Terms of Use
This Terms of Use document (“TOS”) is a legal agreement between you, the end user (“You”/“Your”), and Xtreme Ecommerce, the owner of all intellectual property rights in the cloud-based business inventory platform titled “Xtreme Ecommerce” (“Platform”). The TOS describes the terms on which Xtreme Ecommerce offers access to the Platform and the Services (defined below) to all end users. PLEASE READ THE TOS CAREFULLY. YOUR ACCEPTANCE OF THIS TOS AND USE OF THE PLATFORM SHALL SIGNIFY YOUR ACCEPTANCE OF THE TOS, THE PRIVACY POLICY AVAILABLE AT Privacy policy, AND THE OTHER WEBSITE POLICIES AS WELL AS YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. This is a legally binding agreement and is enforceable against You. Xtreme Ecommerce may modify the terms of the TOS at any time and shall inform You of the same. You will be deemed to have accepted the revised TOS if You continue to access the Platform after the modifications become effective. If You do not agree to the terms of this TOS, please do not access or use the Platform. The following are the terms and conditions on which Xtreme Ecommerce agrees to permit You to access and use the Platform and the Services.
Registration
In order to access and use the Platform, You will be required to register Yourself and maintain a Xtreme Ecommerce account (“Account”) which will require You to furnish to Xtreme Ecommerce, certain information and details, including Your name, e-mail id, and any other information deemed necessary by Xtreme Ecommerce (“Account Information”). You agree to keep this information updated at all times. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. Xtreme Ecommerce and its affiliates / partners are not liable for any harm caused by, or related to the theft of, Your ID, Your disclosure of Your Account Information, or Your authorization to allow another person to access and use the Service using Your Account. However, You may be liable to Xtreme Ecommerce and its affiliates / partners for the losses caused to them due to such unauthorized use.
Account Dos and Don’ts: You agree to abide by the following dos and don’ts for registering and maintaining the security of Your Account.
- You will create the Account on behalf of an entity or firm or in Your individual capacity only if You are a natural person aged 18 years or above and competent to enter into a valid and binding contract
- You will not provide any false personal information to Xtreme Ecommerce.
- You shall ensure that the Account Information is complete, accurate and up-to-date at all times.
- You shall not use any other user’s Account Information or log into that user’s Account.
- You will not share Your password or do anything that might jeopardize the security of Your Account.
- On completing the registration process, You shall be entitled to access the Platform and avail of the Services.
- Your account, ID, and password may not be transferred or sold to another party.
You agree to immediately notify Unicommerce of any unauthorized use of Your account or any other breach of security known to You. In order to ensure that Xtreme Ecommerce is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to let Xtreme eCommerce’s employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse. Additionally, You agree to disclose to Xtreme Ecommerce, and permit Xtreme eCommerceto use, Your login ID, password and such other account details with respect to Your account(s) with e-commerce websites/platforms, for the limited purpose of resolving technical problems. You also grant Xtreme Ecommerce the right to disclose to its affiliates / partners / third parties Your Account Information to the extent necessary for the purpose of rendering the Services.
Scope of Services
Xtreme Ecommerce hereby grants You a specific, non-exclusive, non-transferrable and limited license to access and use the Platform (which is public cloud hosted order and/or warehouse management application) via the internet, and avail of the services provided by the Platform with respect to warehouse management (“Services”). Xtreme Ecommerce reserves the right to make changes to the functionality or the documentation of the Platform and the provision of Services from time to time. Xtreme Ecommerce retains all rights in the Platform and the Services, and grants You only a right and license to use the Platform / application as stated herein. No other license is intended to be granted to You. Xtreme Ecommerce reserves all rights in its name, trademarks, copyrights and any other intellectual property. You may use the Platform and the Service to store data, print and display data in the Service. No other use of the Platform and the Service by You shall be permitted. You may access the Platform and the Services using a single user Account via multiple access points. You may allow Your employees, agents and independent contractors to access the Platform via Your Account on Your behalf. However, You agree not to provide any access to Your Account to any third party vendors. Xtreme Ecommerce shall perform all necessary server management and maintenance services with respect to the Platform at no additional cost to You. Xtreme Ecommerce does not guarantee availability of the Platform at all times. Xtreme Ecommerce shall use reasonable efforts to make the Services available to You, at all times through the Platform. However, as the Services are provided over the Internet, data and cellular networks, the quality and availability of the same may be affected by factors outside Xtreme eCommerce’s control. Therefore, Xtreme Ecommerce shall not be liable for non-availability of the Services at any time. Xtreme Ecommerce may try to restore access to the Platform and the Services on a best reasonable and commercially viable basis.
Use of Services
The Platform is a standard off-the-shelf application. We do not provide any customization in the platform. You agree to use the Services solely for the purpose for which the Services are provided, namely warehousing, and solely to aid Your business. You shall not sublicense or resell the Platform or the Services for the use or benefit of any other organization, entity, business or enterprise. You agree not to submit or upload to the Platform any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing any third party proprietary rights, invasive of personal privacy or otherwise objectionable (collectively, “Objectionable Matter”). Xtreme Ecommerce reserves the right to adopt and amend rules for the permissible use of the Platform and the Services at any time, and You shall be required to comply with such rules. You shall also be required to comply with all applicable laws regarding privacy, data storage etc., or any other policy of Xtreme Ecommerce, as updated from time to time. Xtreme Ecommerce reserves the right to terminate this Agreement and Your access to the Platform, without notice, if You commit any breach of this clause. As part of the Services, the Platform allows You to upload data / content to it. All user data uploaded or submitted by You to Your Account, shall be Your sole property. You retain all rights in the data uploaded by You to the Platform and shall remain liable for the legality, reliability, integrity, accuracy and copyright permissions thereto of such data. Xtreme Ecommerce will use commercially reasonable security measures to protect the User’s data against unauthorized disclosure or use. However, Xtreme Ecommerce does not guarantee data security. If Your data is damaged or lost, Xtreme Ecommerce will use commercially reasonable means to recover such data. You agree that You are entering into this agreement in full knowledge of the same. You shall not alter, resell or sublicense the Platform or the Services to any third party. You shall not reverse engineer the Platform or its software or other technology, circumvent, disable or otherwise interfere with security-related features or any digital rights management mechanisms of the Platform. You will not use the Platform or the Service to (i) build a competitive product or service, (ii) make or have a product with similar ideas, features, functions or graphics of the Platform, (iii) make derivative works based on the Platform / Services; or (iv) copy any features, functions or graphics of the Platform/Services.
Xtreme Ecommerce is an intermediary as defined under the Information Technology Act, 2000. Xtreme Ecommerce does not monitor or control any data or content uploaded by You to the Platform. You agree not to use or encourage, or permit others to store, upload, modify, update or share any information that:
belongs to another person and to which you do not have any right;c is grossly harmful, misleading, harassing, blasphemous defamatory, indecent, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, invasive of personal privacy or otherwise objectionable or any data / content that is contrary to any applicable local, national, and international laws and regulations; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force;results in impersonation of any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; is someone’s identification documents or sensitive financial information;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 cognisable offence or prevents investigation of any offence or is insulting any other nation; or makes available any data / content in contravention of these TOS or applicable policies, or any data / content that You do not have a right to access, store, use or make available to third parties under any law or contractual or fiduciary relationship. Xtreme Ecommerce reserves the right to suspend or terminate Your access to Your Account if You cause any disruption or harm to the Xtreme Ecommerce infrastructure or to any third parties, or violate the provisions of the Information Technology Act, 2000, any applicable privacy laws or any of the applicable laws. You hereby consent to let Xtreme eCommerce’s employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse.
Fees
This is a paid version of the Platform. The Platform works on a prepaid or recharge model where You may choose from the paid or recharge options (“Fees”) by going to the billing section of your Xtreme Ecommerce account. The Fees shall be exclusive of all applicable taxes. You may choose to pay the Fees by any of the payment options made available by Xtreme Ecommerce including, credit card, debit card, net banking or cheque. There will be no deduction of TDS in case of use of any of the online methods for payments of Fees. If Xtreme Ecommerce changes the Fees payable, Xtreme Ecommerce shall give You advance notice of these changes via a message to the email address associated with Your Account. Xtreme Ecommerce will bill You through Your chosen payment method, from the date You opt for the paid Services option until termination. All payments are final and non-refundable. You will not be entitled to any cancellation or cooling off period after opting for the paid Services. All advance paid is non-refundable and the initial upgrade amount paid will have validity of 30 days. If a customer is unable to go live and start-processing orders in a specified period, his account will be disabled and upgrade fees will be adjusted. The Services are provided to You via the internet and data and cellular networks, relevant internet charges and network or data charges, roaming charges, etc., applicable for Your use of the internet and the data shall apply (over and above the Fees) while accessing the Platform and availing the Services. You accept responsibility for all such charges that may arise due to Your use of the Platform and the Services.
Indemnification
You shall indemnify and hold harmless, Xtreme Ecommerce, its affiliates, any third party content / networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents, for and against any and all claims, losses, damages, costs and expenses arising out of, or relating to, Your use of the Platform and the Services or Your breach of the TOS or any other restrictions or guidelines provided by Xtreme Ecommerce. This indemnification obligation will survive at all times, including, Your use of the Platform and the Services.
Notice and Takedown Mechanism
The content uploaded by You may be available on the e-commerce websites / marketplaces in India or abroad, as chosen by You. In such circumstances, the notice and takedown provisions applicable to the particular e-commerce websites / marketplaces will be applicable to the content uploaded by You. Content which is objectionable or infringing will be accordingly taken down. For all other times, the notice and takedown mechanism provided below will apply.
If You are the owner of copyright in any content shared or uploaded on the Platform without Your consent, or You believe that any user of the Platform is storing, hosting, uploading or transmitting data / content, then You are required to send a written notice to the Grievance Officer at Xtreme Ecommerce providing the following information/details:
- Description of the work with adequate information to identify the data / content;
- Details establishing that you are the owner or the exclusive licensee of copyright in the content;
- Details establishing that the copy of the content in question is an infringing copy of the content owned by You and that the allegedly infringing act is not considered as a ‘non-infringing’ act under Section 52 of the Copyright Act and is not any other act that is permitted under the Copyright Act;
- Details of the location where the content in question is stored (i.e., the URL of the page where such content is stored);
- Details of the person, if known, who has uploaded the infringing copy of the content
- Undertaking that You shall file an infringement suit in the competent court against such person uploading the infringing copy and provide a copy of the orders so obtained to Xtreme Ecommerce within twenty one (21) days from the date of receipt of the notice by Xtreme Ecommerce.