1. Acceptance of Terms
You acknowledge that this Agreement is a contract between you and Xerve Innovations Pvt. Ltd., even though it is electronic and is not physically signed by you and Xerve Innovations Pvt. Ltd., and it governs your use of This Website.
2. Changes to Agreement
3. Use of This Website
Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Xerve Innovations Pvt. Ltd. or any third party. Except as expressly granted under this Agreement, all rights are reserved by Xerve Innovations Pvt. Ltd..
You may not display This Website in frames or utilize any other techniques to display This Website (or any content on This Website) without the prior express written consent of Xerve Innovations Pvt. Ltd.. You may not use any meta tags or any other "hidden text" utilizing Xerve Innovations Pvt. Ltd.'s name or trademarks without the prior express written consent of Xerve Innovations Pvt. Ltd.. You may not use WWW.XERVE.IN domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using This Website. You may not link to This Website, without Xerve Innovations Pvt. Ltd.'s prior consent, which consent may be withdrawn by Xerve Innovations Pvt. Ltd. at any time, with or without notice, in Xerve Innovations Pvt. Ltd.'s sole discretion.
"User Provided Content" means information, content and other material that any user of This Website submits or otherwise provides to Xerve Innovations Pvt. Ltd. (including but not limited to enquiries, corporate and personal profile and contact details, feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of This Website submits or otherwise provides Xerve Innovations Pvt. Ltd. with User Provided Content, such User Provided Content will be deemed to be non-confidential, and Xerve Innovations Pvt. Ltd. assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content). Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Content (as defined in any Advertising Agreement between you and Xerve Innovations Pvt. Ltd.) that you provide to Xerve Innovations Pvt. Ltd. in connection with such Advertising Agreement.
We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for and in our services. We provide the Materials through This Website FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the User Provided Content, Xerve Innovations Pvt. Ltd. is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the User Provided Content including but not limited to decisions based on the User Provided Content which results in any loss of data, revenue, profits, goodwill, property, infection by viruses etc.
You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to This Website. You may not use This Website to compile a collection of listings, including a competing listing product or service. You may not use This Website or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the services, products, processes or technology described therein. All such rights are retained by Xerve Innovations Pvt. Ltd., its subsidiaries, parent companies, and/or any third party owner of such rights.
You may not use bots or similar methods or tools to "data mine" or otherwise gather or extract data from This Website, without Xerve Innovations Pvt. Ltd.’ prior consent, which consent may be withdrawn by Xerve Innovations Pvt. Ltd. at any time, with or without notice, in Xerve Innovations Pvt. Ltd.’ sole discretion.
Xerve Innovations Pvt. Ltd. is under no obligation to monitor the information residing on or transmitted to This Website. However, anyone accessing This Website agrees that Xerve Innovations Pvt. Ltd. may monitor the contents of This Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate This Website properly or to protect itself and its users. Xerve Innovations Pvt. Ltd. reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to This Website (or the server(s) that host This Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement.
You grant Xerve Innovations Pvt. Ltd. and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to Xerve Innovations Pvt. Ltd., in whole or in part, in such manner, format and media as Xerve Innovations Pvt. Ltd. may see fit in its sole discretion and for such purposes as Xerve Innovations Pvt. Ltd. may see fit in its sole discretion, without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to Xerve Innovations Pvt. Ltd. in this paragraph, subject to such terms and conditions as Xerve Innovations Pvt. Ltd. may deem appropriate in its sole discretion, without compensation to you.
Without limiting the preceding paragraph, the submission or provision of User Provided Content to Xerve Innovations Pvt. Ltd. will in no way prevent the purchase, manufacture or use of similar services, products, plans, ideas and the like by Xerve Innovations Pvt. Ltd. for any purpose whatever.
You represent and warrant that you have the right and authority to grant Xerve Innovations Pvt. Ltd. the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by Xerve Innovations Pvt. Ltd. or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all "moral rights" that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) you are at least 18 years old, and (e) use of such User Provided Content will not cause injury to any person or entity.
You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, This Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree and understand that Xerve Innovations Pvt. Ltd. may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at This Website, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at This Website because Xerve Innovations Pvt. Ltd. will not undertake to retain copies of any material that Xerve Innovations Pvt. Ltd. or others may delete from This Website.
Your dealings or communications through This Website with any party other than Xerve Innovations Pvt. Ltd. are solely between you and that third party. Under no circumstances will Xerve Innovations Pvt. Ltd. be liable for any services, products, resources or content available through such third party dealings or communications, or for any related harm.
Xerve Innovations Pvt. Ltd. reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on This Website and in other communication with existing or potential customers of Xerve Innovations Pvt. Ltd.. To decline Xerve Innovations Pvt. Ltd. this right you need to Contact Us stating that you do not wish to be used as a reference.
Xerve Innovations Pvt. Ltd. communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on This Website, Xerve Innovations Pvt. Ltd. has no control over User Provided Content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on This Website may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any User Provided Content, including any errors or omissions in any content, access and/or use of the content on This Website or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, goodwill, property, infection by viruses etc.
All of the data on services, products, and promotions including but not limited to, the prices and the availability of any service or product or any feature thereof, is subject to change without notice by the party providing the service, product or promotion. You should use discretion while using This Website.
Xerve Innovations Pvt. Ltd. reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of This Website. Where appropriate, we will endeavor to update information listed on This Website on a timely basis, but shall not be liable for any inaccuracies.
Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information and User Provided Content, copying and stealing of Xerve Innovations Pvt. Ltd.’ business idea and model, list of categories – subcategories – countries – cities – office areas, list of registered - displayed - paid vendors, leads and listing content, features (profiles listing, enquiries capture, leads listing and sales, reports etc.), design concepts (website, profiles listing, reports etc.), pricing strategy, technology ideas, and other intellectual property contained in This Website in any manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the User Provided Content on This Website as a convenience to users. The listing of an external site does not imply endorsement of the site by Xerve Innovations Pvt. Ltd. or its affiliates. Xerve Innovations Pvt. Ltd. does not make any representations regarding the availability and performance of This Website or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from This Website, your browser automatically may direct you to a new browser window that is not hosted or controlled by Xerve Innovations Pvt. Ltd.. Xerve Innovations Pvt. Ltd. and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to This Website, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in profiles and leads listings that become part of the Materials on This Website, and we make no representation and assume no responsibility concerning the content that third parties submit.
Xerve Innovations Pvt. Ltd. also reserves the right to impose or change the access regulations of This Website, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use This Website.
You agree that you will comply with any security processes and procedures (such as passwords) specified by Xerve Innovations Pvt. Ltd. with respect to access to or use of This Website. Further, you agree not to access or attempt to access any areas of or through This Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by Xerve Innovations Pvt. Ltd.. You agree that you will not disrupt the functioning of This Website or otherwise act in a way that interferes with other users’ use of This Website.
As part of the registration process, you may be asked to create or may be given a login and password for your account. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Xerve Innovations Pvt. Ltd. reserves the right to access your account in order to respond to your requests for support. You agree to receiving both Transactional and Promotional Communication from Xerve.in (ex: Emails, SMSes, Calls etc.). By posting your content in This Website, you hereby do and shall grant Xerve Innovations Pvt. Ltd. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with This Website’s services. Xerve Innovations Pvt. Ltd. has the right, but not the obligation, to monitor the services, content, or your content. You further agree that we may remove or disable any User Provided Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
4. Terms and Conditions
You agree to the following:
For User Type - Clients:
For User Type - Vendors:
This Website guarantees that it will try to continuously and consistently provide it’s visitors, members and clients highly valuable and the best services in order to assist them in doing business smarter, faster, better and profitably.
Please remember that any provider of services or products is entitled to register with Xerve Innovations Pvt. Ltd.. Xerve Innovations Pvt. Ltd. does not examine whether the advertisers are good, reputable or quality service providers or sellers of products. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Xerve Innovations Pvt. Ltd. has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Availing of services or purchasing of products from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any services, products, deals, coupons or other promotions or materials contained on, distributed through, or linked, downloaded or accessed from This Website.
References that we make to any names, marks, services or products of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any service or product, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with This Website.
Any use of This Website, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Xerve Innovations Pvt. Ltd. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in This Website.
Xerve Innovations Pvt. Ltd. makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the services or products offered by the advertiser.
Users using This Website are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the advertiser/s registered or listed with This Website.
All the users are cautioned that all and any information of whatsoever nature provided or received from the advertiser/s is taken in good faith, without least suspecting the bonafides of the advertiser/s and Xerve Innovations Pvt. Ltd. does not confirm, does not acknowledge, or subscribe to the claims and representation made by the advertiser/s registered or listed with Xerve Innovations Pvt. Ltd.. Further, Xerve Innovations Pvt. Ltd. is not at all responsible for any act of advertiser/s registered or listed in This Website.
Xerve Innovations Pvt. Ltd.’ product and service names, logos, design marks and slogans may not be used in any manner without the prior written consent of Xerve Innovations Pvt. Ltd.. Requests for authorization should be made via Contact Us section.
6. Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. Xerve Innovations Pvt. Ltd. ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.
IN NO EVENT SHALL Xerve Innovations Pvt. Ltd. OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, GOODWILL, SALES, PROFITS OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY SERVICES OR PRODUCTS PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY SERVICES OR PRODUCTS PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER Xerve Innovations Pvt. Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
XERVE INNOVATIONS PVT. LTD. WILL BE LIABLE TO PROVIDE CASHBACK TO USERS ONLY TO THE EXTENT OF ACTUAL SALES FEES (EXCLUDING TAX) RECEIVED FROM SELLER PARTNERS LIKE FLIPKART, BIGBASKET, MYNTRA, SHOPCLUES, SWIGGY AND OTHERS, IRRESPECTIVE OF THE OFFERS THAT WERE OR ARE BEING PROMOTED BY XERVE INNOVATIONS PVT. LTD. IN INDIA.
SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES AND COUNTRIES, Xerve Innovations Pvt. Ltd.’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Disclaimer of Warranties
Any material on This Website may include technical or other inaccuracies or typographical errors.
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
Xerve Innovations Pvt. Ltd. AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY Xerve Innovations Pvt. Ltd., ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER Xerve Innovations Pvt. Ltd. NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER Xerve Innovations Pvt. Ltd. NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY SERVICES OR PRODUCTS PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY SERVICES OR PRODUCTS PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE SERVICES OR PRODUCTS MADE AVAILABLE ON OR THROUGH THIS WEBSITE IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT SERVICE AND/OR PRODUCT AND NOT BY Xerve Innovations Pvt. Ltd..
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR ITS SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DO.
Reference herein to any services, products, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Xerve Innovations Pvt. Ltd.. Product and service information is the sole responsibility of each advertiser or vendor.
Changes may be periodically incorporated into This Website. Xerve Innovations Pvt. Ltd. may make improvements and/or changes in the services, products, and/or programs described in This Website and the Materials at any time without notice. Xerve Innovations Pvt. Ltd. reserves the right to modify, reject or eliminate any material residing on or transmitted to This Website that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions in this Agreement. Xerve Innovations Pvt. Ltd. will delete any materials at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising. Xerve Innovations Pvt. Ltd. reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of Xerve Innovations Pvt. Ltd., may be, defamatory, infringing or violate of applicable law. Xerve Innovations Pvt. Ltd. reserves the right to exclude Material from This Website. Materials submitted to Xerve Innovations Pvt. Ltd. for publication on This Website may be edited for length, clarity and/or consistency with Xerve Innovations Pvt. Ltd.' editorial standards.
Xerve Innovations Pvt. Ltd. has the right to terminate, suspend or restrict your access to This Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access This Website.
Xerve Innovations Pvt. Ltd. also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.
You will not be able to terminate your account. You can only set your account in hibernate mode by unsubscribing from all communication via My Account – Settings section and by not using This Website.
Xerve Innovations Pvt. Ltd. reserves the right to modify or discontinue, temporarily or permanently This Website and the services (or any part thereof) with or without notice. All of your content on This Website (if any) may be permanently deleted by Xerve Innovations Pvt. Ltd. upon any termination of your account in its sole discretion.
You agree, at your own expense, to indemnify, defend and hold Xerve Innovations Pvt. Ltd. (and its subsidiaries, officers, directors, agents, affiliates, investors, employees, contractors, service providers and third parties providing content on This Website) harmless from and against all claims, damages and expenses (including attorney's fees), and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through This Website (including, without limitation, Xerve Innovations Pvt. Ltd.’ exercise of its rights with respect to such information), (c) your publication displayed on This Website, or (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for services or products on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any services or products that you solicit, bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such services or products or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any services or products that you solicit, bid on, purchase or otherwise obtain on or through any Third Party Site).
Xerve Innovations Pvt. Ltd. reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section.
This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Xerve Innovations Pvt. Ltd. with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only by Xerve Innovations Pvt. Ltd. as set forth in Section 2 of this Agreement entitled "Changes to Agreement". Any terms varying from this Agreement in any written, electronic or other communication from you are void. Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Copy (as defined in any applicable Advertising Agreement or any Xerve Innovations Pvt. Ltd.-provided Additional Terms or Addendum).
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.
Xerve Innovations Pvt. Ltd. reserves the right to investigate complaints or reported violations of these terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Xerve Innovations Pvt. Ltd. reserves the right to seek all remedies available at law and in equity for violations of these terms.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Xerve Innovations Pvt. Ltd. in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
In no event shall we or any distribution site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.
In any legal proceeding relating to this Agreement, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial. All disputes, claims, differences or controversies arising out of or relating to this Agreement or the services that are not resolved by mutual agreement shall be resolved by Arbitration in accordance with the Arbitration and Conciliation Act, 1996 to be conducted in Bangalore, India. Unless otherwise agreed by the parties, arbitration shall be conducted in English language and will be held in Bangalore, India before three arbitrators - one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties.
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