services, including payment towards availing any third-party goods or services or data exchange between software application or platforms, and any other terms, are solely between the respective User and such third party. The User and/or its Authorised Users are not obligated to use or transact business with any third party that appears on the DEXXION Services. DEXXION may provide links to other third-party internet sites or resources through the DEXXION Services. DEXXION does not endorse and is neither responsible nor liable for any content, information, advertising, products or other materials on or available from such sites or resources. The User and/or its Authorised Users acknowledge and agree that DEXXION is not responsible for the availability of such external sites or resources. THE USER AND/OR ITS AUTHORISED USERS AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED AS THE RESULT OF ANY OF DEALINGS WITH SUCH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE DEXXION SERVICES.
By using the DEXXION Services, the User agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold the DEXXION, its affiliates, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees and any third-party claims that the concerned indemnified persons may suffer on account of:
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEXXION MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM, DEXXION SERVICE, DEXXION DATA, OR THE USER REPORTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OMISSIONS, COMPLETENESS, PERFORMANCE, AND CURRENTNESS. USER ACKNOWLEDGES AND AGREES THAT THE PLATFORM, DEXXION DATA AND DEXXION SERVICES ARE PROVIDED SOLELY AND EXCLUSIVELY “AS IS.” DEXXION DOES NOT WARRANT THAT THE PLATFORM, DEXXION DATA AND THE DEXXION SERVICES, OR ACCESS THERETO WILL BE ERROR FREE, UNINTERRUPTED OR THAT EITHER WILL MEET USER’S NEEDS OR REQUIREMENTS.
AT ANY TIME IF, THE COMPANY BELIEVES THAT ITS SERVICES ARE BEING UTILIZED BY THE USER IN CONTRAVENTION OF THE TERMS AND PROVISIONS OF THIS TERMS OF USE, THE COMPANY SHALL HAVE THE RIGHT TO FORTHWITH REMOVE/ BLOCK/ CLOSE THE ACCOUNT OF THE USER AND FURNISH SUCH DETAILS ABOUT THE USER UPON A REQUEST RECEIVED FROM THE LEGAL/STATUTORY AUTHORITIES OR UNDER A COURT ORDER.
THE COMPANY WILL NOT BE LIABLE TO THE USER IN ANY WAY, IN CONNECTION WITH ANY ISSUES THAT MAY ARISE FROM ANY THIRD PARTY PLATFORM OR SERVICES LINKED WITH DEXXION’S PLATFORM OR DEXXION SERVICES. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM, DEXXION SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM, THEIR SERVERS, OR ELECTRONIC COMMUNICATION SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, HOWEVER THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION CONTAINED ON THE PLATFORM (INCLUDING ANY DATA OR INFOMRATION PROVIDED FROM ANY THIRD PARTY PLATFORM AND RELATED SERVICES). THE COMPANY DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR ANY OTHER CLAIM, WHATSOEVER, IN RESPECT OF ANY LOSS, WHETHER DIRECT OR CONSEQUENTIAL, TO ANY USER OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION, DATA AND/OR MATERIALS CONTAINED ON THE PLATFORM. (INCLUDING ANY DATA OR INFOMRATION PROVIDED FROM ANY THIRD PARTY PLATFORM AND RELATED SERVICES)
DEXXION WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, PRIVACY LAW, OTHER LEGAL THEORY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLATFORM, DEXXION DATA AND DEXXION SERVICES, INCLUDING, BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SAME, ANY INTERRUPTION, INACCURACY OR LOSS OF DATA, ERROR OR OMISSION, OR ANY LOST PROFITS, EVEN IF DEXXION IS ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL DEXXION BE LIABLE TO ANY USER FOR ANY CLAIMS OR DAMAGES RELATING IN ANY WAY TO USER’S OR AUTHORISED USER’S USE OF THE PLATFORM, DEXXION SERVICES AND/OR THE DEXXION DATA, INABILITY OR FAILURE TO ACCESS THE PLATFORM, DEXXION SERVICE AND/OR THE DEXXION DATA, CREATE OR GENERATE ANY USER REPORTS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY USER OR ANY THIRD PARTY OR AUTHORISED USER IN RELIANCE UPON ANY PORTION OF THE DEXXION DATA, OR THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING OF SUCH DATA. USER’S EXCLUSIVE REMEDY AND DEXXION’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS FOR DAMAGES UNDER OR RELATING TO THESE TERMS WILL BE LIMITED TO INR [●].[ALMT Comment: Kindly note and confirm the monetary cap on the liability that may be incurred by DEXXION.]
These DEXXION Services are controlled by DEXXION from its offices within India. DEXXION makes no representation that the DEXXION Services are appropriate or available for use in other locations. Access to or use of the DEXXION Services from territories where such access or use is illegal is prohibited. Those who choose to access the DEXXION Services from locations outside of India do so on their own initiative and are responsible for compliance with applicable local laws. The User may not use or export the content in violation of India’s export laws and regulations.
DEXXION may review and audit User’s compliance with the requirements thereof and User will provide reasonable access and information as required to conduct any such audit and confirm such compliance. Without limiting any other rights and remedies of DEXXION, DEXXION may immediately suspend or terminate, without advance notice, User’s access to the Platform and related DEXXION Services, if User fails to comply with any of the obligations or requirements under any agreement or if User has violated any applicable laws and regulations or the privacy or other rights of DEXXION’s users or others, or fail to comply with any obligation or requirement under these Terms.
Governing Law and Dispute Resolution. These Terms will be construed in accordance with, and governed in all respects by, the laws of India and any claims related to these Terms will be brought in the courts located in Bengaluru, India. Upon any dispute, claim or controversy arising out of, in relation to or in connection with this Terms of Use, the Parties shall first attempt to resolve such dispute, claim or controversy through good faith consultations. If the dispute, claim or controversy is not resolved through good faith consultations within 30 (thirty) days after either party has delivered a written notice to the other party requesting the commencement of consultation, then the dispute, claim or controversy shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka and the User hereby accedes to and accepts the jurisdiction of such courts.
Notices. Any notices permitted or required to be given shall be in writing, sent to the respective address set forth below or as otherwise agreed, and be deemed validly given (a) upon delivery, if personally delivered with service fees prepaid, (b) upon being sent, if sent via email, with confirmation of transmission, (c) upon delivery, if delivered, with fees prepaid, by reputable overnight courier that provides proof of delivery, or (d) three business days following deposit in the India Post Speed Post, postage prepaid, certified or registered, and return receipt requested.
Publicity. Notwithstanding anything contained herein, neither party shall (i) engage in any activity, marketing or other communication that identifies the other party, or (ii) otherwise use the other party’s or its affiliates’ names, logos, trademarks, trade names, or other intellectual property without the other party’s prior written consent in each instance. Upon expiration or termination of these Terms, each party shall cease any and all references or use of the intellectual property belonging to the other party, unless otherwise mutually agreed upon in writing.
Representation. The User (including its authorised signatory) represent and warrant that: (i) it / he / she is authorised to create such Account, whether individually or on behalf of an organisation; (ii) it / he / she owns the content (including User Data) posted on or through the Platform and related DEXXION Services and have the right to grant the rights and licences set forth in these Terms (“Content”) for the purposes of availing DEXXION Services; (iii) the use of such Content by DEXXION on does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
Assignment. User may not assign these Terms, or any rights under these Terms (whether expressly, by implication or by operation of law), or delegate its performance under these Terms, without DEXXION’s prior written consent. Any purported transfer, assignment, or delegation without consent will be null and void and of no force or effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the successors and permitted assigns of the parties.
Force Majeure. DEXXION shall not be liable for any failure to perform due to events or circumstances not within its reasonable control, including, but not limited to acts of God, acts of government, flood, fire, earthquakes, tsunami, civil unrest, computer or malicious attacks through the internet.
Mailing and SMS Services. By accepting the Terms, the User and/or its Authorised User also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided hereinunder. By accessing and using the Platform and related DEXXION Services and/ or verifying your contact number with DEXXION, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018. In case, you do not want to receive communications from their account with DEXXION, then they can send an email to [enter email id] for further assistance.
Third Party Beneficiaries. Nothing herein is intended to or shall be construed to confer upon or give any person or entity, other than DEXXION and User, and their respective successors and permitted assigns, any rights or remedies under or by reason of these Terms.
Entire Agreement and Severability. These Terms, privacy policy, and any other terms and conditions mutually agreed between the Parties or displayed on DEXXION’s website sets forth the entire understanding of the parties and supersedes all prior agreements and understandings, oral or written, between the parties relating to the subject matter hereof. If any provision of these Terms is determined to be invalid, unlawful, void or unenforceable to any extent, such provision or any portion thereof will be interpreted to best reflect the parties’ intent in compliance with the applicable law, and the remainder of these Terms will continue to be valid and enforceable to the fullest extent permitted by law.
Relationship. The Parties hereby agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between the User (including its Authorised Users, if applicable) and DEXXION as a result of the Terms or your use of the DEXXION Services.
[Name]
[Address]
[Contact number]
[email id]
Support and Questions. (a) You can contact Company at [enter email id] for any service requests; (b) Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Platform to [enter email id].
Waiver. No failure or delay by DEXXION to exercise any power, right, privilege or remedy under these Terms will operate as a waiver thereof. No single or partial exercise of any such power, right, privilege or remedy will preclude any other or further exercise thereof.
Modification of these Terms. Certain provisions of these Terms may be supplemented or superseded by expressly designated notices or terms located on particular pages on the DEXXION’s website. DEXXION reserves the right to update these Terms from time to time at our sole discretion. It shall be the responsibility of the User to be aware of the updated Terms as acceptance to the Terms shall be deemed as an unconditional acceptance of the updated Terms. By continuing to access or use the DEXXION Service after DEXXION has provided User with notice of a modification, User is agreeing to be bound by the modified Terms. If the User does not accept the updated Terms, the User shall be required to terminate the Services of the Company in which case the User will not be able to access the services provided herein.
Interpretation. Each party acknowledges that it has had the opportunity to review these Terms with legal counsel of its choice, and there will be no presumption that any ambiguities will be construed or interpreted against the drafter.
Remedies. The parties agree that any breach of the terms of this Agreement by either party would result in immediate and irreparable injury and damage to the other party which could not be adequately compensated by damages. The parties therefore also agree that in the event of any such breach or any anticipated or threatened breach by the defaulting party, the other party shall be entitled to equitable relief, including by way of temporary or permanent injunction or specific performance, without having to prove damages, in addition to any other remedies (including damages) to which such other party may be entitled at law or in equity.
Survival. Any provisions of these Terms that are intended by their nature to survive termination or expiration shall continue to remain in effect following such termination or expiration of your access to the Platform or DEXXION Services.
