In order to access and use the Platform, You will be required to register yourself and maintain a Extreme Ecommerce account (“Account”) which will require you to furnish to Extreme Ecommerce, certain information and details, including your name, e-mail id, and any other information deemed necessary by Extreme 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. Extreme 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 Extreme 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 Extreme 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 Extreme Ecommerce of any unauthorized use of your account or any other breach of security known to you. In order to ensure that Extreme Ecommerce is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to let Extreme 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 Extreme Ecommerce and permit Extreme Ecommerce to 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.
Scope of Services
Extreme Ecommerce hereby grants you a specific, non-exclusive, non-transferrable and limited license to access and use the platform via the internet, and avail of the services provided by the platform. Extreme 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. Extreme 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. Extreme Ecommerce shall perform all necessary server management and maintenance services with respect to the platform at no additional cost to you. Extreme Ecommerce does not guarantee availability of the platform at all times. Extreme 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 Extreme Ecommerce’s control. Therefore, Extreme Ecommerce shall not be liable for non-availability of the Services at any time. Extreme Ecommerce may try to restore access to the platform and the services on a best reasonable and commercially viable basis.
You may use the platform and the service to store data, print and display data in the service.
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 rights; is grossly harmful, misleading, harassing, blasphemous defamatory, indecent, obscene, pornographic, 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, defense, 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 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. Extreme Ecommerce reserves the right to suspend or terminate your access to your account if you cause any disruption or harm to the Extreme 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 Extreme 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.
Notice and Takedown Mechanism
The content uploaded by you may be available on the Ecommerce websites/marketplaces in India or other countries, as chosen by you. In such circumstances, the notice and takedown provisions applicable to the particular Ecommerce 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 Extreme 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);
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 Extreme Ecommerce within twenty one (21) days from the date of receipt of the notice by Extreme Ecommerce.
Suspension and Termination
This TOS is governed and constructed in accordance with the laws of India. The courts in Delhi alone shall have exclusive jurisdiction to hear disputes arising out of the TOS without any reference to the conflict of law provisions. The platform is made available to you by Extreme Ecommerce from its offices in India. You agree that: (i) the Services shall be deemed solely based in India; and (ii) the use of the Platform and the Services do not give rise to personal jurisdiction over Extreme Ecommerce, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India’s choice of law rules, will apply to these TOS and to the provision of Services by Extreme Ecommerce and your use of the same. Extreme Ecommerce makes no representation that the platform and the services are appropriate or available for use at other locations outside India. Access to the platform from jurisdictions where the services are illegal is prohibited. Extreme Ecommerce reserves the right to block access to the platform to certain international users. If you access the platform from a location outside India, you are responsible for compliance with all applicable local laws.
Any failure by Extreme Ecommerce to enforce the TOS, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
If any of the provisions of this TOS are deemed invalid, void, or for any reason unenforceable, that part of the TOS will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the TOS.
If You have questions or concerns about the TOS, please contact Extreme Ecommerce at firstname.lastname@example.org